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SR-9-A (69)~ I~yr~~s • ~~ ~~ ~ r~~o CA:RMM:rmd113s/hpcal City Council i~ieeting 8-7-90 Santa Monica, Cal~.fornia STAFF REPORT T0: Mayor and City Council FROM: City Attorney SUBJECT: Resolutions for Regular Municipal Election to be Held on November 5, 1990 This Staff Report transmits ta the City Council four resolutions far adoptzon in connection with the Regular Municipal ~lection to be held on November 6, 1990. At its meeting on July 25, 1990, the City Council reviewed and appro~ed most aspects of the accompanying resalutions. Remaining for City Council review and acta.on at this ti~e are the fallowing issues: 1. R~view and approval af ballot title and text of ineasure to amend the Rent Control Law. The ballot title is contained in Section 6 of the Resalution and the text is contained in Exhibi~ 6 of the Resolution, 2. Review and approval of the reva.sed ballot title and text of the measure relating to inclusionary housing. The City Council on July 25, 1990, approved this measure ]aut requested more specific language defining low and moderate income housing. The revised ballat title is contained in Section 7 of the Resolution and the rewised text is contained in Exhibit 7 of the Resalution. ~` ~ ~ - 1 - ~UG 7 ~9~ ~ ~ 3. Review and approval of ballot title ar~d text of ineasure to exempt Sand and Sea Club property from the Rent Control Law. The City Attorney was directed to prepare this measure. The ball.ot title is contained in Section 8 of the Resolution and the text is contained in Exhibit 8 af the Resolution. 4. Insert the names of Councilmembers who desire ta prepare written arguments for or against the various ballot measures being placed before the voters. In addition, at its meeting on August l, 1990, the City Council actad to place before th~ voters a measu~e concerning the repeal of the Development Agreement between the City and Pacific Beach Developx~nent Limited Partnership. The resolutions have been revised to include this additional measure. Upon taking these actions, the City Council should adopt each of the accompanying resolutions. The p~rpose of each resolution is discussed below: 1. Resal.ution Submittinq to the Voters Nine Ba11ot Measures. This Resolution submits to the vaters the following ballot measures: a. An initiative qualified pursuant to Elections Code Section ~000 et seq. establishing a beach over~ay district in the area bounded by the Pacific Ocean an the west, by the City b~undary on the north, by the centerline of Ocean Avenue and Neilson Way on the east, and by the City b~undary on the south and prohibiting hotel, motel and certain r~staurant development in tha~ district. - 2 - ~ i b. An initiative qualified pursuant to Elections Code Section 4aao et seq. establishing a three year Citywide moratorium on hatel development, establishing a beach overlay district in the area bounded by the Pacific Ocean on the west, by the City boundary on the north, by the centerline af Ocean Avenue and Neilson Way on the east, and by the City boundary Qn the south (with certain exceptions), and restricting fifty percent of the transient occupancy tax generated from hotels in the beach overlay district and at 415 Pacific Coast Highway far clean-up of the Santa Mflnica Bay and for park i~provements. c. An initiative qua].ified pursuant to Eiections Code Section 4080 et seq, and Go~ernment Code Section 34450 et seq. amending the City Charter to permit an increase in the maximum allowable rent upon a tenant's voluntary vacancy of a rent controlled unzt. d. An initiative qualified pursuant to Electians Code Section 4080 et seq. and Government Code Section 34450 et seq. amending the Charter of the City of Santa Monica providing for an elected City Attorney. e. A proposal submitted by the City Counci~ pursuant to Government Code Section 34459 amending the Charter of the City of Santa Monica providing greater tenant protections in the conversion process and adding SectiQn ~018 ta the City Charter p~ohibiting canversions not processed pursuant to the Tenant Ownarship Rights pravisians. f. Proposal sub~itted by the City Council pursuant to Government Code Section 34459 to make revisians in the Rent Control Law, - 3 - ~ ~ g. Proposal submitted by the City Council pursuant to Government Code Section 34459 to require that 30~ of all new multifamily housing constructed in the City be affordahle to low and moderate income persons and families. h. Proposai submitted by the City Council pursuant ta Gave~nment Code Section 34459 amending the Charter of the City of Santa Monica to exempt from the Rent Cantrol Law property which is part of the State Park System and owned by the State of California on July 1, 1990. h. Proposal subm~tted by the City Council gursuant to Election Code Section ~017 concerning the repeal af the Development Agreement between the City of Santa Monica and Pacific Beach Oevelopment Limited Partnership for deveZopment vf a hotel and public community center at 415 Pacific Coast Hi.ghway. 2. Resolution Authorizinq Meznbers of the City Council to Submit Arquments Concerninq Various Propositions. The purpose of this Resolution is to give members of the City Council an opportunity to submit arguments in favor of or against the eight propositions to be submitted to the voters. By virtue of Elections Code Section 5416, the City Council or its members authorized by the City Council have priority in submitting arguments in favox of or against a ballot measure, If the City Council desires to permit its members to submit arguments in favor or ar against any proposition, the members so authorized should be inserted in Section 1. Elections Code Section 5014.5 auth~rizes the submittal of rebuttal arguments if the legislative body, not later than the - 4 - • ~ day on which it calls an election, adagts the provisions of Eiections Code Sectian 501.4.5. In cannection with the 1981 General Municipal Election, the City Council adopted Resalution Number 6180 (CCS} adopting the provisians of Electians Code Section 5Q14.5. The resolution provided in S~ction 2: "That the provisions of Section 1 shall apply at the next ensuing municipal election and at each municipal election thereafter, unless repealed by the legislative bady." Thus, unless the City Council repeals Resolution Nu~nber 6180 (CCS), the authors of the argument in favor of any proposition will be permitted ta prepare a rebuttal to the argument against such proposition and the authors of the argument against any propositian wiJ.l be permitted ta prepare a rebuttal to the argument in favor of such proposition. 3. Resvlution Requesting Cansolidation of Election. This Resolution requests the Board of Supervisors to consalidate the Regular Municipal Election with the statewide dizect primary election. 4. Resolution Requesting Election Services fram County. This Resolution authorizes the City Clerk ta request various election services from the County to assist in such tasks as distributing sample ballots. RE COMMEI+i DAT I ON It is respectfully recommended that the City Council take the fol.lowing actions: l. That the City Council adflpt the Resolution submitting to the voters various bal~.ot measures. - 5 - ~ 2. That the City Council. adopt the Resolution authorizing members of the City Council to subma.t arguments concerning the variaus prapositions. 3. That the City Council adopt the Resolution requesting consolidation of the election. 4. That the City Council adapt the Resolution requesting election services from the County. PREPARED BY: Rohert M. Myers, City Attorney - 6 - ~ p ~ ~ ~ CA:RMM:rmd1139/hpcal City Council Meeting 8-7-90 . Santa Monica, California RE50LUTION NUMBER 8Q72fCCS) (City Counci~ Series) A RESOLUTIQN OF THE CITY COUNCIL OF THE CITY QF SANTA MOHICA SUBMITTING TO THE VOTERS NINE BALLOT MEASURES AT THE REGULAR MCTNICIPAL ELECTION T~ BE HELD ON TUESDAY, NOVEMBER 6, 1990 WHEREAS, on J'uIy 10, 1990, the City Council adopted Resolutian Number 8056 {CCS) calling for and giving notice of a Regular Municipal Election on N~vember 6, 1990; and WHEREAS, two initiatives have q~alified for the ballot pursuant to Elections Code Section 4000 et seq.; and WHEREAS, two initiatives to amend the City Charter ha~e qualified for the ballot pursuant to Electians Code Sectian 4080 et $eq. and Government Code Section 34450 et seq.; and WHEREAS, the Ci.ty Council desires to submit to the voters, pursuant to Government Code Section 34459, five proposed amendments t~ the City Charter, NOW, THER£FORE, THE CITY C~UNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: -i- s . ~ . -Y y SECTION 1. At the Regular Municipal Electian called for Na~ember 6, 1990, the following proposition shall be submitted ta the qualified electors of the City of Santa Manica: YES PROPOSITION " ." Shall a Beach Overlay District in the area bounded by the Pacific Ocean an the west, by the City boundary on the north, by the centerline ot Ocean Avenue and Neilsan Way on the east, and by the City boundary NO on the south and prohibiting hote~~ motel and certain restaurant development in that District b~ established? The City Clerk shall cause tha text of the proposition, which is contained in Exhibit 1 attaehed hereto and incarporated by reference, to be inailed ~o all qua7,ified voters with the sannple ballot. In addition ta other notices and publications required by law, the City Clerk, not less than 40 days and not more than 60 days beforQ the Regu~ar Municipal Election, shall cause the text of the proposition ta be published once in the bfficial newspaper and in each edition thereof during the day of publication. - 2 - ' ' ~ ! ~ _ SECTION 2. At the Regular Municipal Election cailed for November 6, ~990, the following propositian shall be submitted to the qualified electors of the City of Santa Monica: PROPOSITION " ." Shall a three ~~~ year Citywide moratorium on hotel development, a Beach Overlay District in the area baunded by the Pacific Qcean on the west, by the City bo~ndary on the north, by the centerline of Ocean Avenue and Neilsan Way on the east, and by the City boundary on the sauth (with certain exceptions}, and NQ restricting fifty percent of the transient occugancy tax generated from hotels in the Beach Overlay District a~ at ~15 Pacific Coast Highway for clean-up of the Santa Monica Bay and for park impravements be established? The City Clerk shall cause the text of the praposition, which is contained in Exhibit 2 attached hereto and incorporated by reference, to be mailed to all qualified voters with the sample ballot. In addition to other nvtices and pub~ications required by law, the Ca.ty Clerk, not less than 40 days and not more than 60 days before the Regular Municipal Election, shall cause the text of the propositian to be published once in the official newspaper and in each edition there~f during the day of publication. - 3 - . ~ ~ SECTION 3. At the Regular Municipal Election called for November 6, 1990, the following proposition shall be submitted to the qualified electors of the City of Santa Monica: YES PROP05ITION " ." Shall the City Charter b~ amended to permit an increase in the ~naximum allowable rent upan a tenant's voluntary ~p vacancy of a rent controZled unit? The City Clerk sha11 cause the text at the proposition, which is cantained in Exhibit 3 attached hereta and incorporated by reference, to be mailed to all qualified voters with the sample ballot. In addition to other notices and publicati.ons rEquired by Iaw, the City Clerk, not less than 40 days and not more than 6Q days before the Regular Municipa~ Election, shall cause the text of the propasi~ion to be published once in the of~icial newspaper and in each edition thereof during the day of publication. - t! - F ~ ~ SECTION 4. At the Reguiar Municipal Election cal].ed for November 6~ 1990, the follawing propositian shall be submitted to the qualified electors of the City of Santa Monica: PRDPOSITI4N ".'~ Shall the City YES Charter be amended to provide for an elected City Attorney? NO The City Clerk shall cause the text of the proposition, which is contained in Exhibit 4 attached hereto and incorparated by reference, to be mailed to all qualified vaters with the sa~nple ballot. In addition to other notices and publications required by law, the City Clerk, nat less than 40 days and nat more than 60 days before the Regular Municipal Election, shall ca~se the text af the proposition to be published once in the official newspapex and in each wditian thereaf d~ring the day of publ~cation. - 5 - , . ~ ~ SECTION 5. At the Regular Municipal Election called for November 6, 1990, the fo~~owing proposition shall be submitted to the qualified electors of the City of Santa Manica: YES PROPOSITION " ." Shall C~ty Charter Sections 2001, 2002, 2404, and 2009 be amended and Section 20~8 be added to the City Charter ta provide greater tenant protect~ons in the Tenant Ownership Rights Charter Amendment Np (TORCA) conversaon process and to prahibit conversions not pracessed pursuant to the TORCA pravisians? The City Clerk shall cause the text of the proposition, which is contained in Exhibit 5 attached hereta and incorporated by reference, to be mailed to all qualified voters with the sample ballot. In addition to other notices and publications required by ~aw, the City Clerk, not less than 40 days and not mare than 60 days before the Regular Municipal Election, shall cause the text of the proposition to be published onGe in the official newspaper and in each edition thereof during the day ~f publication. - ~ - . « ~ ~ SECTIQN 6. At the Regular Municipal Election called for November 6, 1990, the following propositian shall be submitted to the qualified electors of the City of Santa Monica: PROPOSITION " ." Shal~ the City Charter be amEnded to permit certain specified rent increases upon a tenant's vo~un~ary ~acancy of low rent units, ta perinit certa~n spec~fied rent increases upon a tenant's voluntary vacancy upon co~pletion of speci€ied items of property maintenance and to enable the Rent Control Board to adopt certain regulations applicable to mobilehome parks? YES The City Clerk shall cause the ~ext of the prapasition, which is cantained in Exhibit 6 attached hereta and incorporated by reference~ ta be mailed to all qualif~ed voters with the sampie ballot. In addition to other notices and publications requi.red by ~aw, the City C~erk, not less than 40 days and not more than 60 days before the Regular Municipal Electian, sha~l cause the text of the proposition to be pub].ished once in the af~ici.ai newspaper and in each edition thereof during the day of publication. - 7 - ~ - ~ ~ SECTIaN 7. At the Regular Municipal Electian called far Navember 6, 1990, the following propositian sha~l be sub~itted to the qualified electors af the City of Santa Monica: PROP052TION " ." Shail SeCt~fln Y~S 530 be added to the City Charter to require that not less than 30~ af all multifamily-residential ha~sing newly constructed in the City on an annual basis would be N~ permanently affordable to low and maderate income households? The City Clerk shall cavse the text of the proposition, which is contained in Exhibit 7 attached hereto and incarparat~d by reference, to be mailed to all qualified voters with the sample ballot. In addition to other natices and publications required by law, the City Clerk, nat Iess than 40 days and not more than 60 days befare the Regular Municipal Electian, shall cause the text of the proposition tv be published once in the official newspaper and in each edition thereof d~ring the day of publication. - 8 - ~ ~ SECTION 8. At the Regular Municipal Election called for November 6, 1990, the following proposition shall be submitted to the qualified electors of the City of Santa Monica: PRaPOSITION "." Shall the City Y~s Charter be amended to exempt from the rent control ~.aw any property which is part of the State Park System or sovereign tidelands and ~~ owned by the State of Ca~ifornia on July I, I990? The City Clerk shall cause the text of the proposition, which is contained in Exhibit 8 attached hereto and incorporated by reference, to be mailed to all qualified vaters with the sample ballot. Tn additian to other notices and publicatians required by law, the City Clerk, not ~ess than 4o days and not more than 60 days before the Reguiar Municipal Election, shall cause the text of th~ proposition to be published once in the afficial newspaper and in each edition thereaf during the day of publication. - 9 - ~ ~ SECTION 9. At the Regular Municipal Election ealled far Navember 6, 1990, the follawing propositian sha11 be submitted to the qualified electors of the City af Santa Monica: YES PROPOSITION " ." Shall the ordinancel538~~~~~proving the Develapment Agreement between the City af Santa Monica and Pacific Beach Development Limited Partnership for development of a ~~ hotel and public camrnunity center at 415 Pacific Coast Highway be repealed by ths people of the City of Santa Monica? SECTION 10. The provisions of Resolutian Number 8056 (CCS) are referred to for mare par~iculars concerning th~ Regular Municipal Electian to be held on November 6, 199D. SECTION 11. The City Clerk shall certify to the adoption af this Resolution, and thenceforth and thereafter the same shall be 5:n full force and effect. APPROVED AS TD FORM: ~~ t U+~ • ROBERT M. MYERS City Attorney - 10 - ~ ~ EKHIBIT 1 T#w ~,~a d ttw Cry cf Sa~ta ~ da ~wn ~s bbws: SECIIDN I PItRP~DSE TM purpo~e of thrs i~unaova ardnenae i ~o add e ndw ovaAay astr~ct ro the C~w a; rna ~~1on~ca's Zon~ng Datncrs This w0atrva ordussnce i; neoess~y to pro~ct ~he publ~c haalth. safery and welfare u# preseni arid tuture res~dents of the Ciry of Sar~ta 1Nanica (1he 'Cityj by avcKs~np the delstanaus eftects of ~,-~.:~~Wkd Qrwrti~ m the Beach Overtay D~strsct arsd presernnp ihe urnque snd dr+r~rse chvacter of the Sents Motti~ca ooeanlront Th~s purposa ~s ~ch-wsd ~ hm~onq t~a proposod prol-lers~on oF excass+vs ~-olef, re~otel and Iarge rastaurant development wnhm the Basch Ove~iay Oistnct ~!~ devsloprrtant pnore~ !he nead b prsserve 5anta Mon~ca's preatest phys~cal asset - ~ts aoqantrant semn~, vww, and aeoat~ ta caastai recaurce~-and to rrsa~ntain rts besch and viceanfront parks as open recreanonal ~lC! 1Dd p9l81f1 llld 1ltilJf'~ ~lr~-~(iOf1~ SECT3QN 11 FlNbINCsS Tlw people of ths CEty find fhat t The propoced nsw Beaeh ~verlay D~ttrwt i~ oonsistent M pnnaple wdh the Qoals, ob~ecaves. polic~es. land u=ea and prvgr~ns sp~aifi~d ~n !h~ Cny's C,orwr~{ Pl~n 2 Tho puEiie hralth, ssl~r and ~n~rsl wNfan r~quir~ !ha adoption of thls naw ov~rlsy dtstri~t ior d~a laliannp roaso++~ a Th~ c~rcul~tlors sys~m on the Paalle Coasi Hiphway and retatsd artanals and 1wd~r s~ts i~ curnntly opfntirg at ar ~ear capac+ry, causirq tha uen~portauon systKn to ba ~urttwr wfe nor aHw~ant h Unbe~ed prc~wth in IM Ciry and nw9hborinQ ocmmun~e: ha~ rssuhed in conrammstbn at our beaches ~nd of Santa AAon~ca 8sy. Tha Bay hat #~ean cub~ected to iraquant aantamu~adon by raw sawspe These ~r-adentt threaten not ony tl~e pu65c 1-~hh and safary of di aetsni but also tho b~~[y and ihi ~carqm~c ~nd reaeationrl ~rafue ot oir saashor~s ~ Tha ncroatanal ehuscts- of our oaantront u b~inQ ~rodad by 1ha negaove ~mpacu of aaoai~ratad Qrowth, artiong ~em profiferation af hotal=, moiels and larQe rostautar~ls, ~nd inappropnat~ fand uses cauang bss ol open spaoe. xnpa~red wew corridors worsannp traF49e oondit~on~, tnd depradaUOn W our snnronment To preserve the cur~ens mix ot land ~saes and !he-aby preservs ths urnqu~ dtiarsCter of the 5snte Mpn~ oceant~ont, n ~i nacessary oo prohabit lur~ar proliferSt~on of hctals, erwteft and tarye rastaurant devebp~-ont d Ma~cr development pro~ects thre~ten ea overburdars fhe ex~sUnp mfrast~uctun with~n tl~e Gty m wd~ a dspre~ ttut Ihe I~erfth, safety and panar~! wa1lare af Santa Mornca resi0enss ~re threatened e The spolavar t(~ect of additional traffic wlumai resuldnp hom contnumg exoesswe development u~ the Besch Areriay astrtct w~H inerease fhe hequerwy and In~sns~ry d unaoceptable kvels oi sef-nce, not only cr~ roadways +vdhm the Besch Orerlay Distria but also n~djaoent ma~or commaraa ~reut and establ~shed res~dantial ereas of IF~ Giry SECTION 111 BEACFi OVERLAY DISTR~CT Tha Beach Overlay Diatnci ~FreM ~ndude all af the foliavnnp descnbed area af ths City ct Santa Monica Begmmng st tl~e u+ta~ecdan of Ihe nartham Gty boundery kne ~nd the Padfie Ooaan, lhenoo northeasterly 41or~ the north Ciry boundary 6ne to ehe in~ersecGon af the onnter Hne af C]oeen Averwe end `axi narth Gity bou~dar~ Gne. ~honce snutheastrriy aion. cha asnter~nf afi Q~ean l+vs...e b Na~':on 14ey, ~-ancd xnt~nu~nQ se~rthsG~~srly sion~ ths cents~i~ia ot Nailsar. Way to tha sout~+wr r,.ost C~ry bpundary ine thence southwasler4Y abnp the aou~em Gly 7oun~ry lin~ tp fhe Paaf~c Qpean, th9rtGe nanhweslerly ~ionp tha Paafic Ooesn t~ the painl of ~~nnmp The lollow~np area~ are axduded hom the 8each Qvarley Dr~tr~ct a The Senta Mornca P~er p~SNorm ~nd up ~ a maxWnu~n of t 40,CA0 square leat ot new developmenl zo be erec~ed an the platlorm #tler the efiecbve dsle of lhii inibative ordu~Rnoe b That portion of the Res~dentid-YE~rtor Commwdal Duutict deia+bed aa bllows that portion of ths Beach Overtay Distr~ct seaward o1 she oentert~ne of Oaean A+eenue and ly~np belween sh9 Santa Man~ca D~er on tf+e nortfi and Seas~de Tprrace an tha south. and tha Promenacie on the was~, The abovo descnbed Beach Owrtay b~sorict x-Gudos ~I1 tnit ot ri~ Crry ot Ssnti iMOrnca as dal~ ~n 1lus saction srcept lhos~ ~:empt+ons Nslad ~bow SECTION tY 8EJ9CHAP7ER 4Y SubduPtar 4V ~t hereby bded b Ch~ppx 1(Com~rehens~w Lerd Uie and Zcnin~ Ord+nanoaj, Art~rls Q, [Plennr-Q and Zorrr~] d IFw 5snta Morra Munap~t ~`"•!d, to raad as lo6ow= Subd~apter 4v ~e~d, ~~~ Dislnrf Socban 90351 Purmsa The purposs of tfrs Enioa6vf ordnsnae rs kt add ~ new or~ay drstnct ~~re Cny af Sanra Moni~~ 2a~ur~ Dis~-cls. Th~s ~rWtiseve orduiance u nacatcary 1a protect tha pubhc t-ealth, ~1ety and weNare af gresent and tuture recidents oi tt~a C,ry ot Santa Man~ct ~tl-e'Cib'] by avo~p the deiateno~t effeds af uncontrollsd 9rawth in the Bea~ Ovaiiay D~stric! and presar~nn~ the unptw and d~wrr,s c3~aracter of the San~ Monyca ooaanfrorst Th~a purposo is aehieyad byr limidn~ tha proposed proYFeration ot eaeesanre hote~, ma[el ar~d Is~pe restaurant devebpmant wn~hin thQ Eeach Osreriay D~~tnet Such dave~opment iqnore= ~e need b pr~serve Santa Monica's ~rastest physicsl asset • its aceantront e~tpnp. vww. and aa~t: b eossW resouroa: • snd ta rs+amtain ns 6each and ocean(rant parks as open recnasnonal •na br prosant and tu-ix+~ qener:tions Saction 9035 2. ~~@,~ Sub~ect tio the prowsior~s of Sect~on 9035 5!he loflcw+ng uaes shatl be permtttad ~n tFw 80~- Overiar G~striot [aj Ail uaes hs1~ ss psrm~t~ed uses vnt~un 1he dietr~el in wiwd~+ the paroet ~s ~ocsted. (bj ppen sPaoe. µ+b~rc beacFr~a, parlq. incrdonta! park s~duros, pardent. A~sYground~. recreational bud~nyt, ~cnahon~i ar~as ~c~ Pu~lit pari~kq Seedon 9435 3 llses ~~g ~Q Pertarm~ ~ Q~~pjl. S~bleet to the prorisions of Section 9035 5, U~e (o~owr+p usas mty 6e petmrc~ in the Beach ~+rerlay Distr~ct sub~ect 1o tha approval o! a Perlamanae Standards Pertn~t [aJ Adl nses ic#ad ar wb~ac~ fo parformanaa standsrds pertn~tt in !he distnct m whicFs the paroal is iocaoad. S~ecson 90Ci5 4 S,endihonaRv ~ ug$,y Sub~ct b d~e prowspns of Sacban 9035 5. Ihe tollowinq uses ns~y be p~m~led n tha Bead~ Overiay D~strxt subjerA to the apprav~l M a C,ondinor+al Us~ Pertnit [:~ /~! uses fiated es cond~hanalEy perrrutted uses in tM distnct m wh~ch tl~e paroe! ~ located Secbon 9035 5. Prohibned ~ ~e) Hotels, matafs _ (bl Restavrartta an~~ar lood servroe faa&pes of mora than 200G square fset and+cr axceed~nn cns story in heght [cj My usa not apeafically 1~stad ~n 5ecoan 9035 2 Sedqn g035 6 Raereeeane! use My bu~ld~n~ or ar~ea rvid'un the 8each OverlaY D~s~Ct wm,nlly in usa es s reoreatwn~l 5cr~durp or recr~ee0onsl area shall rwt be rernoved or demol+ahed ezcept Ea replaoe sard buiidutip a araa with open spaae a substantial~y s+m~lar rocroa~onai use or uses S~CTION V DEFIHITIO#1S ~ - -- -- -~ - - 3ubchaptw t, S~c6ort q000 3 CF~pter 1~Camprehen;~ve Land U:e and ZoM~Ord~nanoe~, /-rpda g, ~Pl~n~wr~p and Zor~irq~ d th~ Sant~ Mor~~ca Muniap~E Cade, is hereb~r amsnded so add a defincbon for rea~sah~nad bu~nq at folFaws. Reere~nan.l ~ui~d~ne InddenW parlc structurrs sueh s~ ~strooms and rnaint~nanof hc~~kti~=. aommunl~y rooms, lock~r rooma and shower~ aerwar+p persons u:mQ !hs ~~ch~s or oo~an. P~Y~~9 ~+~~ P~YOroundi, pienle anas. FubGc swimminp ~i SECT10id VI lt~1CORPORATION iNTO I.AND USE PLAN Th-s inrtlserw o+dr~anos Rha11 oe nduded as ~ part of *ny land use plan snd IoeaE ooest~i pro~ram ~dop~ed by !h~ Gty of Senta AAonca and shall ba subnutasd b th~ Coasral Commis~on lar its approvai ~ndor aartficaoon to the extant required by law 3ECTiON VI1 ENFQRCEIiIENT As provded by ax~:hnp I~w, a Nola6on oF ~ny provu~on of $~b~h~p4er 4V ~~ a m~demeanor in add~t~on, any axpayor or ~Ioclor of !FM C+t~l rtu~r ~nbrae sny prows~on of Subchapar 1V by rn ~c0an ~t I~w or puriy ttw preva~np pla~nptl sh~ll bn awarded ~tton~l't IMa r~d oosu in ~caord~noa w~ IM ~~ of Gv! Proo~dun 5ECTIOh VIII VEST~D RIGHTS My approvale pransed pnor to the eftectrvs date hereof for devebpments which rs not m campf+anae +~nth this m~bat~w ardnahoa, and whKF- ha+w no conimon Iaw or alatutory vasted r~phts obtaMed throuflh Ihe exercisa ot pood fa+th rel~ance on lawEWy it~uad permits snd s~bst~n0a! eonstruc4on purtuar~t lhere~f tha31 ba ru~q and vad SEGTfON IX EFFECnVE DATE The aRactve daw of th~s fni~a0va ordinsnoe shaN ba th~t mandatsd by ehe smta ElecCOrss Code S~C?'IDN X ~EODtFICATlON Thii ordus~nca swy only be ~m~nded or rapealed by ~ ~ntert al the Ciry o! Santa Monica SEC71aN XE SEVERABIUTY !t any prov~cion or dauce oi th~~ ord~nanoe or !he spphcadon therQOl to any person or c~rtumstance is Aeld to be unaonct~tutiona! or otherw~sa inva~~d by any caun ol wmpgt~nt ~unsd+c~on, tud'i ~nvelkddy ehafl nDt af(ect other ordinance prows~ons th~nof whuch asn b~ ~mplam~r+l~d w~lhout th~ ksval~d provlsron~, dw~e or applicsnon, and ta tlvs ~nd th~ provwwns ~nd d~usos ot stus ordnanae ar~ dsctv~d io b~ s~wrabi~ s • ExxzsTT 2 ;he people o1lt~s Ciry aT S~nta ~ do o'dain ss foElows: ~ A~r~c~E ~ vuR~ose Th~ p~ppl~ ol tRS C ty of Sania Mcrnos enact th~s Inidatrve OrCinance 1o accornpl~sh iha follow~ng purposss I~ Tn;mpos~ ~ VuM yeu atyw~de mwator+um ~n tF+~ Gry of Santa Momc~ ('Gty') p-ofi~b~t~ng new hol~ls u~ moteks u+d tt-~ ~x~ar+s~or~ o! ~sisSU-p hoNis ~nd mobla - - ~~ ~_..__. - B Tp psate a ruw b~ach ovutay =onmg d~strtet impos~nq stnctir dev~bpm~M stanCarCS ~n ih~ Gry's oo~u~front wa snd prohibitinp ~11 nonpark{elat~d dfwJopm~nt In Palis~dts park, C To cl~an up and nsion Stnta MoniCa 6ay by alloe~br-p on~-lourth (1 /4] o! futun hotel oceupaney tuc rwenw~ from hota~s loeatsd m tha nsw ~each awrlsy tonmp d~str~Gl to the Santa~ Man~ca Bay Restorat~on Pro~act or s+mdar programs io nm~dy tti~ ~nv~ronm~ntai huards sft~ct~np 5xntt Mornr,a $ty and i1e frsp~M ~oobpy, D Ta say~ and proirtt P~lisadss Park by curtnp ita ~no~s Qsolop~c in~sabdity; to acqune addrLOnal pubkic park land, to fund capit~l rcnprov~m~nti to ~xistiny p~rk facilitisa, and tc aupmeni ma~nt~nar+ee and s~currty a! ~xistinp Gty patka, hy al4xatinq an sddit~on~l anafourth (t/4) af tutun hotal occupancy tax rwr~u~s irom hot~is bc~ted in the naw beuh owriay zonina dictr~ct to a r-~w Stn1s lulonla Puks ~nd Fbaest~on Fund AfaTICLE It FINDING$ Th~ P~opN of the City ot S~nta Nbnica flncf and dsdar~ that ll Bscaus~ of tha potsn4al advers~ ~ff~eta of new hotN and rs~olsl }ec~liti~s or~ fh~ ~rmronmsnt (ndud~n~ Santa Moniu Bay and !hr Gry't bssctNS snd ~sahon), on traffic, on tha qu~iity of li~a of preaant and futun r~s~d~nla of t~ City, ~nd an ~er-~ral publ~e h~~th, s~hry ar~d weHar~, no n~w hotel or matN rooms =hould ~ al{ow~d in the City dur{n~ U~a nfut thrN y~eara so thzt a study of tfi~ advisabilAy of allo~wtrq dew~apm~nt of n~w hote~ or motel room: ean b~ oompl~t~d 8 Th~ Crty's Land lFs~ E4~m~nt, adopt~d by the Cfty Couna! oT SaMa Moniea an Octob~r 23, 1984, fstabl7shsd iand us~ poals to ansun t~e pr*serv~t~on oi th~ qu~l~ty of lif~ of nsidsntt of tha Gty Mcludad in tt~~ L~nd iJs~ ~Isment is Pchcy 1 S 9 rsquufnp t1-~ Planninp D~partrt»nt to praparf t report !or ths Pl~nnlnp Commissian and City Counu! ooncem~nq hot~l dev~lopmen4 in the Gty aft~r 75Q n~w hatsl room~ wan add~d to tha Gty'a hoe.t Fr„~.rnory ~ Mor~ thars 75d new hotel and motal raoms haw been canstrucSed or hsw r~c~iwQ plannin4 approvai sinc~ October 23, 1984 Fbw~v~r, desprts Lend Usf El~msnt Pol~cy 1 5 9, the Gty has not yel siud~ed the nsed tor or w,adom oi new hoie~s and motala m th~ Gty D A~tudy is necessary irt otdar to analyze th~ effetts o! allow~nq new hotel and motel rooms In the Gty, incEudm~ the effects af sucts G~wlopm~nl on th~ •nwronm~nt, on traHia, on th~ quuity of I~ts, and on p~n~ral publ~c hfalth, safery and w~ffan This study shoukd b~ opmpleted dunnp tha tNr~~ yrar morat~rfum d~~cnb~d in ~r~Qriph A abow E in add~t~on ta iht thnal of •xc~ssrv~ hoiel end molal deuelopment a!y-w~de, the City's oaan}ront ~r~A is threatsn~d by ovfrtl~v~loprt~nt The ooeantront u~a is a un~qw ~nd ap~eia! asset oi tha Gry b~uuss o( rts prox~mity to th~ fn~nronmentally stnuUw SEnta Mornca Bay ~nd to th~ Gry'a rs+ntal~zin~ downtowm u~a B~causs dwelapmant controle sp+c~al[y tador~d to ti~ uniqw chu~euntb[~ flf th~ oesanlront usa u~ n~c~ssery ~nd ~pproprEat~ to protect the valuabie resourae o1 th~ ouantront area oi th~ Caty, tlu aeatlpfl p} / MW =pflkll~ distrret calisd thf B~ach Ov~rlay Distnc3 rs n~qasary and dasErable F Santa Moniu &iy is a ma~or reer~ationa! nsaurq for th~ Gry ths qualrty oi the 8ay s seology haa been sswr~fy compromu~d Salutions ar~ oompl~x snd oosUy Th4 S3f1td IWO~~Ca $LY R4StOa8dOR PfOjOCt, • jomt fadersf/state proflram eraatstf und~r th~ ws~ce~ o! !h~ ~labanal Estuary Propram o( th~ Fed~nl F.nvnronm~nt Prot~ction Apency, has been aatsbl~shsd to de,nse proQrams 1or al~arnnQ up th~ 6ay snd !ar improvinp ths watir qu~lity ~nd ~COloqy oi the B~y fundmp oT the Sant~ 1~AonEca Bay Restoratipn Pro~sct, u vwlf ss otA~t &iy r~ttoration pro~ects d~s~pn~d bo a~rw the ssms Qoaia, will aooompliah ths tollownn~ {~ ~ scasnt~i~c asa~asmsM oT ~d report on th~ hum~n haalth nsks ~ssocut~d wdh uss o1 ths Bay, {2~ marntorinp oi Iswls oi tox~c substances in Tish and mannM lif~, and (3y assrasm~nt and ci~anup ai wuro~a of po[lution sueh sa surfaa runotf throuph the tlood corttroi storm draint (neEudln~ th~ Roo- K~nt~r siorm drain) ar~d paint-wura polfubon frorr~ sewepe and lndustrial outfatis G Pallsad~~ Park i~ th~ pown ]w~l of Sarst~ Mortica Fi~s~denls and v~sitors alik~ ~n~oy tF+s spsraa! arribiane~, op~n spa~o~. viaw ~nd J~ndsupa of thls h~stortoal tr~ssun, whlch oould n~wr W r~placed or nplieaHd if iny poRion of the Park rwrr inapproprlatsiy dwtlop~d a lest du~ to land~lld~= or q~oloplcal instabllHy Fi P~lisada~ Park ts suH~nnp from years .if na~lsct, substaritEsi ~ros~ort, and danp~rous Qsoloqical instabiliry Th~ n~~d~d Improwrnsnts ta PaE~sad~~ Puk, u dacum~nteci in ~ rac~ndy compiatsd ttudy by ths Gty, indud~ imporiarrt flsolo~~cal shoranq wark ~nd tt~~ irtstallaUOn of art ~xtmsrv~ n~w itriQabon syst~m, Th~ dtyr'~ pr~liminary estimat~ oi th~ pra~~ct cos3 for ±%ri±!~nplithin4 ihes~ and oth~r irHprov~rrwnt~ to Palisrde~ Park *xc~~dt 515,600.DOD ! Grt~ln puhiia land~ in ih~ oo~anfront u~a, includin9 SaMa A+bnica Pur and 415 Pacific Casal H~hway, hAv~ ~~fl ~kftTlPt~d ~fOffllhEs irnt~atrw Ord~n~nce for reaaons oi importsr-! public poliey J Santa Moniu P~~r is ~ uniqu~ publ~c rssouru whith tfi~ Gty is curr~ntly in !h~ proetta cf reatorinQ Th~ C~ty naads io epsnd sdditarsat funds rw~tah=~nfl th~ P,~r to pres~rw Its uniquw recr~at,on~E cAaraa~r whd~ p~rmrtt~np E~mitsd commsrcaai us~s to ~nsur~ tfi~ Prer's ~oonom~c v~ab~f~ty R~storat~on oi th~ P~~r Is n~uary to enhann th~ quaiity o1 11b In the Gry ~nd should not bs nstricud by th~ dwNoprr+~nt Hmitatipns app~~cable ta osh~r ocssnfront prap~r4~s K. 61rnWVfY• 415 P#dfle Gwsl ~~h know~ ~s 1MN S~nd ~d S~a r~r4y). beiChlr land Own~d b~111+~ ~iN Of GN1#orrya. it anotl+~r uniqw public nsourc~ which tM~in th~ prooess el mntal~z~n~ ~T5 Pacifie ~phway is axrtntly v~rd rs a'rrv~t~ m~mbir~Fup D~ad- dub oontrary b Sttl~ law Aft1r ~:t~ntrr~ publ~C pr~:~mpt, l proposal for 4W10prn~nl of ~ publiC oors~mu~ity b~ach pnttr anQ hotal on th,s s1~~ was tentatiwly wl~ei~d byr th~ Gy, sublect tc lh~ Gry'a normal plann~np and environm~ntal re+nrw proo~dun~ ~ha propvs~d d~w~opm~nt ~Ilt Q~nerst~ su6stant+al I~~s~ r~wnws ~st~mat~d to ~xos~d ; 7 3 maliwn dollus p~r yiu, for improv~d 1aa~~tiea Ma+«ry, and cl~anlln~s~ o~ tn~ Gty s~achn In addEtfan, anat~+~r ~snmatsd f2 ~d~ron d~uare ~n hoesl ~~pancy ~Ws ~nd butln~u k~asns~ wcn hore~ !M proppMd dewbprrNnt rdl ~acru~ ta th~ Gty's Ca~neral FunC annuaily -- L At Nast 5Q7i of !tu G~neral Fund rawnu~i 4rorts th~ hotel occupsncy taxas ~enanted by 1-N ~x~st~np and lvtur~ hotsh located ~n ths new b~ach owrEay distrwt ~nd th~ 4S5 Pacific Caast F69hway devslopment should be dsdFcatsd to fund tha Santa Mon~cs Bey Fieatoration Pro»ct and simiiar pro~~ces, to s~w Palisades Puk, to acquin new ~ark Eand, !o tund r~pitsl {mprowmentt to ~xisun~ park faa6tEet, ~nd 6o suprt»-rt mamt~nanc~ ~nd secunry at aYk=~np C~ty parlcs ,~HTICLE Ili HQTE~ AND MQTEL MOAATO#tIUIIA Sect~pn A Moratori~m For ~ p~riod of fhree ysars commanc~np w~th the eHscnva data of this M~Latrve Ord~nanca, th~ Gty shalf nat sx~pt, proass or approve ~ny ~ppE~tion for th~ dewbpm~nt or ccnsiruct~on af any r~ew hotel or motel, or ior 1hs eOrtvetslon o! any ~xisUnq buildmq, a a pareon sh~nof mto a hotel or motfl, or for th~ fxp~nsibn of t~a number oS ~u~st raoms sxut~np in ar~y hotsl or mot~E ~n th~ C'ily, unbss such a pro~sct hs~ s v~stad r14M to proo~ad aa providtd hrnin S~ctlon 8 5tudv purinp th1~ thtM y~u p~rlod, th~ Ciy shsll prep~n a study which shall ~ncEuds an ex~mmatfon of wheth~r add~bonaf Aotei or mot~f room~ ahould br p~rrt~d in any ana ot ih~ Cety, u~d tf to, eh~ locsUOn and sp~crtic r~quEraments for add~tionu haS~i and mot*I raomt shall br Etlfntifi~d TAis ~tudy sh~f r~amm~nd appropriat~ hot*! or mot~1 ~un~r+itf~~ and mrGpst+on m~a~ur~s thsl ahould b~ nqufnd if sdd7aonal hoal ar mot~ rooma us so b. p.mtitt~d wi~hln th~ Gty Th~ qv~rall poal nf this study shall b~ to ~nwn thst futur~ hotN or rrwt~l dw~lopm~nt, or ~xpandan of ~xlstlnp hot~ls or mat~ls. H sny, shall proe~sd in ~ mv-n*r wh~ch prat~cta th~ anvlrpnm~n! ~nd th~ q~nr-al publ~e h~~lth, ufety, vwRan tnd quality oi tif~ a! pr~s~nt snd hrtun nsid~nts af the Gty S~cticn C Veatad F~ahts A proJ~c1 sh~ll haw s wst~d rFpht to proa~d wfthout oomply,n~ w~tlti ths pro~ns~oni of ihis ArHci~ tll if ~Ith~r {a~ 14ppl~uaors~ tos ~pprovs! o! p~rrr~its its+fohrirw proposed d~v~lopmen#s Sar whsch devslopmant a~rsasrent appk~cations hsw b~sn f l~d on Or b~(on AAay 13, 19Bg and propo~d dewlopm~nts for whioh dewlopment rwrew appl~cat~ons hav~ b~ert filed u}d ds~m~d aomplet~ on or bsfore May 15, 1989, or (b) 5ubstaneal wqrlc has ~ssn parfortned or wbstarstial habdit~es h~w bssn incurred m relatEOn ta the proJeei m good l~~th reiianca upon a bu~ld~nq pirmd ~ssu~d by the Gty prio- to th~ e1(ectn,~ date oT this inrt~atrvs Ord~nance Rra~~cts wh~ch qaalify for a vsst~d riprit purwant to th~s Sect~on G shall rsma,n sub~act to the Gty'a normal planninQ and ~nwronm~rnal tmsvr prooedur~s Th~ Gty't d~sc:r~LO~ to approw, oonditrortaEly ipp-ova, or deny pro~act~ wh~ch quslify ior a vest~d r~Qhi pursusnt 1a tl~ua Sscdon C shali be untft~ctsd by this Initiat~w Ordinance 11€ITICI.E IV BEACH QVERLAY DlSfiilCT Subchapter 4V ia hsnby added to Chaptfr 1 Of Art~cff 15( ot th~ Santa Mon~u Municrpsl Code, commonly known as ths CHyr oi 5anta iNan~:a Zon~np Ordmano~ Subc~apnr aV sha~l ~rovide ~s ta~iow~ S~enon 9a35 i ~oynd~r4~a OI Th~ 6eaeh QvsrEsv DiBInCt Th~ Olf~cial Drstnctmp Map af ths Gty of Sant~ Mor-ica shall b~ unanded bo •dd ~ 6aach Owday D~strkl. Th~ boundari~a of th~ Beach Ov~rlay Q~str,c[ ars as 1olEowa (a) T'h~ north~m boundary fa eh~ north~rn boundary kine o! th~ Gty af Sant~ Nbn~ce (b} Th~ ipulhfrn bOUndRry i~ th~ sDUth~rn hOUndary Iln~ ot thi Gty oi Stnu AAOnica ~c} Ths wastsm baundary is tha PauSc Ocein (d} Th~ ~asl~rn bounduy is th~ c~ntsr I~n~ of paan Avenue trom the nvrthern boundsry Im~ af the G!y of Sartta I~Aonica 4o Roa Boufsvud nnd th~ eentsr lina ol Pf~ilsan WRy 1rom ~ca Bau~avard to the souihern boundary [~ne ~f th~ Gty of Sant~ Monkx. Tha lotilow'sn~ an» ar~ ~xdudsd from th~ 9~ach Urrrlay bksts+ct (i~ T?1f ,~lflti AAOf11C~ ~f (b? Thtt portron of th~ RVC Distritt s~awud af th~ arstsr Im~ of Ocssn Avmw and s~tu~t~d batvreen the Sants A+ton~ea Pi~r on th~ ~th, S~s~id~ 7~rrao~ on tha south, ~nd th~ Prom~nad~ on the wan, wh~ch n tha inter-de~ site for ~ Sar+ta Monlu Pi~r parkknp s.a~~~y (e) ~15 P~ifle Caaat Niphwty Ssctron 9033 2 Purooae. Th~ Bsuh Owrlay Destrict ia lnt~nd~d to pratect ih~ Gty's oe~anfront ar~~ frars~ ~xcruiva and intppropriat~ tl~velopm~M, indudinq ~xwsaiw dw~loprt~rrt Dt hot+ls Or mvtels, Yo prat~ct P~iisadet Parlc from erty ~svelopm~M oth~r than th~ dw~bpnwr~t ;~ ~ark-r~tat~d lac~lrti~~, and ta prohibl! a!! nonpuk~ltttd uus ~nd faGlkia~ wdhln P~HUd~s Puk ~Cti011 OR~iR 3 PlrtTlltlld ~f!} T#ff fOflOVViTl~ Yttf M~11 b~ p~rMittld il! ih~ BltCh OYl~ty dltfiCt' (a) E~cospt ~s s~i iorth In thls S+c#Ioe: DOGi5.3 or in 5~ctioe~s 9if~6 i. 003~.5 a 9d35 B, aq uaas permttt~d in th~ und~rlylnq zOninp Q~strl~t ln wh~oh 1hs pvr~ is focat~. (h} ppers spaes, puplic ~arkt u~d ~I~y~rounds, publ~c ia~~chet, and strucfures and tseilrties inc.vdenUl ta op~n tpac~, publia parks and piaypround~, and public baach~i. ~e) Restaurants In eh~ RVC datrtct oontalninp 50 ar hss s~ats and ~1 whlch no alcohal Es oonaumsd or s~rwC {d} PubliC b~aCh r~lat~d tood Conc~ssion~ S~etion ~1~ 4 Uset Subject tq PsAormsnce ,Standardt Permit Th~ Ta1low~nQ us~s may b~ p~im~ttod iA th~ BeaCh Owrtiy C~stnCi sub~ct Lp tM ~proval oT ~ P~r[ormanc~ Standards P~rm1t ~a~ Exc~pt a= srt }orth in 5~ction~ g435 3{b}-fd?. Q035 5(by-(e), or 9035 6(G}~(e~, all ua~a p~rmittsd aubf+ei to th• approval 01 a P*Aormancf St~s~darda P~rmk in ihs und~~yS~:oe+snp d~str;ct ~st whkh ths p1s~s11s kaeatsd ~ ! ~ S~ctqn Q035 S Condn~onallv P'~imEtted Uaea Thf tollounng uses shalE b~ psrm~tt~d m ih~ Beach Owrlay p;s~,~, ~ct b 1M spprovaE ~t a Ca~didona~ lM~ P~rmit {a) E~oapt as srt farth in thn S~ct~on 9035 5 ar in Seenon~ D035 3Ib1-Id} or 9035 6(b)-(s). all uaas wb~sct to th~ a,pproval of a Cartd+troriaE Usa Parmrf ~r+ !#- unds~fy~nQ sOrtrn~ d~atrrct in svh~ch tt~ parc~! ss /xatad (b? Publ~c parkmg (c~ Rsauurants m the RVC O~auiet conta~nirtg mora than 50 ssats or at wh~ch aleohol ~i oonsumed or s~rwd 5ect~on 9035 6 Proh~bited ~Jses Tha }ollowmq usea are proh~bitad ~n th~ Beach Overlsy astnct (a) Exoapt s~ s~t lorth in th~: Ssciicn 9035 6 or m 5ections 9035 3(b--(dy or 9035 S(b)-ic}, alE usss proh~bdsd In 1h~ und~r~Jnnp zoninp district in rvhial- th~ parosl it iocatid. ro} Restaur~nta, ~xospt as spscihcalky perrr~itted m ths RVC astriet m S~e4ons 9035 3(c) and 90Ct5 3(c} Mnin (c) Hotsls and motsEa, ~xc~pt in th~ R1/C astrict wli~re ~uch us~s u~ wbjsct to th~ thro~ yeu moratorium iat fonh ~n /Wd~ fll ot the ln~strvs Ordu~na~ by which this sfcdon was adopted ~d) My conwrs~on of a buiklir~, or portion th~nof, to a hot~l ar rtwt~l, nfludl~s~ 01 tl+~ oripir~~tl purpoa~ of tha buildinp~ Its prior us~, or its phyalcal aoM"ipura4on For pvrposes oi thia subsaction (d). ury ~Yistln~ bufldinp or porlfon fh~no! shalt noe b~ oonpd~r~ t hot~l or mot~l N on I~Aay 75, ~989 it wu providir-p owrn~pht gu~tt Iodp9n4 fadliU~s lar whlGh ooCVp~ttCy was oondWpn~d upon mroilmmt in u+ ~nttrc~cfiond oours~ tau9M, irt vrhol~ ar in p*rt. on 1h~ pnm~aes ar wu providfnp owm~~ht ~~st lodpinp faeilrti~s ior . which ooeuptncy wu limtt~d tc peraons who had oomptated a s~cific cours~ of inmuc!!on snd not to tl-~ public m p~r+~ral h1 11{! us~~ irt Psl~sad~s Parir ~xc~pt ts t~t iortl~ in S~ctian ~035 ~ 5~ction 903.5 7 Soecific Plan. Durin~ th~ thr~ y~ar hoi~ and rnot~i moratorium •stablisl~sd ~y ARie4f IIE of tFt~ Initiatiw ~'~dinanp by wh~ch thES s~ctfon was adopt~q, th~ Gty ~h~11 pr~pu~ and complats ~ Sp~ific Ptan for thai port~on o~ tha RVC iiistrict wRhln the B~ach OwAay ~Gstrict (or ~Itfmatiwly ~ larper uea ~noompassinfl th• F~VC Distr~ct witfi~in th~ ~acM Owrl~y Dlstrict) Tha Sp~dfic Plsn shalE lndud~ u+ ~:amination af wh~ttur addltlonal hat~i or mot~i roomt ahould b~ psrmntsd In !h~ FlVC D~~irict wtth~n th~ 8~~ch Dw~lay DlatNet, ~utd if so, tl+r ~+~^_1ort and specefle ~~quinrr~rtly Ior sddtt~ort~! 1-at~l ar nrotN rocros shalf b~ idantif'rid Th~ 5pecrfic P~en thsfl onfy p~rrtrn ~dd'rt~oru~ Aotrt or mptel roprru if weh dw~lopmsnt i~ d~t~rminfd to haw no s~fln~i~uM adwraa ~Kfets an th~ ~nvlronrnant, on traffic ~e+d drCUlition, an th~ qwhly of Nf~ for Santa Mon~ca res~d~nts, and on pub4ie h~tlth, saf~ty ~nd wflfue Sael,on 90,35 8 Pal~sadaa Park. Pa]iud~s Park ('Park') shalt rama~n irt publ~e ownership axommodat~np only puk ueas ~nd faakrtr~s. Only thosa :,sas and feci~~ties rnay b~ allowed in th~ Puk that u~ nscessary ior th~ mt~ntenana of ths Puk or a» n~ssary and ~ppropnat~ !w !h~ us~ and ~n~oym~nt o4 th~ Park by th~ Qanfr~! pubiic Such us~s ar-d 1ac~ik~~e indude, without 1€rrsrtaUOn, public r~stroams, any pr`.::~. ~nlormaGOn faafity pro~ndir-4 iMormatlon io th~ ~an~ral pubGc repardm~ thr Park or ths Gty o1 Santa Moniu, ail picnic and shatl~ u~aa, rK pubt~e v~~rnnQ d~cks, and any us~ or facHily {Indudmp th~ rspair, reconsuuCtEon, or r~locat~on thsr~of~ ~Y~stinp in Uu Puk on Msy t5. 1g8~ My p~rM{Nated d~wtopm*nt af eh~ Puk shall b~ oonsistsnt with th~ Parlc's h~stor~ui eharactsr All nonpark-relat~d ~iopm~nt, wh~thar prnse~ qr pubi~c, shalf b~ prohib~t~d wtMm th• Park Such proh~brted develapment ~nGudes, +~nthaut I~m~tat~on, any r~denb~l ar comm~raai hahte~i or ua~s S~ct~on 9035 9 OavslopmeM $tandards With~n ih~ Bsach Qrsrl~y p~stnct, th~ folloanng apecul devalopm~nt standards shall appty ta thr fdlowin~ underlyrn~ zoninq d~stncts (a) Th~ maximum bu~4d~nq h~~pht ~n tha F4i Distnct ahalt ba thrN stonss, net to ~xcead 35 te~t Eb) Ths maximum bu~ldm~ h~~pht 4n ihe R3 District shall be two stories, not So excead 30 faat Except ~s provldsd in ~at SacE~on 9035 9, the devsiopmsnt atsndsrds in th~ urtidsrty~np zarnr~e distnet in whFCh the parcek u locat~d ahalk tie applicabi~ wit~in tl+~ B~aGh Owrl~y dstriGt S~ct~on 9033 10 ~ounell Rwision Th~ 5anta Monica Gty Councd may not incr~as~ ~ny oi th~ ~1bw~b~ h~iphq as s~t lorth ~n 5~cdon ~?'~t p rnthout votu apprwsl Th~ p~rmrtt~d uNS, tondiLOn~11y permaltsd us~~, use~ p~rmittad sub~~ci to t~rio-mu~o~ StandRrd~ P~rmA, u~d prohrGrs~d uws ~r s~t forttr in thi~ 5u~chaptfr ~V rniy not bf madf I~u nstr ~tlw by tA~ Ciiy Ccunclt wkhout srot~r approval 7'h~ ~Gty Courtd~ m~y not alt~r tt~~ boundari~s OI th~ B~~ch OwrEay Diatricl a~ s~t iarth in S~ctrOn 9035 1 nor m~y !h~ Gty Gouncil ~xpand tlu boundad~s of th~ F~vC anna witn~n t~+~ B~ad+ Ov~r~ay astria wienout votar apProv.l Saciion D035 11 VesNd Riohts, A prpj~c! shslt haw a wsted nQht to procNd without eomplyfnp with t}~ proriiion~ of th!= 5u6clsapt~r 4V if ~ilh~r {a} 1lpphcahons for approval oi p~rmrts irnroMnp proposad d~wlopm~nts !or wh~eh dev~iapment a~nem~nt spplicttion: hsw be~n fif~d on ot 4~for~ M~y 1S, t989 ind prnpossd Qavebpm~nts for wh~eh dwNepm~nt rsrmw ~ppl~cationt haw b~~n Tl~d and dNm~d cornpl~tw on or b~ior~ May ~S. t9~9; or (b) Subsw~ti~l work ha~ b~sn p~rlorm~d or wbsta~i;l habditi~s hev~ be~n incurnd in nl:lian to 1h~ proj~cl in pood faith nl~anw upon a buildinp permlt Issuad by 1M C~ey ~ior to 1hs ~tfectiva dat~ of thi~ lnitiative prdlnu+p Prq~eta whleh qualfly kr e vast~Q n~ht pursu~nt W this Ssct~on shalE r~main wbj~oi to !i+• Gfy's r+orma# plar~nie-q ar-d ~rnuonmmtal rw+wr prperdurs~, ~nd tM Gry's di~er~don to approw. oondiLCnally ~pprow a d~nY pra~sets ~wl~ieh qudily for a wstsd riphl pursu~nt ea thu S+ctlon sri~R b~ unaM~te~ by this Initf~tiw Ordmanw _ S~ebon 9p35 12 ~i'in~ons Th~ fo~lo~~ word~ ~ phra~ ts aenWrnd x+ lfas Suddsa~ shall haw tt~ follownng meanEnps {~) ~1S PaaTrc Goast Hiqhway Th~ ap~,~~xR~at~ly 5~cn nM oommonFy known as ~15 Pacrlic Coest HEghvray ~nd htvins dim~ns~on~ of approximat•ly 290 hat by 7~p 1nt which ia loCS»d between tM P~cific Do~an u~d PacrTic Coast Fl~hway n~u th~ northsm bounduy of the Ctty of $snta Monica and which is currerttly improvsd wHh a privatf rn~mb~rah~p bsach dub facilrty commonly known ai th~ Sind and S~a C1ub and a publ~c parMin~ iot oontammy ipproximataiy ~TB p~rk~na space~ Th~s prop~rty u aEso knovm ts ths $and and $~a Prapsrty (b) i-lotel or Motel A bu~kd~n~, flroup of bv~ldirtgs or a part~on of a buddinfl wntli !rve or mor~ guest rooms whrch is d~se~na~ for or oocup~ed as • temparary lod~inp plsae or trar~s~ent acoommod~tion inr ind,v~duals for ks~ thtn 3p Cons~CUdw d~ye but do~~ not inGude, without 6mitsUOn, fte~lipas pro~idmfl soe~al s~nrice M~ouwnp or trans~t~arsal hpus~ny suc~ rs oommun~ty urs tacikwa, haapicee, 1amJy day car~ homas, nursinp hom~s, ~ss~dan4a! cw faa6tiea, atratenuma, senior qroup t~ou~inp, and shNbn far ~ hom~lsss (c} Pet~sadea Park Tha ~ark usa w~thin 1M foliav~nnp boondines (t~ Th~ northem boundsry ~s th~ north~m boundary 1in~ of eh~ Gty oi Santa Mon~c~ (2) Th~ south~rn boundary ~ Cabratfo Awnw ~nd sh~ briEi~~ Cannecdr+~ Colorado Awnu~ w~th tM Santa Monip~ Phr (3} Tha asatsrn boundary is th~ westem edp~ oi Octan Avrnw (~) ~he wsatem boundary I~ th~ ~atum ~~ of PaciRc Caa~t H~phway irom 1M northsm boundary kn~ ci the Gty of Santa Mo~~ea to tM point wh~r~ Paw~io Coast M~hw~y rtseeb the Qc~an Avenu~ up ramp and dun tf-~ ~asl~m ~dy~ of eh~ Oaan ' Awnus up ramp irom that point ta tM point a! whieh thf Ow~n Avsnv~ up ramp crots~a und~r eh~ brldp~ oone~ednQ Colorado A~nw to ~~ Su~ta Monfcs Plfr My pu~~ roadweya sxistinq on May 13, 1g69 within tha abov~ bonndanes are exefuded fram ~alisade~ Puic Rd) Public Beac~ Fbiatad Foad ~anee}s~on• My bulld~nfl, roort~, spac~, ar~a, or pnrbon thsrecT locatsd wsst of th~ fiirst publ~e road ad}~cant to ths beach whsrs food or bw~rapee ~n so{d for cans~mption ~~ih~r cn sit~ or aff-sin tor which !h~ ~rator a own~r of such busEness hq snt~rid into t oonc~ssron ~pr~emRnt wlth th~ Gty of Sania Nbnica or Stat~ df Calilomia ta provid~ ipod or beveraps asrviq to vit~lors af th~ Santa Ribrsfca b~aCh u~a (e} ~ants Mornca P~er The Sant~ Mon~ca Rrr indudes th~ foliowins (1J 1'he Plauurs P~er, aEso known as the Nswcomb Pier iz) Tne Santa Mon~~ l~4uniciaal Pifr R3) Th~ bnd~e wh~Ch Connects tha Santt Moniu MunEcrpal Rer to Cobrado Avenue (4j Th~ C.sroua~t Ptrlc {5~ Iu1 land anu locet~d d~nctly below eny ~rs~ descrs~d In subseetrorn (1 ~, q2). {3J or (4) aba~e ARTICLE V~ARGETIldG iiEVENUE FRO#A ~13 PACIFIC COAST FlIGHWAY AND ALL 07HER HpTELS IN TFIE BE11CH OVERLAY DkSTRIGT (ay Durinp th~ T~rp~tmp P~riad, st I~ast fifty (5fJ) p~rc~M ot th~ toS~l ~nnwl r~vsnu~a lrom ths collsct~on of hot~l oocupan~}r Uu~~s, ~aid to th~ Crty ss a rasuk ot th~ propos~d Cwiiopm~nt to b~ iocatld ~t ~4S ?~Cific Coi~t Fhphway ar+d by ~t! Ao~~l~ 1oc~t~d frt th~ 8~~d- Ov~rlsy DEalriet, shall be allocat~d for V~a S~nta Mloniea B~y Fqs~toratEon ProNet or umdar proqrams for ths tran~flt of ih~ Sar-t~ Moniu Bay, lor aav+np antl prot~ctinq Paiisadss Park, iar th• aoquliriion o1 add+tlonal pub~ic park land, for capitaE Improvsm~nts to ~Yistinp paric taGtn~s, snd for auflm~ntEn9 muntananca ~nd secunry at aY~nm~ Gsy parka (b) Tha Tarpetan~ Penod shall Commana July 1, 1990 and snd .hene 30, Z000 Ths Gry Counal may sxten0 thEa prows~on try matonty vota bey~d June 3p, 200Q purtnQ the TarQstrnQ Ptr+od, tYra mrn~rr~am ~ercentage al~ocatran a! hotaF axupancy raxas fa lha~ pur~oses r~qurrea by Paragraph (a) of th,s Aruds V shsll nat b~ rsducad rnttwvt voter app-aval Furthsrmora, durEnp th~ Targst~np Panod tfi~ p~twnta~~ allocaUOn ot those rewnufs ss prov~ded in ArtiCles Vi and VII of this Initia4+n Ord~nanp sheEl not be ~msndsd w~thout rrolsr spprovsl ARTICLE Vl SANTA MONICA ~AY FU~1~ The Sants Mon+cs Bay Fund ~'$ty Fund') +~ h~r~by ar~ated w~thrn tha Gty'Creasury to ncs~v+~ 509i at th~ ra++ar+wa alixatad +n ARrcl~ V af th~a In~uat~w Ordinanq and shali b~ oontinuoualy approprisi~d by tl~ Gty Gounal in supporl oi th~ Sant~ Mon~ca Bay Fi~storation Pro~c1 or ~~milar profect~ I~mit~d ta th~ toflowinp purpos~s 1 I~ss~ss ~nd r~pori on th~ human hsalth risks assocx:l~d wlth us~ 01 iht Ba~r, 2 Mlonitar iiv~b oi tozie wbstu-e~f in fiah ~nd rnatin~ lii~, 3,~ss~as and cl~anup ~ou-e~s of poUutlor~ frern wr}aar nynpff throuDh th~ iloDd conlrDi slo-n- dralns ~lndudinQ !F-~ P'i~o-I~nt~r Storm Draln~ and point soura pollu8on lrar» s~wap~ and industrlal outfdta, 4 Asses~ u~d d~anup poliuffon in tM 8ty from past kndustrlal dischsrg~ p-~eticn, and S FMstor~ th~ 6ay as a r~cr~ationai and ~rsth~tie nsouro~ for tt-~ City'a nsid~nls and ~sltors ~t ~s th• ~nt~M o1 thes llydN~ to provld~ iunds 1or us~ by th~ City to m~rt th~ C'ity's shar~ oi th~ rsspons+bllrtyr tp nmr~y ~nwronm~nta! hazards ~s,soc~at~d with Stnta Mon~ca Bay but not to wpplant funds lrom or ths t~spona~bFhly of fh* G,ry ot Lo~ Mpa~s, U+~ Gouny o! Loa Mqa1~s, th~ SLU df ~INOfnia, th~ fsdfrNl flov~rnment, or oth~r publ~c aqena~a to h~1p nm~dy ehsse h~tuds ARTICL~ 11M SA1fTA #QN~CA PAi~CB AHD ~EATON FUHD ~ 7M S~nta I~bn~ca P~rlca ~d R~cr~~tian Fund ~Parka and Rer:rsat~on Fund') is hfrsby creatsd witlan IFN G!y Tnasury 1a r~o~nn tt~ s~m+~ninp S07i af iM I~M+fuRS ~Ibcat+C in Nt~d~ V o1 this in~b~Lv~ Ordan~r~d ^nd ~hall b+ oonUnuouslY ~PP~oR+~~ ~ afi~^Q out ~ puraosi~ of thls Artid~ Vll Th~ Gty CovnaE ~haU appropr~tt~ th~ Park~ and F~erution Fund ~n a msnnsr I~mi»d to ths foqow~np purpas~s t G~ophysieal and othsr st~onnp work, insuilabon ot new un~auon ~yst~ms, snd oiher caprtal impravsm~nts to Pal~s~dee Puk, 2 Aoqwsitron of a~drUOna! public park land, and cap~tsl ~mprownunts to enatinp and iuturs park and nareaLOrt facilibss w~3hm tl~u C,~ry, u+Gud~np publ+c school fad~i#~n, snd 3 llupmentat~on oi onpanQ ma~ntinance end aecunty at ~x~st~ng Gty parks end racr~aLOn faaEiUas !1t I~aat 75~6 o11M funda siloeat~d trom !h~ Parks and Racraat~on Fund ahall bs ussd exdusrwly for c~p~ia1 expenditun~ and na mon th~n 25% o( tM tunds shalt br sp~nt 1or supm~nlabon to onpwn~ park ma~ntenano~ opsrat~ons and improvad aacur}ty Aq1'ICLE V![f COH515T'Et1CY WITH THE CIl1f OF SAI~ITA Mq~NlCA GEHEpI-~ PLAN AND THE CETY OF SANTA MOHICA WdD US~ PLAN QF ~'F1E LQCAL CDASTAL PROGRAM Th~ ,Y",~ty shalt tak~ all n~cssssryr actian to inwr~ that rta C,~neraf Plan and Uts Ltnd Use Plan of ita LAr.al Coastal ProQrsm ~ri oonsisbM wnth eM poala. purpose~ ~nd provlsivns of th~s ~eutlatiw Ord~nance To th~ nctsnt rsqu~r~ by Isw, any amsndrt+~nt, ~it~ntion or add~tion to tM l~nd iJss Pl~n af !h~ Gry'a l~ocal Caastal P~'oprun ~hall b~ subm~tt~d for ~pproval and csrLficaUOrt ay tfi~ spProPri~tr spfna~s and oDmrrl~ssfdtia, fneiudirtp th~ Cal1lOrni~ COattal Cprrtmissfon AHTICLE IK dEFINRf4NS Nf t~rm~ ur~d irt thh ksltfativ~ Qrdinu-p shafl b~ cor~strwd in accordana wi!!~ th~ ds~nl4ons Cont~ln~d In S~tbn 90,~i 12 vf Artlcle N of 1hh inrd~tiw Otdinsncs, or E{ not d~firt~d th~nln th~n In aooordsn« wrth tha dtflnitlon~ set forth in th~ Gy'= Zonin~ Ordinano~. JWTK~E X IHCOFi515TENT QRDlNANCE$ Th~~ initiativr Ord~nu+c~ ~s inoonsist~n! with and i~ ~nt~ndsd as an altemat~w to th~ imt~afrv~ ordinartc~ proposed by tl~~ Saw Our 8~ach ('~ommRttN or sny similu msasui~s If thi~ Initrabw Ordmane~ and th~ Init~atw* ordimnc~ propos~d by th~ Saw Our $~~eh Corr~mfltM or any simllu m~asur~s uf both passsd by ~ majority vot~ th~non, th~n th~ on~ ordinance w~th tri~ most vot:~ ehs{I prwail owr th~ othsr ordinana and th~ oth~r ardln~nw ahall h~w no ~fF~ct whatso~wr AA'f~CLEl~ SEVERABiLITY iF ~r-y provision or cEausf of ehis InrteaUvr Qrd~nancs or tha appheat~on ti~enof to ar~y person ar c~rcumstanc~ ia hsld to b~ unconstituUonai, in ~at~~on ot ~ny pro+~s~on of Sut~ law or th• City Chartar, or athsrwrt~ ~nvafid by any ~ourt of competent ~unsd~cticn, wch inval~d~ly ~I not aft~cl otMr provisiona Mrfo1 wfiich cur b~ impismanted vnthoui the invalid prov~s~an, dause or ~ppiicaiion, and to lhi~ ~nd th~ prpvisiona and cf=uast c! ttua infia~ Ordinano~ sr~ dadand So b~ sfvatable ARTlCE.E !01 ADOP'T101~ A#1D EFFECTNE OAT'E This M-iha4ive Ordrn~np shall b~ oons~dsrsd adopted anC ahall take eifect in accordartce w~th thR St~t~ ~scbon~ Cod* . ~ EXHIBIT 3 THE PEOPI.E pF THE CTIY pg ~A,NT',~ M~A Dp ENACT AS F~LLiOWS TITLE. This Charttr Amcndcarnt ahall 6e knosvn xs Tbe Voluntary Y~csncy Dccontroi aad Recontro! Charter A~Gndi~Gpi Of 19~ PURPOSE5. Wc, tht p~oplc o€ Sznca Monica, raact this Chsrur Amtndmcnt to arcomp~sh the fo~Iowmg pe~rppses 1 To rel~eve tht tconomsc pressv~rs whicl~ u+e fotemg apuxmrnt owners our of bas~nr.ss hy cr,e~.ung s fxir ~t control systian of val:sne~ry vacaacp decanrrol and tben reconuol, 2 To guarancee esch carnet tenxnt thst his or her owg r~nt w~Il not be r~sed txcaus~ of this x~ew voluntary vacancy decontrol u~d reconcrol, 3 To pmcect new unancs hy reguiring thst each v~oluntui- 3y vacaced ~ntt wili be recontro[led imsn~c~=arriy z~ being tec-~ed, 4 To unpmvc thc qualiry of inaincenasue of nc~ ~~ting rcnt controfled units, and 5 To preservt affordable housing for acistiag 2ow or modenu income cec~nts by r~ducing ~he ineentiv~e for ilSC 4f fht Fllis ~~~Z~Gn~ Qy~n~, Accordcngly, wr, ct~e pcaple of cbe City of 5~atx MaNca, amend the Chuur af the Ctty of Sanra Moni~, as fotlows. Section 1815 ~s ~ddcd tv Arucic 18 of the 5anr~ Moa~ca Ciry Chsrtcr Sectlon lSi6 Volant~ry Va~canryDecoatrol andRecontro! {~} No Rtnt InCrcast for Curnat Tenawts. No tcnant occupying a conuvlled rental unit on November 6,1994, sh~il, #~vc h~s or ~er rent increased under the grovisions of this 5ection, wh~ic sai~ ccnanc occup~rs his or her unit (h} l~iew M~.~cimum Allo~ble Rcnt Upaa Voluat~ry Vacancq. Notwief~st:ennding ~ny other Scccion of ehis Artici~ prospecu~e cenanrs and landlords shafl be fm to negouate ~nd agire on che ~ounc of nr-c rhar mzy bc first chuged for ~ cnn- trolled rtnr~l unu aher every voluncary vacancy of stid unit Thr f~rsa rrnc charged for a~r~[, after cvery ~olunt:ery var.~- cy af t~at un~t, shall became the ~~Ytnsum allowable r~nt for thc unit For a11 gurposes of th~s Arnclc, including, buc not tim:ccd to, the computati4n of all future rrnt adjustznenu 5~ud utut shw otherw~sc mnain conuolled by all ocher Secuons of ihts Art~~le (~) Defia3tioa of Valuntaty Yacanty. •• Volttnt~try va~czn- ey" fas purposes of ttus 5ect~an shall mean that a controlied unit ss vaczced volunrarily or as the resuh of cerxninat~on of ten~ncy for rtoc~paymeRt df reat A vacancy cr{ezted whea the oa ner or relative, who obtained possession pnrs~eant to 18(l6(t~) an or afrer Apr~ ~0, 199(}, tnov~s oui, sh~l noi be con- sidcred a voluntary ti~atzncry• far that un~t Further, a v~cancy oc~urr~ng a•~thin two yeaas u a result of thc filing of ~ Nouce af Inunc to VF''~thdrxw ~snder Gov Code Sectson 706d-7060 7 (t~e EWs Acc) ~hz~t not br considtrcd a volunrlry vacancy for ~tt unit ~ 4dj Teaaat Froucti~as Against Har~ssmarL The Rrni ~s~3 ~oard isas thc n~[ to sork in~unctire trl~f pnrsuzc~t ~:~ ~n 1811 of this Axt~cic in ordcr to prrvcn[ h~r~ssmc~t of ~sy ccnant ~ txprtssed by CPP 527.6(b). ~ ~e~ ti.a~•~7 ict of Is~a. It fs thr ~naens of ttx peaple t6at nc~ ~C~PLS10t15 Of [1i15 ~lilC~i AYl1Ct1~ CUtlStl[L1tiC Zt11i1tCgI1LG~ md com~hensive ~pcoach t4 ~rxy dee.'ornml aad nxon- u+ol, and u is their intent that ulditiona~l, sim~tltaneous regula. tion relaocd t,~ the szmc sub~ect not be placed on landlards and ycoanrs Aceorcl~ngly, ef this Ch~rtcr A~nendmecu and acsg ochcr incaas~stenc altzrnative or contLcrir~g ~+~roer Amendmrnt uc iroch pxsscd by mxjariucs voting thcrcon at tt~e sune time on the same baliot, ihea the one wtth the most votes shaU prtvzit '!'he oae a~th the lcssrr votes sh~ tx deemed to be inconses- ~ent znd in cont3~ct witt~ th~s c~uTCr anaendmrnt wa+t~~±+ t5e rncan2ng of Secuon 3, Subdlv~sion (d) v# Arc~cle X1 of c~e Califorrua Constltution. (t} 5ever.~bility. If ury p~ovision ot cixuse of this S~rtion 1816 oc che appL~cation chcreof to any person ar cur,±*,~*~ace is l~cld to be unconst~tus~anal, in viola~tion of any pc,o~ision of the ~s~xe kaw or the Gity Chu~er, or otherwise u~walid bp acty eoesrc of compcoent jurisdic~ion, such Enval~dity shail nac affea other grovisions hereof wh~ch cut be implennented withaat thc ~nval~d prov~seat7. clause or appucauon, and ~o this end the ~rovisians ~ad clauses of ihis Scrc~oa ~rc dcc~rcd w bc stv~crable (g) Efftct~ve Date. This 5ection shall be consideres! sdopud and sh~l takc tffcct oa thc day foUownng ~ts cnact- ment by the votcts . ~ EXHIBIT 4 • The praposed charter amendment r~eads as follows: SECT~ON 1. TfTLE AND PURPOSE Th~s amendmerrt to ths Chartar of tfie CEty of Santa Mon~ca shaEl be entrtEed the C~TIZENS PRQ'f~GT10N ~-C~ of 1990. 7he pnmary purpose of t#~e A~ct ~s to re~uce viofence, panhandl~ng, street cnme, rob- beries, tlrug sales and general harrassment of 5ar~ta Monica's elderly ertd chrldrert who d~srre #o use, in safety, the pu~lic s~dew~lks, pubGc parks, heaches, recreat~on fac{I~t~es, ccmmer- ~~al shopping mails, grocery stores, restaurants and busi- nesses. This Act w~1E ~old the Santa Monica City Attarney d~recfly respons~ble to the volers for the en#orcemant of oontrolled su5stance abuse, panhandl~ng, trespassing and general ~ublic nuisanCe laws. This A~i will ernpawer c~t~s to efect a C~ty At- torr~ey who is free to en~nrce the Penal and Mun~cipal Cades and w~thout poiit~cal mfluenca from C~ty Cauncrt members. SECTIQN 2. CITY ATTORN~Y. Qe~e#e from Sect~cn 7~0 af Article Vil the wards "City Attorney" as appointed by i#~e C~ty Cau~cil. Deiete entire Sectian 7'08 Art~cte VII, City Attorney ~owers and DuUes. Add Articfe VI-A CITY Ar i~RNEY. to the City Charter af Santa Moroca to read. Sec B50 Term. The City Attarney sRall be elected from the ~ity at ~arge, at the times and ~n the rnanner in thGS Charter pro- vided, and who shall serve fer a term of bur yesrs. The first election ur~der th~s Charter amendmerrt shalf be l~teld no more than n~nety days followmg appro~al by the voters, The Term shall cammence a~ the f~rst Tuesday tollow~ng such elec- tion and he shall serve unti! h~s successor is elected and qual~fied. Sec. 651 Eligib[Ilty. No person shafl be el~g~ble ta serve as City Attamey unless he ar she shalt be a qua~fied efector at the tirr~e of his or har nomination or appointment. Sec fi52. Powers & Dutias. The pos~tion of City Attorney '° ~.~ be a full-t~me posrt~on and the C~ty Attamey shal! nat be ~r~iitied ta engage in private practice To become elFgible for electian as C~ty Attomey, tiie cand~date shall have been adm~t- ~ ~ed Aa pracUce aa ar~ attarr~ey at ~aw in a1! ihe s#aie courts a€ Cal~fomia and s3~all have been engaged En the pract~ce af h~s profession for at lesst nve years immad~ately prior to assurn- Fng of~ice. The CEty Attomey sha~l ha~e power a»d be requ~red ~ (a) Represent and advise the C~r Couneil and ail City offi- cers in ali matters of law pertain~ng to ihe~r off~ces, (b} Represent and appear for the Ciry a~d any City off~cer ar empioye or former C~+otficer or ernpioye, in any ar all act~ons and proceedings in which t~e City or any such offECer ar employe, in or by re~son ~t his offic~al capacrty, is concamed or ts a party, but the City Cour~cd shall have control ot all legal busRness and prxeed~ngs and may employ ather attorneys to take charge of any litiga#~on or m~tter or to ass~st the City Attorney therein• (c) Att~nd all r~eetings of the C~ty Councd ar~d give his adrnce ar op~~EOn sn wrEt~ng whene~er requested ta do so by the Ccty Counci~, or by any o! the boar~s or afficers of the City; ~dj Approve the farm of ail bonds given to and alt contracts made by the C~ty, endorsing his approval thereon in -nrrrting; (a) Pre~are any and al! proposed ord~~ance or resolutians for the City, and amendments t~ereto; (~ Appaint and remove such assistants and cler~cai and stenographic help as are authorczed to be employed rn h~s department by the Ciry Council, such persans not ta be ~n the C#assafied Serr+~ce af the C~ty, (g) Pmsecute on behali of the peop~a aEl cnm~nal cases for vrolai~an af ihFS Charter ar~d af C~ty wd+nartcss, and aN rrris- ciemeanor offenses arising upon violation of the laws of t~e State; and {h) On ~acat~ng the offce, surrender ta h~s successor ali boa~cs, papers, fdes and documents pertain~ng to tha City's ~ffairs. Sec. 653. Compensation. The C~ty Attorney shall be com- pensated the same as pro~rded for a Superior Court Judge m Los Angeies County and Shall be ad~usted ~n accordance wrth tt~e pay schedule for Superior Court Judges -n Las Angefes. 5ec. 654 Beneflts. The C~ty Attamey shall receive the same benefits pro~ti~ed to the C~ty Manager. Sec 655. Vatc~ncy. A vacancy rn ihe office of C+ty Attomey frorn wh~tever cause arismg, shall be filled by appo~nimerrt by the City Councif of an Aating C~ty Attorney who shal~ hold atl the qual~fcatians of the afifice of City Attorr~ey but shall noi be el~g~ble for electior~ ta t#~at ot~'ice, such ap~oirrtee to hold af~ic•s until a city attomey is elected and assurr~as off~ce. ~ i E?CHIBIT 5 . ~ ~ PROPOSAL BY THE CITY CaUNCIL OF THE CITY aF SANTA MONICA TO BE SUBMITTED TO THE VOTERS OF A PROP~SED AMENDMENT TO THE CHARTER ~F THE CITY QF SANTA MONICA, CALIFORNIA Section 2001 of the City Charter of the City of Santa Monica is amended ta read as follows: SECTION 2001. Definitians. For purposes of this Article, the following words and phrases sha11 have the following meaning: (a} Applicant. The owner of a building for which a Tenant-Participating Conversion Application is fi~ed. (b} Gosiqninq Tenant. Any tenant agreeing to the conversion by his or her signature on th~ Tenant-Participating canversion Application wha has personally accupied his or her unit eontinuousiy for a period of at least six {6) months prior to ~he date he or she signs the Tenant-Participating Conversion Application. (c) Disabled Person. Any persan who is receiving benefits fram a Federal, State, or loca3. government, or from a private entity on account of a permanent disability that pr~vents the perso~ fr~m engaging in regular, fulltime employment. - 1 - ~ ~ ~ (d) Intendinq to Purchase Tenant. Any tenant wha has personally occupied his or her unit in the building cantinuausly for a period af at least six (6) months immed~ately preceding the date the tenant s~gns a Tenant Intent to Purchase, (ej Limited Equity. Programs subject ta the restrictians set forth in the Health and Safety Code Section 33007.5 and ather programs which limit, to a similar extent and a samilar length of time, the owner's return at resale. For purpases of this Article, shared appreciation equity loar-s or similar loans shall nat be construed to be forms of lim~ted eq~ity. {f} Low and Moderate Income Households. Persons and families whase incame does not exceed eighty percent (80~) of the median gross incame far Los Angeles County, ad1~sted f€~r family size as determined by the Secretar~ af Housing and Urban Deve~opment and under Sectian 8(f)(3) of the United States Housing Act of 1937, as amended, or if programs under Section 8(f} are terminated, eighty percent (80%) of the median gross income determi.ned under the method used by the Secretary prior ta such termination. - 2 - ~ ~ ~ (g) MiBdle Income Households. Persons and families whose income exceeds eighty percent (80~) but is less than one h~zndred and twenty percent (120&) of th~ median gross income for Las Angeles County, adjusted for family size as determined by the Secretary of Housing and Urban Deve~opment under Section 8(f)(3) of the United States Housing Act af ' 1937, as amended, or if programs under Section 8(f) are terminated, more than eighty percen't (80~} but less than one hundred twenty percent (120~) af the median gross incom~ determined under the method used by the Secretary prior ta such terntination. {h) Owner. The owner of a Qualifying Building. (i) Participating Tenant. Any tenant, includ~ng both cosigning and non-cosignir-g tenants, residing in the building at the date of the appraval of the Tenant-Participating Canversion Application. (j) Price Index. The index for Urban Wage Earners and Clerical Workers, United States City Average, as published by the Uni~ed States Bureau of Labor Statistics, or - 3 - ~ ~ ~ in the event such index is discontinued any comparable index. (k) Tenant Intent to Purchase. A form preparad by the City to camply with state law and which sha~l be in suhstantially the following ~orm and substance: STATEMENT OF TENANT INTENT T~ PURCHASE This is a Tenant Intent ta Purchase form that is used to determine how many tenants want to purchase the apartment units that they currently are renting. Everything that the owner guarantees or promises you in exchange for your signature, including the sales price, is set forth in writing in the Tenar-t-Participatinq Conversaon Application. Thes~ promises, including the promise to sell you the unit for the price s~ated on the f~rm, wi~l be made conditions of the approval of the conversion and the signed form wi11 become public record. Signing th~s form daes not mean that you must buy the unit. It only means that you ctzrrer~tly want and intend to buy the unit for - 4 - , ~ ~ the sales price indicated on the farm ~f you are able to obtain satisfactory financing and if the application is appraved. IF, AFTER FINAL APPROVAL OF THE CONVERSIQN, THE OWNER REFUSES TO SELL THE UNIT AS AGREED OR DEMANDS A HIGHER PRICE, YOU SHdULD IMMEDIATELY CDNTACT THE APPROVING ATTORNEY AND THE CITY ATTORNEY. I/we, the undersigned, as unit at Monica, Califarnia, at the time the Tenant-Participating Applicatian af such property, my/our intent to purchase my, Unit No. tenant(s) of 5anta of fi~ing of Conversion do certify rour occupied I/We have seen and received a copy of the Tenant-Participating Conversion Application which lists the ~axir~um sales prices for all tenant occupied units in this building and ather information an the Tenant-Participating Conversion Application to be fi~ed with the City of Santa Monica, and this list indicates that the maximum sa~.es price for my/our unit is ta be c - 5 - ~ i I/We further understand that this Intent to Purchase Form will be filed with the Ci~.y for the purpose of establishing the percentage of tenants that may be expected to purchase units pursuant to this Article. I/We declare, under penalty af perjury, that all of my/our statements above are true an correct. (Signed and Separately Dated by Intending to Purchase Tenant(s] and 4wner.) {1) Qualifying Building. Any b~ildinq used for residential rEntal purposes in the City far which na eviction has occurred pursuant to Government Code Section 7060 et seq. (the Ellis Act) within a five (5~ year period prior to the filinq of an Application for Tenant-Participating Conversion and for which no evictio~ has occurred pursuant to Section 1805{h) of this Chartex ~rela~ing to e~iction far purp~ses of awner accupancy ar occupancy by relative of the owner) within a two {2} year period prior to the filinc~ of an Application for Tenant-Participatin~ Conversion. (m) Senior Citizen. Any persan sixty-five (65} years of age or alder. - 6 - • (n) Tenant. authorized tenant residential rentai Tenant-Participating is being pracessed. ~ Any person who is an of an awner of a building for which a Conversion Application (o) Tenaat Ownership. Ownership in the farm of either condominiums, community apartments, stock cooperatives, cooperati~e associations, limited equity stock caaperatives ar any other means authorized under State law. (p) Tenant-Participatinq Conversion. Any conversion to tenant ownership implemented pursuant to this Article. {q) Tenant~s sales Price. The ~aximum pri.ce for each unit as set forth ir~ the Tenant-Participating Conversion Applicat~on. Sect~.on 2002 of the City Charter of th~ City of Santa Monica is amended to read as follows: SEC'i`ION 2002. Application for Tenant Partiaipating Convears~on. An appli.cation for a Tenant-Participating Conversion shall be complete if it meets the following requirements: - 7 - , ~ ~ (a) Identifies the building, and its owner, which is the subject of ~he application and contains a declaration that such building is a qualifying buil~ding. (b) Se~s forth, for each tenant occupied unit, the following sales information: (1) The maximum sales price for each unit. (2) The minimum down payment for each unit. (3} If seller financing will be offered, the mi.nimum amQUnt to be financed, the maxa.mum rate af interest and the m~.n~mum term of the laan offered by the seller. (c} Sets forth, for each unit, the following cammon areas, maintenance and budget informatian: (1) The plan for the assYgnment and u~e of parking spaces. (2) The p~an for the use of all cammon area facilities. (3} The occupancy and management p~ans and policies. - 8 - ~ ~ . (4) A list of all repairs and alterations, if any, which will be performed befare the clase of the first escrow. (5) The plan fnr allocating casts and expenses for the building. {5j A prepared manthly maintenance budget based upon aetua~ maintenance expenses for at least the preceding twa years pl~s a reserve fund which states the monthly maintenance assessment for each unit. (7) The procedures far allocation and use of such reserve funds. (d) Cantains a declaration with the fallowing informatian: (1) That there has been a building inspection report of the accessible partions of the entire building, i.ncluding but not limited to, the raaf, walls, floors, heating, air conditioning, plumbing, e~ectrical systems or components af a similar or camparable nature, and recreational facilities of the building prepared by a Building Inspection service or similar agency within the preceding three (3) months. - 9 - i ~ (2y That, for each tenant occupied unit, a written statemen~. setting forth any substantial defects or malfunctions identified in the building inspection report regarding the unit and the cQmmdn areas has been delzvered ~.o the unit or a tenant occupying the unit. (3} That, £or each tenant occupied unit, a copy of the comp~ete building inspection report has been delivered to the unit or a tenant occupying the t~nit. (e) Sets forth the form of tenant ownership for which the application is submitted. (f) Is signed by cosigning tenants occupying not less than twa-thirds (2/3) of aZl the residential units in the building. ~f there is more than one tenant in a unit, the signature of anly one t~nant shall be required. For purposes of this subsection, an owner of the bui].dinq shail be deemed a cosiqninq tenant if: (1} the owner has continuously resided at the buildinq as his or her principal place of residence for at least six months prior to the date the owner - 10 - _ ~ ~ began to solicit tenant approval for the TORCA con~ersion and {2) the building has not previous~y been withdrawn fram the residential renta~ business pursuant to Government Code Sectian ?05~ et seq.~ unless the owners were tenants in the property at },..,. }....... ,.~ ~w.. ..:~~.a~.,_.~, (g) Identifies the cosigning tenants and the units occupied by such tenants and lists all other tenants known to the owner in ~he building and the units they occupy. (h) Contains a deelaration that the signature of each cosigning tenant was obtained only after the de~ivery, in writing, to such tenant pf the information xequired in Subsections (a) (b) (c) (d) and (e} of this Section. (i) Contains a declaration that a~l lawful natices have been given af the appl~cation for conversian. (j) Has attached to the application Statements of Tenant Intent to Purchase, signed by Intending to Purchase Tenants occupying n4t ~ess that fifty gercent {50~) of the total number of residential units in the bui~ding. Tf there is more than one - 11 - . ~ i tenant in a unit, the signature of only one tenan'~ shall be required. For purposes of this subsectian, an owner of the buildinq shall be deemed an intendinq to purchase tenant if: ~1} the owner has continuously resided at the buildinq as his or her principal place af residence for at least six months prior to the date the awner beqan to solicit ~enan~ approval for the TORCA canversi~n and (2~ the build~nq has not previausly been withdrawn from the rESidential rental business pursuant to Government Code Sect~on 7060 et seq., unless the awners were tenants in the property at the time of the withdrawal. ~kj Contains a decZaration that in obtaininq the signatures of cosiqning tenants and intend~nq to purchase tenants~ the owner neither o~fered nor aqreed ta pay maney or other financial consideration to participating tenants if the tenants would release a~2 riqhts that they had to purchase a rental unit in the buildinq. (1} Cantains a declaration that in obtaininq the signatures of consiqninq tenants and intendinq to purchase tenantsr - 12 - ~ ~ neither the owner nar the owner's aqent or representative coerced a tenant to siqn by threatening that the owner, or any successor thereof, would cease operatinq the property as residential rental praperty pursuant to Gavernment Code Section 7060 et seq, {"the Ell~s Act") if ~he praposed canversion of the buildinq pursuant to this Article did not accur. (m~ That, far each tenant occupied unit, a Tenant Intent to Purchase has been d~livered to the unit or a tenant occupying the unit. Section 2004 of the City Charter of the City of Santa Monica is ar~ended to read as follows: SECTION 20~4. Approval or Denial of Tenant Participating Canversian Application. A T~nant-Participating Conversion Application shail be approved ar denied within the time periads set forth in Section 2003 of this Article and in accordance with the following standards: (a) A Tenant-Participating Conversion Application, along with any required tentative subdivision map or tentat~ve parcel map shal~ be denied if the - 13 - ~ ~ Tenant-Partieipating Conversion Application fails to meet any of the requirements of this Article, was the result of fraud, misrepresen~atian, or threat or similar coercian, or fails to meet any mandatory requirements of the Subdiv~sion Map Act af the State of California. (b) A Tenant-Participating Conversion Application, along with any required tentative subdivision map or tentative parcei map, shall be approved if it meets the requirements of this Article and shall be suJaject to the following conditions and no others: (1) Th~ owner must file with the City written consent to each condition imposed in connection with the approval af a Tenant-Participating Conversion Application. The written consent shall be filed prior to the approval of any required final subda.vision map ar final parcel map, or if no such map is required, within six (6} months from the date of approval af the Tenant-Participating Conversion Application. The ~iling of such written consent shall canstitute an agreement, with the City of Santa Manica and each participating tenant, - Y4 - ~ ~ binding upon the owner and any successors in interest, ta comply with each and every conditian impased in connection with approval of a Tenant-Participating Conversinn App].ication, The City and any participating tenant shall have the right to specific eraforcemen~ of this Agreement in addition to any other remedies provided by law. (2} The owner shall offer and continue to affer the exclusive right to purchase each rental unit in the building to the participating tenant thereof upon the terms set forth ~n the application, witha~t change, fo~ a period of not less than two (2) years from the date of final appraval by the California Department af Rea3. Estate or the date the first unit in the building is offered for sale, if no approval by the California Departmen~ of Real Estate is required. Unless a participa~.inq tenant has already pravided the owner with written acceptance of the offer, the Tenant's Sale Price may be adjusted at the beginning of the second year according to any change reflected in the Price Index occurring during the preceding year. Upon the written acceptance of the offer by the participatzng tenant at - 15 - ~ ~ any time within the twa year periad, escrow shall open within thirty (3oJ days from the written acceptance by the participating tenant. Unless otherwise agreed by the parties, the period of the escrow shall not exce~d sixty (60) days. (3) No participating tenant shall at any time after the approval of the Tenant-Participating Conversion Application be evicted for the purpose of accupancy by the ownar, occupancy by any relative of the owner, or for demo~ition af the unit. In the e~ent the participating tenant does not exercise his or her right ta purchase within the time period set forth in this Article, the owner may transfer the unit without arty price restrictian to the participating tenant or any other person. However, in the e~ent sueh transfer is to someone other than the participa~ing tenant, the transfer shall be expressly made subject to the rights of the participating tenan~ ~o continue to occupy the unit as provided for in this Art~cle. (4) Each unit shall at a~l times remain subject to aIl the terms and conditians of Article XVIII af this Charter, except Section 1803(t), before, during and - 16 - ~ ~ after any Tenant-Participa~ing Conversion. If any unit is r~nted, the maximum allowable xent for each unit sha~l be na grea~er than the maximum allowable rent allawed under ArticZe XV~I~ af this Charter. (5) The building may be required to cornply only with the applicable laws, including the building, safety, and zoning codes, which were in effect as of thE date the building was constructed. No new, additional requirements including, but not limited ta, parking, raom size, or ~.nterior ar exterior improvements of any kind, may be imposed as a candition, either directly or indirect~y, of the Tenant-Participating Conversion. Notwithstanding the above, the City may impase reasonable health or safety requirements consistent with this Article upon such buildings provided that such requirements ~niformly apply ta all simi~ar ~nultiresidential structures in the City of Santa Monica, regardless of the form of ownership of the building. (6) Prior to the approval of any required subdiyision map or final parcel map far the Tenant-Participating Conversion, ar ~f no such map is required, priar to the - 17 - i • filing of the written consent required by Subdi.vision (b)(1) of this Section, each participating tenant shall be informed in writing, in a farm approved by the City, of his or her rights under this Artic~e. (7) In addition ta the pxotectiQns of Subda~v~.sions (b) (3) and ~b) {4) of this Section: (A) All non-purchasing Participating Tenants who are senior citizens or disabled on the date of filing the Tenant--Participating Conversion Application and who personaliy occupied a rental unit ir- the qualifying bua.lding continuously for at least six (6) months immediately preceding the date of the filing of Tenant-Participating Conversion Applica~ion shall be given the nonassignable right to continue to personally reside in theix unit as long as they choose to do so subject only ta just cause evictivns provided that the EV1C~lOII is not for the purpose af occupancy by the owner, occupancy by any relative of the owner, or far demolition of the unit. In addition, should the maximum allawable rent provision af Article XVIII af this Charter no longer apply, the rent far each such unit - I8 - . ~ shall be adjusted annually to allow an increase af na mare than the increase in the Price Index plus a reasonabie, pro rata share of capital improvements for the buildings com~on areas or agreed to capital improve~en~s for the unit. Within sixty (6D) days after the appra~al of a Tenant--Participating Conversion Application, any senior citS.zen participating tenant who is entitled to the protections of this Subdivis~on may designate in writing the name of ane person who is entitled to continue living in the rental un~t under the same terms as the senior citizen if the seniar citizen pre-deceases him or her and if the person designated is residing in the unit at the time of the death of the senior citiaen. The person designated by the senior citizen must be a lawful occupant of the unit, at least fifty-fi~e {55) years of age on ~.he date of the filing of the Tenant-Participating Conversion Application, and must have resided in the unit for a continuous periad of s~x months prior to the filing of the Tenant-Participating Conversion Application. - 19 - ~ ~ (B} All other nan- purchasing Participating Tenants who persQnally accupied a rental unit in a qualifying bui~ding continuous~y for at least six ( 5} months immediately preceding the date filing the Tenant-Participating Conversion Application shall be given the nonassignable right to continue to personally reside in their unit subject only ta just cause eviction for a period of five (5) years form the date the first unit is offered for sale. No eviction shall b~ allowed during this time period except for just cause provided the eviction is not for the purpose of occupancy by the owner, occupancy by any relative of the owner, or demolition af the unit. In addition, during this time period, should the maximum allowable rent provisions af Article XViII of this Charter no longer apply, the rent for each unit sha11 ba adjusted annually to allaw an increase of no more than the increase in the Price Index p~us a reasanable pro rata share of capital impro~ements for the building's common areas or agreed to cagital improvements for the unit. A~1 rights under this Subsection shail expire upon the termination of the - 20 - ! • landlord-tenant relationship between the owner and the participating tenant entitled to the protectior~ of this Subsection. For purpases of this Subsection, "Just cause" means one of the reasans set forth in Subdivisiorts (a) through (g) of Section 1806 of this Charter. This Subsection shall be interpreted in accordance with Santa Manica City Attorney Informal Opinion Number 84-57. All amendments to this Subsection are declaratory of existinq law. (8} Non-purchasing Participatinq Tenants shal,l n~t be sub~ect to eviction pursuant to Government Code Section 7060 et seq. {"the El~is Act"~. (9) The owner shall. pay the Tenant-Participating Conversion Tax in the manner required by Secti~n 2008 af this Article. (10) No owner sha11 close the first escrow without completinq the repairs and alterations aqreed to pursuant to Section 2002(c~(4j of this Article. The time to complete the repairs and alteratians may be - 21 - ~ ~ extended for a period not to exceed ninety (90) days if the tenant purchasinq the first unit aqrees to the extension and the owner provides a bond approved by the Califorr-ia Department o~ Real Estate in an amount sufficient to caver the cost of the work yet ta be completed. The Buildinq Officer af the City af Santa Monica may authorize a further extension af time to complete the repairs and alterations upon finding that the owner has diliqer-~ly souqht to make the repairs dur~nq the initial extension periad and that additzona~ time is reasonably required to complete the work. In additian to any other remedy provided by law, far each consecutive calendar day that an owner fails to complete the repairs and a~terations aqreed to pursuant to Section 2002(c~(4) in a timely manner, the awner shall be J.iable to the City in the amaunt of two hundred and fifty dollars ($250.00} for the first day and one hundred do~lars ~$100.00} per day for each day thereafter. No penalty impased under this subsection sha11 ex~eec~ t~ro ( 2~ times the cost of the repairs or alterations that were not timely - 22 - ~ ~ completed by the owner, but in no event shall the penalty be less than $250.00. (1~} Prior ta the filinq and approval of the Tenant--Participatinq Canversion Application by the Planninq Commission ar City Council on appeal, no partic~pating tenant shall affer or agree to release all riqhts that he or she has to purchase a rental unit in the buildinq in return for receivinq mone,y or other financial consideration from the owner. (12y The requirements of this Section shall be set forth in the Declaration of Covenants, Conditians, and Restric~.ions, or equivalent dacument~ and shal~ specifically na~e the Par~.icipatinq Tenants in each unit entitled to the benefits and protections of this Article. The City shail review and approv~ far compliance with this Article the Govenants, Condi~.ians, and Restrictions, or equivalent documents, priar to the approval of any required final subdivision map ar final parcel map, or if no such map is required, prior to the filing of the written consent required by Subdivision (b}(1) ot this Sectian. Ta the extent applicable, the req~irements of this Article -- 2 3 - s s shall be made a part of the rental agreement with the Participating Tenants. {13~ The Declaration of Covenants, Conditions, and Restr~ctians, or equivalent document, shall contain a non-discrimination clause in substantially the follawing form: "No unit owner sha~~. execute ar fiie far record any instrument which imposes a restr~.ction upon the sale, Yeasing or occ~pancy of his or her unit an the basis of sex, race, color, religion, ancestry, national origin, age~ pregnancy, marita~ status, family composition, handicapr Acquired Immune Deficiency Syndrome (A.~.D.S.), sexual orientatian, ar the potential or actual occupancy of minor children. The association shal~ not discriminate an tha basis of sex, race, color, re~igion, ancestry, nationa]. origin, age, pregnancy, marital status, family compositian, handicap~ Acquired 2mmune Deficiency Syndrome (A.I.D.S.), sexua~ orientation, or the patential ar actual accupancy af minor chi~dren." ~14) The approval of a Tenant-Participating Conversion Application shall expire if any required final - 24 - , . ~ ~ subdivision map or final parcel map is not approved within the time per~ods set forth in the Subdivision Map Act of the State of California, or if no such map is required, if the written consent required by Subdivision (b)(1) is not filed within the required time period. Section 2009 of the City Charter of the City of 5anta Monica is amended ta read as follaws: SECTION 2009. Use of Tax. Al1 monies deri~ed fram the Tenant-Participating Canversion Tax shall be annually appropriated by the City Council for only the following purposes: (a) In accardance with Section 2000{d) of this Artic~e, to assist Low and Maderate Income Hausehalds in Tenant-Participati~g Conversions to purchase or imprave their units subject to an affordable repayment plan including interest, keyed to future income increases and gains on resale. Priority shall be given to assisting Low and Moderate Income Households in Limited Equity Tenant-Participating Conversions. For at least the first two (2) years from tha receipt of the first payment of the Tenant-Participating Conversion Tax under - 25 - , ~ ~ this Article, a substantial portion of the tax proceeds shall be used for assisting Limited Equity Tenant-Participating Conversions. {b) Up to ane-sixth of the revenues derived from Section 2048 may be used to assist Middle Income Households ~n Tenant-Participating Canversions ta purchase or imprave their units if the City Cauncil, by five (5) affirmative votes, determines that the needs of Low and Moderate Incame Households have been fully satisfied. {c) To assi.st the City or a nonprofit hau~inq dev~lopment corporation to purchase unitsr for which a Tenant Participating Conversian App~ication has been approved, for lease or resale to Lowr Moderate~ or Middle Income Househalds~ provided that any ~nit so acquired shal.l be subject ta ~imited equity ]C~esaJ.e pravisions. (dj Ta pay for reasonabZe and n~cessary costs of administration af pragrams required ta meet the purposes of this Section. Section 2018 is added to the City Charter of the C~ty of Santa Monica to read as fo~~ows: - 26 - ~ ~ SECTI~N 2018. Prohibition af Non-TORCA conversion. (a~ No multifamily residential conversion~ whether by condominium~ stock cooperative~ community apartment~ coaperative apartment~ or other meansr shall be appraved unless it is approved in accordance with this ~br The General Plan of the City shall at aJ,I times cor~tain a pxov~sion that the Tenant Ownership Riqhts Charter Amendment shall be ~he only procedure by which a mu~tifamily residential conversion may be approved. bar070/hpadv - 27 - ~ ~ E?iHIBIT 6 ~ ~ PROPOSAL BY THE CITY COUNCIL OF TH~ CITY OF SANTA MONICA TO BE SUBMITTED TO THE VOTERS OF A PROPOSED AMENDMENT T4 THE CHARTER OF THE CITY OF SANTA MON~CA, CALIFORNIA Section 1826 of the City Charter af the City of Santa Manica is amended ta read as follows: Section 1815. Belaw Thresho].d Rents. (a) Definitians. The fallowing words or phrases as used in this Section shall have the folZowing meanings. (1) Belaw Threshold Rents. Rents below the thresho}.d levels set forth in subsection (a)(2) of this ~ection. (2) Threshold Rents. Rents which are affordable to ho~seholds with incomes at or below 70~ of the Los Angeles/Long S~ach (Los Ange~es County} Statistical Area median income, adjusted by family size, as published by the U.S. Department of Hausing and Urban Development in 1990, increased by the amount of any general adjustments adopted by the Rent Control Board in 1991 and subsequent years. The threshold rent levels an the date of adoption of this Section are set forth as fol~ows: Threshold Unit Size Rents 0 badraom (single) $477 1 bedroom $511 2 bedroom $613 3 bedraom $723 4 bedroom $766 ( 3 ) Thresholcl Rent Adjustment. A rent adjustment fro~ a below threshald rent to a threshald rent. {4) Voluntary Vacancy. For purposes of this Sectian, voluntary vacancy shall mean a unit which has been - 1 - ~ • vacated voluntarily by a tenant or vacated as a result of a lawful evictifln for nonpayment of rent. The occurrence of a vacancy in any a€ the fol7.owing mar~ners shall not be considered a voluntary vacancy: (i) A vacancy created when an owner or relative who obtained possession of a unit pursuant to City Charter Section 1806(h) after ApriZ ~0, 1990, vacates that unit. (ii) A vacancy that occurs within two years of the ~iling of a Not~ce of Intent to Withdraw Residentia~ Rental Units pursuant to Government Code Section 70~o et seq. (iii) A vacancy that occurs following the withdrawal of residentia~ rental units pursuant to Government Cod~ Sect~an 7060 et seq. (iv) A vacancy which is the result of harassment by a landlord. (b) Rent Ad~~stment far Controlled Units with Below Thresho].d Rents. Upon certification as provided in subsection (c} of this Section, the maximum a~lowable rent on a controlled rental unit with a belaw threshold rent shall be permitted to be adjusted to the threshold rent level. (c) Conditians af Threshold Rent Adjustment. A threshold rent adjustment shall be authorized by the Rent Control Board anly after a Iandlord obtains certification that the fo~~owing requirements have bean met: (1) The unit is vacant as the result of a voluntary vacancy. (2) The unit complies with a~.l applicable State and local health and safety laws. (3) The Iandlord has entered into an agreement with the new tenant on a form approved by the Rent Control Board offering the unit to the tenant for a period of at ~east three years. ~f the tenant vacates the unit prior ta - 2 - ~ expiration of the shal]. revert to the which existed pri.ar adjustment with a adjustments, unless into an agreement tenant for the rema: lease period. • agreement, the rent maximum aliowable rent to the threshold rent iy allowable general the landlord enters with the successor nder of the three--year (d) Subsequent Rent Adjustments. Subsequent to an a~Iowabie threshold rent adjustment, a cantro~Zed rental unit shall be eligible for general adjustments and individuai adjustments authorized by the Rent Control Board. (e) Implementinq Regula- tians. The Rent Control Board shall adopt regulations to implement a threshold rent adjustment procedure within ninety (90) days of adoption of this Section. The Rent Control Board may from time to time amend these regulatians. (f) Minimum Requirements. The threshold rent levels contained in subsectian (a)(1} of this Section represent a minimum ievel to which the Rent Control Board must allow belaw threshold rents to be adjusted. The Rent Control Board is not constrained from adopting a h~gher threshold rent ~evel nor from imposing a condition requiring that up to thirty percent (30~) af the units in each building participating in the threshold rent program be rented to households whose incomes are at or below eighty percent (80%) of the Los Angeles/Lang B~ach {Los Ange~es County) Statistical Area median income, adjusted by family size, as published by the U.S. Department of Housing and Urban Development. Section 1817 is added to the City Charter of the City af Santa Manica as follows: Section 1817. Rent Adjustment Upon Vacancy. (a} Allowable Vacancy Rent Adjustment. Upon certificatian as provided in subsectian (cy of this Section, a landlord shall be permitted to increase the then existing maximum allowable rent for a contralled rental _ ~ _ ~ ~ unit by ten percent (10%). However, no more than one vacancy rent adjustment shall be permitted for a particular unit within a forty-eight (48) month period. (b) Voluntary Vacancy. For purposes of this Section, vo~untary vacancy sha~l mean a unit which has been vacated voluntarily by a tenant or vacated as a result af a 3awful eviction for nonpayment of rent. The occurrence of a vacancy in any of the following manners shall not be considered a voluntary vacancy. (~. J A vacancy created when an owner or re~ati~e who obtained possessian of a unit pursuant to City Charter Section 1805(h) after April ia, 199~ vacates that unit. (2) A vacancy that occurs within twa years of the filing af a Notice of Intent to Withdraw Residential Rental Units pursuant to Government Code Sectlon ?060 et seq. (3) A vacancy that accurs following the withdrawal of r~sidential rental units pursuant to Ga~ernment Code Section 7D60 et seq. (4) A vacancy which is the rasult of harassment by a landlord. (c} Conditians of Vacancy Rent Adjustment. A vacancy rent adjustment shall be authorized by the Rent C~ntrol Board on].y after a landlord obtains certification that the fo~Iowing requirements ha~e been met: {1) The unit is vacant as the result of a voluntary vacancy. (2y The landiord has painted the unit and cleaned ar replaced carpets, floor coverings and window coverings, and all appliances provided by the landlord are in working arder, un~ess it is demonstrated that such maintenance has been performed within the previaus six (6) manths ar it is demanstrated that such maintenance is unnecessary. ~f window ar wall coverings, carpet or floor caverings are more than seven (7) years ald, they - 4 - ~ ~ shall be replaced unless it is demonstrated that replacement is not necessary. (d) Relationship Between Rent Adjustment on Vacancy and Below Thresho~d Rent Adjustment. A vacant unit which is eligible far a threshold rent adjustment pursuant to Section 1815 shall alsa be eligible for a vacancy rent adjustment pursuant ta this Section. (e) Implementing Regulations. Tha Rent Control Board shall adopt reguiations to implement a vacancy rent adjustment procedure within ninety (90) days of adoption of this Section. The Rent Cantrol Baard may from time to time amend these regulations. (f) Minimum Requirements. The allowable vacancy adjustment contained in ~ubsection (a} of this Sectian represents the minimum percentage adjustment which the Rent Contral Board must allaw provided a landlord meets the conditians set forth in subsection (c) o~ this Section. The Rent Control Board is not constrained fram adopting a h~.gher vacancy rent adjustment nor from imposing differing maintenance condit~ons so Zong as the Board in no event requires a greater level of maintenance than is required in subsection (c) as a condition for the vacancy adjustment allowed by subsect~on (a) of this Section. Section 1818 is added to the City Charter of the City of Santa Monica to read as follows: SECTION 1818. Mobilehomes. Within 1.20 days of the date of adoption of this Section, the Board shall conduct a hearing to determine if this Article as applicable to mohilehomes and trailers is i~ conforn-ity r€ith the decisian of the Nanth Circuit Court af Appeals in Hal~ v. City of Santa Barbara~ 833 F.2d 127Q (9th Cir. 1985~, and other app~icable decisions. If the Board in connection with this review, or any subsequent revie~r, determines that this Article as applied to mabilehomes and trailers is nat in conformity with such decisions, the Board shall adopt conforming regulations. In adopting - 5 - ~ ~ conforming regulations, the Board shall consa.der all availabZe alternatives to seeure compliance with court decisions while best pratecting the interests af tenants. The Board is empowered, in furtherance of the purposes of this Section, ta regulate the resale price of mobilehomes and trailers as an alternative to increasing ths cantrolled rent upon resa~.e of a mobilehome or trailer. Section 1819 is added to the City Charter of the City of Santa Monica to read as follows: Section 1819. Inconsistent Provisions. Sections 1815 and 1817 are inconsistent with and are intended as an a].ternative to the amendments prapased in the Voluntary Vacancy Decontrol and Recontrol Charter Amendment of 1990 initiative. If the measure adapting this Sectian and the Voluntary Vacancy Decontrol and RecQntrol Charter Amendment of 1990 initiative are both passed by a majority vote thereon, and the measure adapting this Section obtains more votes, the provisians of the Voluntary Vacancy Decontrol and Recantrol Charter Amendment of 1990 initiative shall be repealed and be of no further force or effect. 11608/hpc - fi - ~ ~ EXHIBTT 7 . PROPOSAL BY THE CITY COUNCIL OF THE TQ BE SUBMITTED TO THE OF A PROPOSED AMENDMENT TO OF THE CITY OF SANTA MONICA, ~ CITY OF SANTA MONZCA VQTERS THE CHARTER GALIFORNIA Section 630 is added to the City Charter of the City of Santa Monica ta read as fo~lows: SECTION 530. Inclusionary Housiag. The City Council by ardinance shall at all times require that not less than thirty percent (30~} af all multifamily-residen- tial housing newly constructed in the City on an annuaZ basis is permanently affordable to and occupied by low and moderate income househalds. For pu~poses of this Section, "low income hausehold" means a househoJ.d with an income not exceeding sixty percent (60%j of the Los Angeles County median income, ad~usted by family size, as published from time to time by the United States Department of Hous~ng and Urban De~relopment~ and "moderate incame hausehald" means a household with an income not exceeding one hundred percent (100~) of the Los Angeles County median income, adjusted by family size, as published fram time to time by the United Statas Department of Housing and Urban De~elopment. 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 incoma hauseholds. rmd11.48/hpcal - 1 - ~ ~ EXHIBIT 8 . ~ • PROPO~AL BY THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO BE SUBMITTED TO THE VOTERS OF A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF SANTA MONiCA, CALIFORNIA S~ction 1820 is added to the City Charter of th~ City of Santa Manica to read as follows: SECTION 1820. State O~aed Property. This Article shall not apply to any property which is part of the State Park System or sovereign tidelands and owned by the State of California Qn July 1, 1990. rmd1160/hpcal - 1 - i • Adopted and approved this 7th day af August, 1990. ~~~' ~ Ma ar I Y~ereby certi~y that the foregoing Resolution No. sa~2(cesj was duly adopted by the City Council of the City of Santa Monica at a meeting thereof held an August 7th, 1990 hy the following Cauncil vate: Ay~s: Councilmembers: Abdo, Finkel, Genser, Jennings, Katz, Reed, Mayor Zane Noes: Counci~members: Nnne Abstain: Councilmembers: None Absent: Councilmembers: None ATTEST: , ~ ~ ' City Cler ~ i CA:RMM:rmd1140/hpcal = City Council Meeti.ng 8--7-90 Santa Monica, California RESOLUTION NUMBER $073(CCS) (City Council Series) A RESQLUTI4N QF THE CITY C~UNCIL OF THE CITY OF SANTA MO~+TICA REQUE5TING THE BOARD OF SUPERVISORS OF THE COU~+3'~Y (3F LOS ANGELES TO CONSOLIDATE A REGULAR MUNIC~PAL ELECTION OF THE CITY OF SANTA MONICA TO BE HELD ON NOVEMBER 6, 1990, WITH THE STATEWIDE GENERAL ELECTION TO BE HEL~ ON SAID DATE PURSUANT TO ELECTIONS CODE SECT~ON 23302 WHEREAS, the City Cauncil of the City of Santa Monica has called a Regular Munieipal Election in the City of Santa Monica, .in the Santa Monica-Malibu Unified School. District, and in ~he Santa Monica Community Co~].ege District ta be held on November 6, ~990, far the purpose of elec~ing three members af the City Caunc~~, faur me~bers o~ the Rent Control Board, four members of the Board of Education of the Santa Monica-Mala.bu Unified School District, and four members of the Board of Trustees af the Santa Monica Community College D~strict: and for the purpose of submittinq e~rtain propositions and Charter amendments to the voters of the City af Santa Monica; and WHEREAS, it is desa:rable that the Regular Municipal Electian be consolidated with the Statewide General Election to be held on the same date; that within the City o~ Santa Monica, the Santa Monica-Malibu Unified School District, ~nd the Santa Monica Community College District, the precincts, polling places, and election officers of the three elections be the same; that - 1 - ~ ~ ~ the R~gistrar of Voters canvass the returns of the Regular , Municipal Election; and that the 5tatewide General Election and Regular Municipal Election be held in all respects as if there were only one election, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLIAWS: SECTIDN 1. Pursuant to Elections Code Section 23300, the Board of Supervisors of the County of Los Angeles is hereby requested ta consent and agree to the consa~idation of a Reguiar Municipal Election with the Statewide General E~ection an Tuesday, Navember fi, 1990, for the purposes of the e~ection of three members of the City Council far terms ending in Navember, 1994, three members of the Rent Control Board far terms ending in November, 1994, flne member of the Rent Contro~ Board for a term ending Navember, 1992, faur members of the Board of Education of the Santa Monica-Malibu Unified School District far terms end~.ng Navember, 1994, and four members of the Board of Trustees of the Santa Monica Community Callege District for terms ending November, ~994. SECTION 2. The fol~owing measures shall appear an the ballot and be submitted to the voters of the City of Santa Monica: - 2 - ~ ~ YES PROPOSTTION " " Shall a Beach Overlay District in the ar~a bounded by the Pacific Ocean on the west, by the City boundary on the north, by th~ centerline of ncean Avenua and Neilson Way an the east, and by the City boundary ~p on th~ south and prohibiting hotel, mot~l and certain restaurant development in that District be established? YES PROPOSITION " ." Sha~l a th~ee year Citywide maratorium on hotel develop~aent, a Beach Overlay District in th~ area bounded by the Pacific Ocean on the west, by the City boundary on the north, by the centerline of Ocean Avenue and Neilson Way an the east, and by the City boundary on the south (with certain exceptions}, and NO restricting fifty percent of the transient occupancy tax generated fram hotels in the Beach Overlay District at at 4i5 Pacific Coast Highway ~or clean-up of the Santa Monica Bay and fo~ park improvements be established? PROPOSITION "." Shall the City YES Charter be amended to permit an increase in the maximum allowable rent upon a tenant's volun~ary vacancy of a rent cantrolled ~anit? NO - 3 - s ~ PROPOSIT24N " ." Shall the City Charter be amended to provide for an elected City Attorney? YE~ NO PROPOSITION " ." Sha~l Clty Charter Sections 2001, 20Q2, 2004, and 2009 ba amended and Section 2418 be added ta the City Charter to provide greater tenant protections in the Tenant Ownership Rights Gharter Amendment (TOR~A) conversion pracess and to prohibit canversions not processed pursuant to the TORCA provisions? YES ~Q PRC?P4SITION " ." 5ha11 the City~ Charter be amended ta permit~ cer~.ain specified rent increasesl upan a tenant's voluntary vacaney of ~.ow rent units, to permit certain specified rent increases upon a tenant's voluntary vacancy upon camplet~on of specified items of property maintenance and to enable the Rent Control Board to adapt certain regulations applicable to mobilEhome parks? YES - 4 - . ~ PROPOSITION " ." Shall Section I YE~ 630 be added to the City Charter to require that not less than 30~ af all multifamily-residential ho~sing newly constructed in the City an an annual basis would be NO permanently affordable to low and moderate income househo~ds? PROPOSITION "." Shall the City ~ YES Charter be amended to exempt from the rent control Iaw any property which is part of the State Park System or sovereign tide~ands and owned by the State of California ND on Ju~y 1, 1990? PROPOSITION " ." Shall the YES ordinance approving the Development Agreement between the City of Santa Monica and Pacific Beach Development Limited Partnership for development of a hatel and public community center ~p at 415 Pacific Coast Highway be repealed by the people of the City of Santa Monica? SECTION 3. The Registrar of Voters is hereby authorized to canvass the returns of the Regular Municipal Election which it is hereby requested to consolidate with the Statewide General Election and ~aid election s~all be held in aII. respects as if there were only one election~ and anly one form of ballat sha11 be used. - 5 - ~ ~ ~ SECTIDN 4. The Board of 5upervisors of thE County of Los ~ Angeles is hereby requested to issue instructions to the Registrar af Voters to take any and all steps necessary for the holding of the consolidated election. SECTION 5. The City of Santa Monica recognizes that additional costs shall be incurred by the Co~nty of Los Angeles by reason of this cansolidatian and agrees to reimburse the County af Los Ang~les for any such costs. SECTION 6. The City Clerk is directed to transmit and file a certi~'ied copy af this Resalution with the Baard of Supervisors of the County of Los Ange].es and to the Registrar of Voters. SECTION 7. The City Clerk shall certify ta the adoption of this Reso~ution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: Y W l~V I 1^~'- • ROBERT M. MYERS City Attorney - 6 - ~ ~ Adopted and approved this 7th day of August, I990. ~ ~ ~~ May r I hereby certify that the foregoing Resolutian No. 8073(CCS) was duly adopted by the City Council of the City of 5anta Monica at a meeting thereaf held ar- August 7th, I99~ by the follawing Council vate: Ayes: Cauncilmembers: Abd~~ Finkel, Genser, Jenn~~~s~ Katz, Reed, Mayor Zane Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: None ATTEST: , ~ ~ n ,Ll~[cG . ~ City Cle ~ ~ CA: RNIIuI: rmd1141/hpcal ' City Council Meeting 8-7-90 Santa Manica, California RESOLUTION NUMBER $074(CCS) {City Council Series) A RESOLUTION ~F THE CITY COUNCIL OF THE CITY OF SANTA MONICA REQUESTING THE BDARD ~F SUPERVISORS O1~ THE COUNTY DF LOS ANGELES TO RENDER SFECIFIED SERV~CES TO THE CITY ~F SANTA MON~CA RELATING TO THE CONDUCT OF A REGULAR MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 1990 WHEREAS, a Regu~ar Municipal Election is to be held in the City of Santa Monica on Tuesday, November 6, 1990; and WHEREAS, in the course of conduct of the Regular Municipal Election and in re~ation thereto it will be necessary to mail sample ballots and polling place information to the registered vaters of the City of Santa Monica and the registered vaters in the Santa Monica-Malibu Unified School ~istrict and Santa Monica Community College District lying autside the City of Santa Manica; and WHEREAS, it wi].1 :Eacilitate the mailing of sample bailots it the Registrar of Voters af the County af Los Angeles wi~l make available to the City of Santa Monica the computer record of the names and addresses of all eligxble registered voters in order that labels may be printed for attacha.ng ta self-mai~er sample ball~t pamph~ets; and _ 1 ~ ~ ~ WHEREAS, the City of Santa Monica desires the Registrar vf Voters ta furnish such other election assistance as may be authorized by state law; and WHEREAS, all necessary expense in performing these services shall be paid by the City of Santa Monica, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RES6LSTE AS FOLLOWS: BECTION 1. Pursuant to Elections Code Section 22003, the City Council requests that the Board of Supervisors af the County of Los Angeles permit the Registrar of Voters to pra~ide the fallowing ser~ices to the City to the extent determined necessary by the City Clerk: (1) prepare and furnish to the City of Santa Monica for use in conducting its Regular Municipal Election the computer record of the names and addresses of eligible registered vaters in the City of Santa Monica and in the Santa Monica-Ma~ibu Unified School District and Santa Monica Community College District lying outside the C~ty of Santa Monica in oxder that the City of Santa Monica may print labels to be attached to self-mailer samp~e ballot pamphlets; (2) furnish to the City of Santa Monica printed indices of the voters to be used by the precinct board at the polling place; (3) make available to the City of 5anta Monica additional election equ~pment and assistance according to state law; and (4) such other services as may be provided anrl deemed nacessary to reduce the expense and administrative burden of the election. SECTION 2. The City of Santa Monica shall reimburse the County of Los Angeles for services performed when the work is - 2 - ~ ~ completed and upon presentation to the City of Santa Monica of a properly approved bill. SECTION 3. The C~ty Clerk is directed to forward without de~ay to the Baard of Supervisors o~ the County of Los Angeles and ta the Registrar of Voters a certified copy of this Resolution. SECTION 4. The City Clerk shall certify to the adoption of this Resolution, and thencefarth and thereafter the same sha~I be in fuil force and effect. AFPROVED AS TO FORM: ~~ ~. ROBERT M. MYERS City Attarney - 3 - ~ ~ Adopted and approved this 7th day of August, 1990. ~~r ~ ~"~~ Mayor I hereby certi~y that th~ foregoing Resolution No. 8074(CCS) was duly adopted b~• the City Council of the City ~f Santa MQnica at a meeting thereof held on August 7th, 1990 by the follawing Council vote: Ayes: Councilmembers: Abdo, Finkel, Genser, Jennings, Katz, Reed, Mayor Zane Noes: Counci~memb~rs: Non~ Abstain: Couneilmembers: Nane Absent: Councilmembers: Nane ATTEST: n ~~.L~ `~. '' ``' City Clerl~/ , ~ ~ CA:RMM:rmd11~2/hpcal C~ty Council Meeting 8-7-90 ~ Santa Manica, California RE54LUTION NUMBER 8075(CCS) (City Counci~ Series) A RESOLUTION OF THE CITY COUNCIL 4F THE CITY OF SANTA MONICA AUTHORIZING CERTAIN dF ITS MEMBERS TO FILE WRITTEN ARGiTMENTS REGARDING MEASURES TO BE PLACED ON THE BALLOT AT THE GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 5, 1990 WHEREAS, a General Municipal Election is to be held in the City of Santa Monica on Tuesday, November 6, 1990; and WHEREAS, at the General Municipa~ Election there will be submitted to the qualified electors of the City of Santa Monica City measures; a~d WHEREAS, Electians Code Sectian 5010 et seq. provides for procedures for arguments concerning city measures; and WHEREAS, Elections Code Section 5013 authorizes the City Council, or any member or members of the City Council autharized by the City Council to file a written argument for or against any City measure, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council authorizes the following Councilmembers to fi~e written arguments as foliows: -- 1 - 4 ~ ~ i Save Our Beach Initiative ARGUMENT IN FAVdR OF: None. ARGUMENT AGAiNST: None. Santa Monicans for a Livable Environment Initiative ARGUMENT ~N FAVOR OF: None. ARGUMENT AGAINST: None. Vacancy Decontrol Initiative ARGUMENT IN FAVOR OF: None. ARGUMENT AGAINST: Mayar Dennis Zane, Councilmember Ken Genser, and Councilmember Judy Abdo. Elected city Attorney Initiati~cre ARGUMENT IN FAVOR OF: None, ARGUMENT AGAINST: Mayor Dennis Zane, Cauncilmember Ken Genser, and CouncilmembQr Herb I{atz. TORCA Revisians ARGUMENT IN FAVOR ~F: Mayor Dennis Councilmember Judy Abdo. ARGUMENT AGAINST: None. Rent Contral Pravisians ARGUMENT IN FAVOR OF: Mayor Dennis Councilmember Judy Abdo. ARGUMENT AGAINST: None. Zane and Zane and Inclusionary Housinq ARGUMENT IN FAVOR OF: Mayor Dennis Zane and Counci~membar Ken Genser. - 2 - ~ ~ Sand and 5ea Club Exemption ARGUMENT IN FAVOR aF: Councilmember Christine Reed. ARGUMENT AGAINST: None. Development Agreement Repeal Measure ARGUMENT IN FAVOR OF: Councilmember Ken Genser. ARGUMENT AGAINST: Nane. SECTION 2. Written arguments, not to exeeed 300 words in length, are to be filed with the City Clerk by 5:00 p.m. on August 14, 1990. Arguments so submitted may be changed or withdrawn by the authars until and including the date fixed by the City Clerk after which no arguments for or against the measure may be submitted to the City Clerk. SECTION 3. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in fui~ f~rce and effect. APPROVED AS TO FORM: ~,~9-~.~.J~ ''"~ . R~BERT M. MYERS City Attarney - 3 - ~ i Adopted and appro~ed this 7th day of August, 1990. ~Q~ ~ ~~ Ma or I hereby certify that the foregoing Resolution Na. 8075(CCS) was duly adopted by the City Council of the City of 5anta Monica at a meeting thereof held on August 7th, 1990 by the following Council vot~: Ayes: Councilm~mbers: Abdo, Finkel, Genser, Jennings, Katz, Reed, Mayor Zane Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Counci~members: None ATTEST: Ca~y Cler ~ [ ~ ~-o~~ ~ ~ CITY OF SANTA MONICA INTER-DEPARTMENT MEMORANDUM • ~~~~~ ~~~ AUC "+ 1990 DATE: August 6, 1990 TO: Mayor and Councilm ers FROM: City Clerk ~~ ~ SUBJECT: Revised Resalution 9-A Attached is a xevised resolution which replaces thE words "one general obligatian band issue" in paragraph 2 with "City measures." CEJ:jj jjbb • ~ ~~ ~~ ~;~}~ : 19~0 ~ CA: Rl~+IIri: rmd1142/hgcal City Cauncil Meet~.ng 8-7-9fl ~ Santa Monica, California RESOLUTION NUMBER (City Counci~ Ser~es) A RESOLUTION OF THE CITY CQUNCIL OF THE CiTY OF SANTA MONICA AUTHORIZING CERTAIN OF ITS MEMBERS TD FILE WRI~'TEN ARGUMENT3 REGAR~ING MEASURES TO BE PLACED ON THE BAT•r4T AT THE GENERAL MUNICIPAL ELECTION ON TULSDAY, NOVEMBER b, 1990 WHEREAS, a Genera2 Munici.paZ E3ection is to be held fn the ~ City o€ Santa Monica on Tuesday, November 6, f990; and WHEREAS, at the General M~n~.cip~2 Electian there wi~.3 be surimitted to the qualified electors of ~he City of Santa Mvnica City meas~res; and WHEREAS, Elections Code Section 5010 et seq, pravides for procedures ~or arguments concerning city measures; and WHEREAS, Electi.ons Code Section 5013 authorizes the City Counci~, or any member or members of the City Council authorized by the City Council ta file a written argument for or against any City measure, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE A5 FOLIAWS: SECTION 1. The City Council authorizes the following Councilmembers to file written arguments as follows: - ~ - ~ , Save Ot~r Beach Initiative ARGUMENT IN FAVOR QF: ARGUMLN'~ AGA~NST: Santa Monicans €or a Livable Environment Initzative ARGLJMENT I~i FAVOR OF : ARGUMENT AGAINST: Vacancy Decontral Inztiat~ve AItGUMENT IN FAVQR OF : ARGUMENT AGAINST: E].ected Ci.ty Attornay xnitiative ARGIJMENT IN FAVOR OF: ARGUMENT AGAINST: T~RCA Revisions ARGUMENT IN FAVOR OF: . ARGUMENT AGAINST: _ 2 _ ~ ~ Rent Control Pravisions ARGUMENT IN FAVOR OF : ARGUMENT AGAINST: Inclusianary Housinq ARGUMENT IN FAVOR OF: ARGUMENT AGAINST: Sand and Sea Club Exemption ARGUMENT ~N FAVOR OF: ARGUMENT AGAINST: Development Aqreement Repeal Measure ARGUMENT IN FAVOR 4F: ARGUMENT AGAINST: SECTI~N 2. Written argument~, not to exceed 3Q0 words in lengthr are to be filed with the City Clerk by 5:00 p.m. on August 14, ~990. Arguments so submitted may be changed or withdrawn by the authors until and including the date fixed by the C~ty C~.erk after which no arguments far or against the ~easure may be submitted to the City Clerk. ~ 3 - ~ ~ SECTION 3. The City CZerk shall certify to the adoption of this Resolutit~rt, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: ~9--~7~ w~.. R4BERT M. MYERS City Attorney - 4 - ~ ! ~~ ~-~ ~ ~ ~ f'~ l~ t2 ~- ~ ~~ ( 3 ~ ~ ~ c ~~ ~ ,~ c.?-~ ) /-L-'I' ' ~ ~L:G`a~`r ~ d~ C~ , J ~L ~~~' T~ c~ ; s_ . ~~ ~ ~-~~- :. ~.~ ~..•~ ~ L ~ U ~.L }--r ~' ~L~ ~_` `~~. [t'~.~ ~ ~.i `-v _ Y t_ ; ~~t + ~' r - ~ 1 r r C ..~, r i ;~,r ~.-~ ~;.~.~ ~.-L ~~,..~ 4~~~ ~,~t r.Z ~ ~_~.. ~~ , ; . ~\A ~ R"t1r'1 L~.~~-v i,[!~ C~-"~L~-~ ~yC~~~ ~`/V: ~_f~S_~, t~~f L r ~\ ~~~E~ ~t•~ ~ ~ i l ~ r '~-i 1 I '7 ~ L w~ ~, c~i. ct (~E_c-~C ~ _ ~ ~ ~' ~r~-~-..L.~ cJ- ~. ~~ 1 y Fi-{ ~~u [ LL•`~,r- 4• ]~ i~~'ti' S CL-'1.L J w~.C f ~ c~--~- S\ ~~ ~''~7' ~ Vl~~:t} -t--~ 1 v r ~.~ 4~5~~ i t- ~ J U{ ^L~'•1. ~l ~. ~'-2-J t+J. + "-` l ~ ~ F ~' ~`- t ~-~ - ~ r . I {___ / ~ d~c 'J cS,, ~ 4?~ ~~'1~:..~"~~ C r~4\~ ~..i~v ~_~ fl'~a c~! G~,'~ c C ~' E C ~,~,~ ~c% ~~ Sr~c.~~.u_s_~ ~ti: ,_;:L,; ~~,.~ z ~t~ ~~~-`t~-~`-~'d^ C (~ ~} , ;IS } ) ~i.4!LG"Lf c~~ ~G:;,~ ~j.i{,~,1'~~~ `k' ~ f~ ~_~ f ~-t~.=t`c ~ ~ ~-KLu L~ ` r ~ ~~..~..L~:~~ ~C2ti.~ ~__~ ~ ~ ~-~:t~. .,~~r11~ ~ -,~~-~.t. ;.t~~~.l~ ~ ~,~ ~ ~ L~. ~-., c ~ ~~_ ~. ~. ~ ~ ~~ ~ ~ -~ ~ i ~ _ _ ;'- -, ! ~:. L - ,~ , , . ~ ~ 'J-<-L.-.r-c ai, ~-r ~ c~ #, u -. ~~~..I ~ / r G f ~ ~ {~ ~ - ~ ~ ~ ~C~ L-t!~ L_ ~'[s U` ~ i ~ ~ htit j..~ `i"'~ ~C~, l,~`t:4 1.~-'~ ~vi~ i,~ lfc~' t..- ~-~{ ~'~~lt ~,~-!~.~-+-~~Z. C!C 7~~` Ci G~.. cc ct , i ~ ~ , ~ ~1 :~ ,~~,~ 4 - .~ ~ ~` F ,~ u: l., 4~~ u(_ i ~ 6'4'~ L~~ :...t~ [ C~L-=~-~~ nL~ x:,-~., ~~~-'t'-4~ ~ -y- ` ~ ~ l Y'L ~~ ~ ~ L~ :~, ~-~u I~ ~ ~[~ ~ O ~f ~- ~l l~ ~ l3lr ~ L 1 ; ~ 9~-~-~" I~ ~ t v ~ _ ~ ~`'4' ~L-~. _\ t~ I., ; ~ ~ 1 / i • ~'}I `` u~ ~ iR. ~~ [ Ylt...~ ~ Y +~. ~~ ll~ ~7 1' ~ '~ L~ ~ ~ ~-L~ f ~, i._ ` U c= j ~ i ~ ~ 7 ~ ~ ~' ~. ~~.~..~~ ~ ~-~ ~ l~ v:.. ~~ i_ ~~-,. ~ - ~~. ~, ~ ~,.~ j ~. ~ ~ ~l _, ~ ln- [ E =,~ ~c~ ~ n ~ C~.1 , `, ~ 2 ~ ~, ~ f ^^ LAN~T 2001 Wilsture Boule~ard, Smre SQS DD ~~~~ ~~- Santa Mon~ca, Cahfornia 904~3 TEL (213) 453-4656 F~x ~213) 829-6~88 ~ ~~ ~~ ~~~ ~ ~ss~ Supplementa]. In~ormat~n for ~Ite3tn''~{A) Auqust 6, ~99p MEMORANDUM TO: MAYOR AND CITY•~OUNCIL F'ROM: GARL J. LAMBERT SUBJECT: COST ESTIMATES FOR SPECIFIED RENTAL UNIT MAINTENANCE ITEMS Ci~.y ~ta£f recently submitted a report detai].ing cost estimates for specific rental unit maintenance items. Whi1e staff d~d a~ adinirable ~o~ considering the tim~ constraints placed upon them, they fa~led to take into account several key fac~.s which were submittad by my company. First, ou~ cost estimates were for a 483 square foot apartment. There are only two windaws which require windoGr coverinqs, and, of course, th~ amaunt of carpet baing necessary to cor~p~ete those units is less than requi~ed for the 600 square foot "average apartment" far ~rhich you requested information, Therefaxe, all af the cos~ estimates for Lambert In~estm~nts, Inc. must ~~ rev~sed upward, Second, since the impasition of rent cantrol, the leng~h of tenure af a typical 5an~a Mona.ca res~dent has increasedo 7~h~ cost ~o rehabilitate units increases as the length af tenure increases. On one recent mflve-ou~, th~ tenant had laeen in the unit for over Z4 years, and th~ cost to rehabilitate that unit vras ov~r $1,94~,00. In the las~ 12 months, this property has had four units came avai~abZe which needed major rehabilitation. It ~.s zmportant for you to take into cansideration an averaqe af both the best case and the worst casa scenar~.os. Attached hereto i~ a copy of the repart which we submitted to Nancy West. If you have any questi~ns abaut th~ faregaing, X woulc~ be happy to answer them. Respectfully submittad, '~; ~~' y~-'. ,~ t~ ~~~~`~ Carl S. Lambert President Enclosures RehabCCl . Fir33 C\La~r ~~ ~ ~ ~ f~-~, ~z . Y ~-~- ~ ~1 R~IG ~ ~990 << t~ ~ c t~ ~-~~ ~~ ~ ~` `` ~ ~' ~~-f In~estmem Properties-Brokerage, Management, Syndication DD L~~ ~ DD ~`'~~~, ~~. 2001 Wilshire Boulevard, Suioe 505 Santa Maaica, Cahfornia 94403 T"EL (213) 453-96i6 F4X i2131829-6268 July 27, 1990 Nancy 6dast H~using Pragram I~Ianag~r Department of Cammunity and Econonic Development 1685 Main Street, w206 San~a T•Tonica, CA 90a01 VIA FAX t39~-2962 RE: YQUr memo July 26, 1990, Cost Estimates Rental Mazntenance Dear P~s . Z~est : PZeas~ find attached t~ro estimates of recently rehabilitated one-bedraom units in a Santa 1~onzca property. These nur~bers are current as both af the units used as examples have been done in the last 9-month perzad. one example ~s a one-bedronm apartinent srio~~Ting ~omina~ turnaraund and costs. Another example is that of a years by one t~nant. I1 0~ those In the course of appraxima~eZy 12 ~re have had 4 of these major reha t~~ant to rev~e~a the pho~ographs of really tak~~ to br~ng these units standards. one-bedroo~ unit occupied 14 y~ars ~rere under Rent Control. months in this saMe prapertv, bilitatian units. Should yau those units to see what it back to ce~rrent. liveable These are average costs as ~.ell as extra casts far t:~hich the enclosed breakdotvns ar~ included. Pdone af the costs invol~ing raanagenent exp~nses~ lass of revenues, handling costs, suppl~.t transportation cost~, major app~iance or sales tax~s are inc~ude~. Very truly yours, .~ ;, t ;, ~;. ~~-~ , ~ ~ Bill Lloyd Resident Manager I~vcstrnent Propesties-Brokeragc, 1~Ianagement, Syndication s ~ Subject: Apt.483 sa. ft. Total Rehabilitatian *Additzonal catec~ories CC~ST ESTIN~AT_F_,S FC'R R~'I~mAL U`~IT ?~AINTFNCF t,T1~~IT DESCRIPTYOrT: IBR; ~.BA; E00 s, f. kitchen/eatinq area; LR COST TC~ CC~NMPLFTE THE FOLL{~i•~7INC' ~~'C~RK : Item A}. Paznt all waYZs *l. Paznt a11 ce~ling, Fill hol.es *2. Clean filljrepair zaall.s *3. Paint ar refinish exzstina cabinets ~4. Replace Bifold doors. h4irrored 6'0"X6'8" Sl~der5 B). Clean existina carpeting *I. Clean and dye aI~ carpet C). Renlace existing c~.rpetina L). Clean unca~pete~ flaors *Z. Replace vinyl, kitch~n and bath E) . Rep]..~.ce wYndow coverinc~s *~. Remove old C'enetian curta~ns Renlace with modern horizonta~ mini bl~.nds- 2 wir_dows *2. 3 windows ~4 winc.'ows F). Replace old co~nter/replace old kitchen sink G) . Rema~,re ~ld to~let. Replace with SA?OLO f.~ush *l. Repl.aster/paa.nt ba~h taalls ~2. Clean old shower doo~s lA 1S *3. Remo~~e old shawer doars. Replace ~nri~.h rad curtazns *4 . Remo~7e old Sr10GJE~' doars . Fe~lace ~rith new sliders I). k~mave/Repaa.r Kitcnen Faueet *1. Bath Faucet *2. Bath Sznk *3. Labor F•stirnate Basis ($/iter~, etc. } 5500-$55Q Paint $250 $$0 Paint 5120 $15fl $ 60 S~2Q Labor $0 Sp Door $198 $fl $0 $a $o 5483 Carpe~$483 ~0 $0 SC'- $19U Sd 50 $20 $n $0 $0 5195 $a $100 Lak~or Top $50 5ink S50 51Q~ Labor $30 5250 Labor Dry~7a~ZS6~ $0 Plaster$50 sa $o ~ 0 Door $ "/ 0 Labor $30 S4 Faucet$30 SO Faucet~2$ $0 Sink $48 SO Labor $60 ~ J). Remove/Replace bath tr~m, shower head , tub spo~.~t/stop *l. Sath valves *2. Labor K). ?~iscellan~ous Lockse-t Total Cost sa $~ $o SO $2 , 066 ~ s46 $2$ $40 Lock s $1.3 Labor S10 $1,944 Pl~ase see attached cover letter ~or cornment. ~ ! l~ote: Basis set on r~cently rehabilztated ur_it 19~9 vacated after 8 mos. occupancy by a~emale sinale person. * Items performed CnST E~TI^~IP_TFD PQP RF~,T~AL LTNZT P~AII~TTFDTAI~TCF UNI'T DESCR~PTION: 1BR; 1BA; 600 s.f. kitcher_/eating area; LR CQST TO C~MPLETE T~E FOLLOZ~~7T:~?G L•'~JPK : I te~r F s ~imate A). Paint a~l r,aalls/Pill ho~es $150/*$200 B) _ Clean exist~ncr carpeting $50- (85) C). Replace existing carneting $483.00 D). Clean unearpeted floors *S 25.00 E). Replace window coverings ~109.00 2 windows N1~ni blinds cleaned only *$ 24.OQ Total Cost: 5214.L0 Basis (S/~tem, etc.} Labor paint=~5G.00 Comments: General kitchen/bathraom cleanun/windows Refricrerator 540-*$65 • ; % ~ t ~ ~ ~ o ~ - o~s ~u~ z 4 ~~go CA:RI~+i: rmd1138/hpcai cit~- ~ouncil ~eeting ~-2~-9o santa Monica, eali~orni~~~ ~ ~ ~99Q STAFF REPORT T0: Mayor and City Council FROM: City Attorney SUBJECT: Resoiutions for Regular Municipal El~ctian to be Held on November 6, 1990 This Staff Repart transmits to the City Counci~ four resolutions for adoption in connection wi±`- _~ Reg~lar Muna.cipal Election to be held on Nov~~r-ber 5, _._ ~= The gurpase of each resolution is c3iscussed below: 1. Resolution Submittinq to the Voters Eiqht BaZlot ARc~ ciiroc This Resalutian submits to the voters the followxng ballot measures: a. An initiative qua~ified purs~ant to Elections Code Section 40~0 et seq. establishing a beach overlay district in the area bounded by the Pacific Ocean on the west, by the City boundary an the north, by the centerline of Ocean Avenue and NEilson Way on the east, and by the City boundary on the sauth and prohibiting hotel, motel and certain restaurant devela#-.~nt in t~at district. b. An initiat~.ve qualified pursuant to Elections Code Section 4000 et seq. establishing a three year Citywide moratorium on hotel development, establishing a beach overlay ~~ ~ - ~ ~ .~ u ~ ~ ~ 1~~0 ~r~ ~ ~ ~~s~ ~ i . . district in the area bounded by the Pacific ocean on the west, hy # the City baundary on the north, by the centerline of acean Avenue and 33eilson Way on the east, and by the City boundary on the sauth ~with certain exceptions), and restricting fifty percent af ths transient occupar,cy tax generated from hotels in the beach overlay district and at 415 Pacific Coast Highway for clean-up of the Santa Monica Bay and for park improvements. c. An ~nitia~ive qualified pursuant ta Elections Code Sectian 4U80 et seq. and Gavernment Code Section 344~0 et seq. amending th~ ~ity Charter to permit an increase in the maximum allawable rent upon a tenant's voluntary vacancy of a rent ctsntrol~ed ~na,t. d. An initiative qualified pursuant to Elections Code 5ect~an 4080 ~t seq. and Government Code Section 34450 et seq. amending the Charter af the City af Santa Monica praviding far an elected City Attorney. e. A proposal submitted by the City Counci~. pursuant to Government Cade Section 34459 amendinq the Chartar vf the City of Santa Mo~ica providing greater tenant grotectians in the convErs~an process and adding Section 2018 to the City Chart~r prohibiting conversions not pracessed pursuant to the Tenant Ownership Rights provis~ons. The City Counci~ previous~y approved the text of this measure, wi~h the exc~pti.on of Section 2018, at its meeting on Ju1y 3, 19g0. ~n June I2, 1990, the City Cauncil directed the City Attorney to prepare a ballat measure to prohibit non-TORCA conversions, Section 2a18 has heen drafted to accomplish this direction. Because it relates to the TORCA Iaw, it has been _ 2 ~ • ~ ~ ~ , added to the aiready approved TORCA amendments to eliminate the ~ need for an additional ba~~ot measure. f. Proposal slbmitted by the City Counci3 pursuant to Government Code Section 34459 to make revi~ions in the Rent Control Law. ~ At ~fiis ~3~ne, the text of the ballot title and the text of the measure are not contained in the acco~panying resolutions. Appendix I to this Staff Report contains three alternative versions of a measure to submit to the voters. In ~iqht of the discussian at the July 19, 1994, joint ~eting of the City Council and Rent Control Board, further direction to the City Attorney is required in orc3er to draft a measure that will m~et the ohjectives of the City Counci~. g. Proposal submitted by the City Council pursuant ta Government Code Section 34459 ta require that 30~ of all new multifamily housing constructed in the City be affnrdable *a law and moderat~ income persons and fami~ies. This measure was requested at your Ju~y 3, 1930, meeting. h. Proposa~ submitted by the City Council pursuant to Go~ernment Code Section 34459 amending the Charter af the City af Santa Monica providing for the election of City Co~ncilmembers fram each of seven districts instead of City-wide vot~ng, setting the boundaries of each Council district, l~:~itinc~ the term of Councilmembers to na more than two consecutive terms, and providing for a run-off election. The City Council will decide, in cvnnectian with Agenda Ttem 7-B af the Ju~y 24, 1990, meeting, whether ta place this measure befor~ the voters. - 3 - ~ i e y 2. Resolution Authorizinq Members„ of the City Counexl to ~ Suhmit Argument~ Concerna.nq Various Propositions. The purpose of this Resolution is to give members Qf the City Council an apportunity to submit arquments in favor of or ~ainst the eight pr~ositians to be submitted to the voters. By ~~rtue of E~.ect~.~~s Cc~de Section 54~6, the Ci~ Council or i.ts members authoriaed by the City Council have priority a.n submittzng arguments in favor af or against a bal~ot measure. If the City Council desires to permit its members to submit arguments a.n fav~r or or against any proposition, the members sa authorized should be inserted in Secti.on 1. Elections Code Section 5014.5 autharizes the submittal of rebuttal arguments if the legislative body, not later than the day ~n which it calls ar_ election~ adopts the provisions of Elections Cade S~ction 5U14.~. In connection with the 1981 General Muricipal Election, the City Council adopted Resvlution Number 618A~ ~eCS} adopting the provisions of Electians Code Section 5Q14.5. The resolution provided in Section 2: "That the provisions of Section ~ shall apply at the next ensuing municipal election and at each mur~icipa~ election thereafter, un~ess repealed by the legislative body." Thus, un~ess the City Council repeals Resoluta.on Nus~~a~r ~~8~ (CCS), the authors of the argument i.n favor of an~ gropositidn wil~ be perrnitted to prepare a ~ebuttal ta the argument against such praposition and the authors of the argument against any propositivn wil~ be gern~itted to prepare a rebuttal to the argument in fa~or af such proposition. - 4 - r ~ • 3. Resolutian Requestinq Consolidation of Electi.on. y This Resolutivn requests the Board of St~perva,sors to conso~idate the Regular Municipal Election with th~ statewide direct primary election. 4. Resolution Requestinq Election Services from Caunty. This Reso~ution authori2e~ the City Clerk to request various election services from the County to assist in such tasks as distributing sample ballots. RECOMMENDATION ~t is respectfu~Zy recommended that the City CounciZ take the following actions after deciding which City Council initiated ballot measures should be placed before the voters: 1. That the City Council adopt the Resolution submitting to the voters various ballat measures. 2. That the City Cauncil adopt the Resolution authorizing members of the City Counci~ to ~ubmit arguments concerning the various propositions. 3. That the C~ty Cauncil adopt thE Resolutian requesting consolidation of the election. ~. That the City Council adopt the Reso~ution requesting election servic~s from the County. PREPP.RED BY: Rabert M. Myers, City Attorney - 5 - • ~ , GA: Rt~! : rmdl ~ 39/hpca 1 Ci.ty Council Meeting 7-24-90 Santa Manica, California 3 RESOLUTION NUMSER (City Council Series) A RESOLUTIDN OF ~'H~ CITY G~UNCIL OF THE CITY QF SAtrTTA MOAtICA SUBMITT22+FG TO THE VOTERS EIGHT BALLAT MEA5URES AT TIIE REGUi~AR MtJNICIPAL ELECTI4N TO BE HELD ON TUESDAY, NOVEMBER 6, 199Q • WHEREAS, on July 10, 199Q, the City Counci.l adopted Resolution Nu~ber 8056 {CCS} calling for and giving notice o~ a Regular Municipal Election on November 6, ~99D; and WHEREAS, two initiatives have qualified for the ballot pursuant ta Elections Code Sectian 4040 ~t seq.; and WH~FtEAS, two initiativQS to amend the Czty Charter have qualified far the bal].at pursuant to El.ections Code Section 4080 et seq. and Government Code S~ctian 34450 et seq.; and WHEREAS, the City Council desires to sub~ni'~ ta the voters, pursuant to Go~rernment Code Section 34459, four proposed amendmer.ts to the City Charter, N~W, THEREFORE, THE C~TY COUNCIL OF THE CITY 4F SANTA MONICA DOES RESOLVE AS FQLLOWS; _ ~ _ i ~ ~t SECTION ~. At the Regular Municipal Election called for Navex~ber 6, 1990, tha fol~owing proposition shall be submitted ta the qualified electors of the City of Santa Monica: YES PR4POSITION " ." Sha~l a Seach Ouerlay District in the area bounded by the Pacific Ocean on the west, by the City boundary on the north, by the centerline of Ocean Avenue and Neilsan way on the east, and by the City boundary NO on the ~outh and prohibiting hot~l, motel and certain restaurant deve~opment in that District be established? The City Clerk shall cause the text af the propvsition, which is contained in Exhibit 1 attached hereto and incorporated by reference, ta be mailed to all quali~ied vaters with the sa~pl~ ballot. In addition to other notice~ and pubJ.ications required by law, the City Clerk, not less than 4fl days and not more than 5~ days before the Regular Municipal Election, shall cause the text of the proposition to be published once in the official newspaper and in each edition thereof de~ring the day of publication. .. 2 _ ~ ~ SECTION 2. At the Regular Municipal Election called far Novembez~ 6, 1990, the ~ollowing propasition shaZl be aubmitted ta the qua~ified electars of the City of Santa Monica: PROPOSITION ." Sha~l a three YES year Citywi moratorium on hotel develapment. a Beach Overlay Distric~ in the area bounded by the Paci~~c €~cean on the west, by the Gi~y ~o~nc~ary an the north, by the centerl~ne of Ocean Avenue and Nsilson Wa~ on the east, and by th~ City boundary an tha sauth (with certain exceptians), and ~~ r~stricting fifty percent of the transient occupaney tax generated from hotels in the Beach Overlay District at at 415 Pacific Coast Highway for clean-up of the Santa Monica Say and for park improvements be established? The City Clerk sha7.1 cause the text of the proposition, which is contained in Exhibit 2 attached hereto and incarpvrated by reference, to be mailed to all qualified voters with the sample ballot. In addition to ather n~tices and publications required ,~y law, the City Clerk, not less than 40 days and not more than 60 days before the Regular Municipal Election, shall cause the text af the propositian to i~e published ~nce in the offxcia~ newspaper and irt each edit~an thereof during the day af publicatian. ~ - 3 - i • SECTION 3. At the Regular Municipal Election called for November 6, 199Q, the fallowing propositian sha].1 be submitted to the qualified electors of the City of Santa Monica: YES PROPOSITION " ." Shall the City Charter be amended to pernait an increase in the maximum allowable rent upon a tenant's voluntary ~~ vacancy of a rent controlled unit? The City Clerk shall cause the text of the praposit~on, which is contained in Exhibit 3 attached hereto and inccrporated by re€erence, to be mailed to alI qualified voters with the sample ballot. In addition to other notices and publications required by law, the City Clerk, not less than 40 days and not more than 6~ days before the Regular Municipal Election, sha].3~ cause the text of the praposition to be published once ~n the o€ficia~. newspaper and in each edition thereaf during the day of publication. - 4 - ~ • 5ECTION 4. At the Regular Municip~~ E~ection called far Novem2~er 6, 199D, the fallawing propositian shall be submitted to the qualified electors of the City of Santa Monica: PROPOSITION "." Sha13 the City YES Charter be amended to provide for an elected City Attorney? NO The City ClerK shal~ cause the text of the proposition, which is contained in Exhibit 4 attached hereto and incorporated by reference, to be mailed to a11 quaZified voters with the sample ballot. In additivn to other notices and publications required by law, the City Clerk. not less than 40 days and r~at more than t,0 days before the Regular Municipal Electian, sha13 cause the text of the propositian to be pubJ,ished once in the official newspaper and in each pdition thereof during the day of publication. - 5 - ~ ~ . SECTION 5. At the Regular Municipal Election called ~or Navem]~er 6, 1990, the following proposition shall be submitted to the qualified e~ectors of the City of Santa Mvnica: YES PROPOSYTION " ." Shall City Charter Sections 2001, 200Z, 2004, and 2~09 be amended and Section 2018 be added to the City Charter ta provide greater tenant protections irt the Tenant Ownership Rights Charter Amendment ~;p (TORCA) conversion process and to prohibit conversions not pracessed pursuant to the TORCA provisions? The City Clerk shall cause the text of the proposition, which is contained in Exhibit 5 attached hereto and incorporated by referen~e, to be mailed to all qualified voters with the sample ballot. In addition to other notices and publications required by law, the City Ciark, nflt less than %" t nat more than 60 days be~ore the Regular Municipal ~.iec~ion, shall cause the text Qf the proposition to be published vnce in the official newspaper and in each ~dztian thereof durir-g the day of publication. - 6 - ~ i SECTI4N 5. At the Regular Municipal Election called for November 6, 1s94, the fol~aw~ng praposition shall be submitted to the qualified e1~~tQrs of the City of Santa Manica: FES PROPOSIT~ON ~ ." Sha~l [insert the text of rent cantrol ballot measure selected by City Council]? ~~ The Cit~r Clerk shall ca~se the text of the prapositian, which is contained in Exhibit b attached hereto and incorporated by referenee, to be mailed to all qualified voters with the sample ballot. In additio~ to other notices and pub~ications required by Zaw, the City Clerk, nat Zess than 4Q days and not mor~ than 60 days befare the Regular Municipal Election, shall cause the text of the proposition ta be publ~shed once in the afficiaZ newspaper ar~d ~n each editian thereof d~ring the day of publ.ication. ~ - 7 - ~ • SECTION 7. At the Regular Municipal Election called for November 6, 1990, the follawinq proposition sha~l be submitted to the qualified electors of the City of Santa Monica: YES PROPOSITION " ." Shall Secti.on b30 be added to the City Charter to require that not less than 3Q~ of all multifamily-residentia~ housing newly constnxcted in the City on an annual basis would be NO permanentl~r affordable to low and moderate income persons and families? The City Clerk shall cause the text af the proposition, which is cantained in Exhibit 7 attached hereto and incorporated by reference, to be mailed to all qualified vaters with the sample baJ.lot. In addition ta other natices and publicatians required by ~aw, the C~ty Clerk, not less than 40 days and not more than 6D days before the Regular Municipal Electian, shall cause the text of the prflpasition ta be published once in the afficial newspaper and in each edition thereof during the day af publication. - s - ~ ~ SECTIDN 8. At the Regu~ar Municipal Election ca~led for November 6, 1990, the following proposition shall be submitted to the qualified electors of the City of Santa Monica: PROPOSITION "." Shall the City Y~S Chart~r be amended to elect City Councila~~rers f~o~tt each of seven districts ins~.ea~d of City-wide voting, to set the boundaries of each Council district, ta Iimit the terms of Counci~members to no NO more than two cansecutive terms, and to pravide far a run-aff electian? The City Clerk shal~ cause the text of the proposition, which is contained in Exhibit 8 attached hereto and incorparated by reference, to be maiZed ta al~ qualified voters with the sample bal~ot. in addition to other natices and publicati.ons required by ~aw, the City Clerk, nat less than 40 days and not more than 60 days before the Regular Municipal Election, shall cause the tex~ of ~.he proposi~ion to be published once in the official newspaper and in each editian thereaf dur~ng the day of publication. - 9 - i i EXHIBIT Z ~ ~ ,. - SECTION 9. The provi$ions of Resalution Number 8055 (CCS) are referred to for more particulars concerning the Regular Municipal Election to be heid on No~ember G, 1990. SECTION 10. The Ca.ty Clerk shall certify to the adoption of this ResoZution, and thenceforth and thereafter the same shall be in ful~ force and effect. APPROV~D AS TO FORM: l.,i~ • ROBERT M. MYERS City Attorney - 10 - ~ ~ o ~ /l~ ~ l~~ S E P 2 b 1989 CMD FIN ymk sobsmle City Counci~ Meeting: September 26, 1489 TO: Mayar and City Council FROM: City Staff Santa Manica, Califarnia SIIBJECT: Information Cancerning Ballot Initiatives Sponsozed by Save Our Beach (SOB) and Santa Monicans for a Livable Environment (SMLE} Committees This is to provide a.n£ormatian requested by the City Council on Augus~ 22, 1989 concerning the cos~s of various election alternatives, estimated City revenue impacts and changes in land use policies associated with the ballot i.nitiatives sponsared hy the Save Our Beach (SOB} and Santa Monicans for a LivabZe Environment (SMLE) Cammit~ees Election Alternatives On August 22, 1989 and Septem~er 5, 1984, the City C1erk reported to the City Council that the SOB and SMLE initia~ive petitions, respectively, each contained valid signatures representing more than 10~ but less than 15$ of the registered voters in the City of 5anta Monica. Therefore, according to Section 4011 of the Elections Code, the City Gouncil may ca].1 an election for both initiatives at a special electian or consolidate them with the June 1990 primary election, or must place the matters before the voters at the next consolidated general electi.on in Novembez, 1940. Based on the cosCs of elections last 3une and Novembez, and limi~ed information currently availahle from the Los Angales County Registrar-Recorder's Offiee, the following are estimates of the three elec~ion alternatives available to the City for voting on the initiatives: ~~_~ SEP 2 5 1989 - 1 - ~ , Election Alternatives Estimated Cost Special Election $116,800 Consolidated June Primary $109,400 Consolidated November General $ 8$,975 Cost de~ails are shown at Attachment A Estiinated Revenue Impacts Attachments B and C are the City Attorney's ballot summaries of the SdB and SMLE iniriatives. Based on the provisians of each initiative and the City Attorney's summaries, City Staf£ have estimated the direct revenue impact of each initiative Due to time limitatians, it was not possible ~o determine if additiona2 service costs wauld be generated by either initiative The estima~ed revenue impacts are summarized as fol~ows and detailed at Attachments D and E. -- SOB Initiative - This initiative prohibits the future development of hatels/motels, and restaurant/food service facilities of more than 2,Ob0 sq. ft. and/or one story in height in a proposed Beach Overlay District. This means that the new hotel developments at 41$ Pacific Coas~ Highway and at 1746 Ocean Avenue might nat occur (either of rhese projacts cou~d proceed if it was determined that they have a vested right prior to passage of the initiative) Should these twa new hotel developmen~s not occur because of the passage of this initiative, the City would lose approximately $3.5 millian/year in direct revanues -- SMLE Initiative - This initiative prohihits citywide for three years any hotel development proposed after May 15, 1989, exempts the new hotel developments at 415 Pacific Coast Highway and 1746 Ocean Avenue, and specifies tha~ for the next 10 years, 25~ of Transient Occupancy Tax revenues derived from facilities located in a proposed Beach Overlay - 2 - Aistrict be used anly for cleaning up the Santa Manica Bay and 25$ be usad only far improvements to Palisades Park and City-wide parks ~aintenance and acquisition As a result of exempting the two new hotel developments, the City would realize a direct revenue of $3.5 million/year of which in the first year $1 2 millian would be earmarked for bay clean up and parks (one-ha~f far each purgase) In addition, appraximateZy $.8 ~iZZian, representing 50~ of Transient Occupancy Taxes ~rom othex hotel/motel facilities in the proposed Seaeh Overlay District, would also be earmarked for these sa~e purposes. Chan~es in Land use Policies Both initiatives were analyzed by City Staff by comparing them to the fallowing documents: the Zoning Ordinance (adopted Sep~ember 1988), the Land Use Element (adopted October 1984); the ~and Use PZan of tne Local Coastal Pragram (June 2986j; and the Santa Monica 5tate Beach Resource Management and Development Plan (approved by the City Council September 27, 1983) The following summarizes the xesults of these analyses. The details of each analysis are at Attachments F and G. -- 50B Initiative - In general, this initiative is consistent with existing land use policies excep~ those policies that relate to visitor acco~nmodations and uses in the coastal area. Further, ~he initiative will ~imit future additions of new uses in all the a~fected zoning districts -- SMLE Initiative - In general, this initiative is consistent with existing ~and use policies except those policies that relate to visitor accommodations and uses in the coasta~ area. Further, the YnftiatYVe wi11 li~it futiure additions of new uses in all the affected zoning districts. - 3 - Recommendation It is recommended that th~ City Council receive and review this report, and determine when the SOB and SMLE initiatives would be placed on the ballot Prepared ~y: Clarice .Tohnsen, City Clerk Mike Dennis, Director of Finance Paul Berlan~, Director of Planning - 4 - ATTACHMENT A ESTIMATE 4F COSTS OF ELECTION ALTERNATIVES Special Election (2 Initiatives) Cansolidated June Primary (e) (2 Initiatives) Consolidated November General (3 Council Seats) 2 Initiatives Administration/ Personnel~ai $10,000 Postage 8,300 Legal Advertising 2,500 Election Cansultant~b} 44,400 County Rega.strar/ Recorder Signature Verificatian 40,o00~C3 County Registrar Recorder Services: A) Voter Pamphlet -0- B3 Other County Services 5,Opp Precinct Workers/ Polling Place Rentals 7,000 Candidates Statement N/A $1~6,800 $2,000 * * * 34,OQ0 40,a0dtd~ 33,40D * N/A $109,400 $6,000 * * * 34,000 20,OQ0 22,775 * 6r200 $88,975 Notes• * Cost included with "ather County Services". {a) Represents City staff overtime costs and casts of additional as needed personnel. (b) Includes costs of votor pamphlet printing services which are norma~ly provided by the County Registrar-Recvrder. (c) Cost also includes absent vot~r signature verification. - 1 - {d) Costs are about dauble due to requirement to print partisan ba~lots. (e) Should there be a Rent Control Board vacancy at this time, the City would incur additional costs. However, it is not possible to estimate these additional costs at this time. (eocoea) - 2 - ATTACHh1ENT B BALLOT TITLE AND SUMMARY PREPARED BY THE CITY ATTORNEY AN INIT~ATIVE ESTABLISHING A BEACH OVERLAY DISTRICT IN THE AREA B~UNDED BY THE PAGIFIC OCEAN ON THE WEST, BY THE GITY BOUNDARY ON THE NORTH, BY THE CENTERLINE OF OCEAN AVEIdUE AND NETLSON WAY ON THE EAST, AND BY THE CITY BOUNDARY ON THE SOUTH AND PROHIBITING H~TEL, MOTEL AND CERTAIN RESTAURANT DEVELOPMENT ZN THAT DISTRICT This initiative seeks to establish new restrictians related to certain types of commercial development along the coastline in Santa Monica. It seeks to accamplish this purpose by establishing a Beach Over~ay Distrie~ which includes the area bounded by the Pacific Ocean on the west, by the City boundary on the north, by the centerl,ine of Ocean Avenue and Nei~svn Way on the east, and by the City boundazy on the sauth. The Beach Overlay District expressly excludes the Santa Monica Pier platform and 14a,00a square feet of new development on the platform. However, by its terms, the Beach Overlay District does not include that portion of the 5anta Monica Pier that extends into the Paci~ic Ocean. In addition, the ina.t~at~ve expressly exeludes from the Beach D~erlay ~istrict the area bounded by the Pier on the north, by the centerlin~ of Ocean Avenue on the east, by Seaside Terrace vn the south, and by the Pramenade on the west. This measure proposes to amend the City's Zoning Ordinance lay prohibiting hotels and motels in the newly established Beaeh ~verlay District. The measure also prahi.bits restaurants of mare than 2000 square feet or exceeding one story in height in the Beach Overlay District. F~nally, this initi.at~ve wou~d amend the Zaning ordinance to prahibit the demolitian or replacement af any recreational building ar area within the Beach Overlay District except where the building ar area were rep~aced by open space or by a substantiaZly similar recreationa~ use or uses. The measure also requires that any land ~se p~an or local coastal and that the measure b~ submitted Coatmission to the extent required by its contents be included in program adopted by the City to the California Coastal law. ~1609a/hpc _ ~ .. ATTACHMENT C BALLAT TITLE AND SUMMARY PREPARED BY THE CITY ATTORNEY AN IN~T~ATIVE ESTABLISHING A THREE YEAR CITYWIDE MORATORIUM ON H~TEL DEVELOPMENT~ ESTASLISHING A BEACH ~VERLAY DISTRICT IN THE AREA B~UNDED BY THE PACIF~C OCEAN ON THE WEST, BY THE CITY BOUNDARY ON THE NQRTH, BY THE CENTERLINE OF OCEAN AVENUE AND NEILSON WAY ON THE EAST, AND BY THE CITY BOUND.ARY ON THE SOUTH (WITH CERTAIN EXCEPTIONS), AND RESTRICTING FIFTY PERCENT OF THE TRANSIENT OCCUPANCY TAX GENERATED FROM H~TELS ~N THE BEACH QVERLAY DISTRICT AND AT 415 PACIFIC COAST HIGHWAY FOR CLEAN-UP QF THE SANTA MONICA BAY AND FaR PARK IMPROVEMENTS This initiative seeks ta accomplish severei7. purposes ~elated to hotel develapment and the use of certain City funds attributable to such development. The initiative establishes a three year c~tywide moratorium on hotels propased after May 15, 1989, exempting certain specified hote~ projects. A s~udy i.s to be performed during those years to determine whether and what further hotel development should be permitted in the City. The initiative creates a Beach Overlay District which includes the area bounded by the Pacific Ocean on the west, by the City boundary on the north, by the center3ine of Ocean Avenue and Neilson Way on the east, and by the City boundary on the south, The Beach Overlay Distri~t expressly excludes the 5anta Manica Pier, the area bounded by the Pier on the north, by the centerline of Ocean Avenue on the east, by Seaside Terrace on the South, and by the Pramenade on the west (the intended sa.te for a Santa Monica Pier parking structure), and 415 Paci€ic Coast Highway (the a.nter~ded si~e af the proposed Santa Monica Beach Hotel}. Within the Seach Overlay District, the City's development standards are madified in several respects. Conversion of existi.ng buildings to hotels is prohibited throughout ~he District. In the R-4 portion o~ the District, the height limit is reduced from four stories, 45 feet, to three stories, 35 feet. In the R-3 portion ot the District, the height limit is reduced from three stories, 40 feet, to two stories, 30 fe~t. Within the area currently zoned Residential Visitor Commercial (~'RVC~'j, the initiative allows restaurants with 5a seats ar fewer which do not serve a3.cohol tv ~-emain permitted uses while requiring restaurants in the RVC District contain~ng over 50 seats ar serving alcohol to obtain conditional use permits. The initiati~re earmarks fifty percent (50$) of the transient occupancy tax monies collected by th~ City Prom hotels in the Beach ~verlay District and fram the propos~d hotel at 415 Pacific Coast Highway far expenditure on c~ean-up of the Santa Monica Bay - 1 - and on improvements to Palisades Park, park maintenance and acquisition citywide until the year 200D. The measure alsa requires that its cantents be included in any land use plan or lacal coastal program adopted by the City and that the measure be sub~itted to the California Caastal Co~mission ~o the extent required by law. 11631/hpc - 2 _ 9/18/89 Sa~e Our Beach Im Eiat~ve ------------------------- Baseline -••• Fund •------ ------------------- Transient Occupancy Tax General Property Tax General Uti[ity Users Tax General Business Llcense Tax General Sales Tax General Land Lease Beach 5ub-Total Full DeveLopment •-------•••-•---------- Transient Occuparlcy Tax GeneraL Praperty Tax General Utility lJsers Tax General Buszness LicenSe Tax General Salcs Tax GeneraE Land Lease Beach Sub-Total lmpact on Revenues Annual Revenue [mpact (1) 1733/174G 415 Paciftc Coast LoeWS One Ptico ---- Ocean Ave. (2) ----••--••--•• -• . HighWay (3) .............. Total ....-------- --------•••- 81,117,700 - (4) ------- 5525,300 (8) E188,500 (11) SO $1,831,500 67,000 (5) 9,80~ f9) 4,900 (7) 200 (15) 81,900 75,700 (6) 38,500 (10) 31,000 (127 4,800 (957 150,000 17,100 (7) 7,700 (7) 2,000 (7) 2,~00 (17) 2$,900 64,000 (7) 19,400 (7? 0 (13) 900 (]8) 84,3U0 0 0 o zsa, o0o c z~ ~ zsa, ooa °------..... -----•....-- $1,341,500 • •---------- 5600,700 -----------•-- 5226,400 --- ---------•---- $258,OD0 ~2,426,600 81,117,700 (4) 5525,300 (8) b7,000 (5? 4,800 (9) 75,700 (6) 38,500 (10) 17,100 {7) 7,700 C7) 64,000 (7? 19,40~ (7) 0 0 -------- ----------.. $1,341,500 . ... $600,700 SO SD ~703,50Q (14) 51,711~500 (21) $4,058,000 67,$OU (7) 88,100 (22) 232,700 40,300 (7) 142~500 (22) 257,100 54~800 (19) 58,800 (20) 143,400 50,100 (7) 105,500 (227 239,100 0 -------------- --- 1,040,000 -------------- (23) 1,OOD,ODO ------••---• $921r500 53,666i600 $5~930~300 ($695,100y ($2,F30F3,6Q0? ($3,503,700) H ~ ~ b 9/98l~9 Nates (13 1he analysis 845Ll1124 the folloW~rg: a) Revenue impact is for a full year. 6) kote! occ~poncy wil~ be stable beginm ~g ~n the f~rst year. (2) Ihe baseline assumes that the Flemingo Uest AAt. (currently at 1733 Ucean Ave,), arxl the Kensington Rote! (currently at 17G6 Ocean Ave.) wili contine operations. According to the General Manager, both ape~^atiar~s ~re currently closed and and a dec~aian vn reapentng them will not be made until late next mor-th. Under fulE developnent, it Ts assumed thst both hotels wouid be repleced by the Maguire Thomas pro~ect (3) The ba5el~ne assunes the Send and Sea Club would contfnue without further development. Under full development~ it is agauned thc propcrty would be developed as detat[ed in the developer's proposal. (G} Calculations baaed on EIR, revised to reflect the latest TOT rate and tn ad~ust 19$S dollar values to 1988 dvllers (+12_6X). (5) Calculations based on secured value in EIR, rev~sed ko refleCt the City's portion of the property tax nncl to ad~ust 1985 dollar values to 1988 dollars (+~z.(,X). f35,000,000 x 1.126 x 1% x 17%. (5) Calculat~ons based on EIR, rev~sed to reflect the letest utility tax rate and to adJust 1985 doller valUee to 1988 doliars (+12 8X) E42,000 x 1.12b x$/5. (T7 Amount taken from the EZR, and ad~usted to reflect 4988 doflar values. (S) Cal~ulat~ons bASP.d on EiR, revised to reflect the Eotest 7oT rate and to reflecE 1988 dallar values (+4.6X). 12X tex x E9U/room x 365 days x 496 rooms x b5X occupancy x 1.046. (9) Calculat~ons based on E~R, rev~sed te refleet the City's portian of the pro~erty tax and ad~usted to reflect 1988 doll~r values (+4.6~?. ~5,5Q7,000 x 1 OG6 x IX x 17X. siaafa9 i10) Caicuiat9ans based on EIR, rev~sed to reflect the latest utility iax rate and ad~ustrd to reflect 1988 dollar values. 523,000 x 1 046 x 8/5. (1f) Calculatims based on EIR, revised ta reflect the latest TOT rate and adjusted to raflect 1988 dollar values. 12X tax x=46/room x 365 days x 172 rooms x 52X occupency x t.046. (1Z) Calculat-m based on 172 rooms t~mes 5180/room (per latest 3 year City forecast.) {13} Based on reports from the State Board of Equalization. {14) Lalculattans based on ~ER, revised to refle~et the tatest TOT rate and adjusted to reflect 1988 dollar velues. 12X tax x t~35/raam x 3G5 days x 175 roans x b5X accupancy x 1.045. (7S) FY 1487/B8, as provided 6y the L.A. County Assessor~s off~ce, revised to reflect the City's port~on of the "possessory interest tax." f1,125 x 17X. (75) Caiculat~ans based on f~nancial analys~s performed by Peat MerWick & Ma~n, and adjusted to reflect 1988 dollar vaiues. (77) Pror~ded by Santa Monica 6us~ness License O~v~sion. (18) Based on reports fran the State Board of Equalization. {19} ~~t taken from the ~IR. The bus~nesa l~cense amount includes restaurant, retail, offic~, and hatel. (20) Amwx~t takeit fran the developer~s proposal. The bustness license arnaxit tncludes restaurant & lounge, retail and hotel. (21) Lalculatians based on the developer's proposal, revtsed to reflect the (atest TOT rate and to edjust 1985 dollar velues to 1988 doElars {+4.6%). (22) Amount takert from the develoQer's propasal~ and ad~usted ta reflect 19$$ dollar values. {23) The 5ar+d and Sea Clu6 currently peys the City of Santa Mom ca E20,833lmonth. Under ful~ de~elopment it is assu~ed that E'I,OOO,D00/year wilL 6e paid to the Lity as "Guaranteed Rent", as as specified in tfie developer'S prvposal. 9/18/84 5anta Mom cans for a Liveablc Envi rormient Ini tat i ve ----------------------------- Full Develapment Fund Trans~ent Occupancy Tax General Proper'ty Tax 6ener~al Utility ll~ers Tax General Business License Tax General Safes Tax General Land Lease Bcoch Total Impact on Revenues Year 7 2 3 4 5 6 Loews 51,117,700 {6) 67,000 C7) 75,700 CB) 17,100 (97 54,OOD (9) 0 $1,31.1,500 TotaE Annusl TOT (22} $4,075,500 4,238,500 4,408,000 4,584,30Q 4,757.700 4,95II,40~ One Pico ~525,300 (10) 9,800 (11) 38,500 (12) 7,700 (9) 19,400 (9) 0 5600,700 Amount to 8ay Clean lip 51,018,8T5 1,054,625 1,102,000 1,146,075 1,191,925 1,239,600 Annual Revenue Imp.act (1) 1733/1746 Ocean Ave. {z) ~7U~~500 (13) b7,SQ0 (97 40,30D (97 59,800 (14) 50,100 (9) 0 5921,5U0 415 Pacific Coast Hsghway (3) 51,711,500 (1S} 88,100 (9] 102,600 (9) 58,800 (18? 105,b00 i9) 1,000,000 (23) ~3,066,500 Amount to Paries ~1,018~875 1,059,625 1,102,QU0 1,146,075 1,191,925 1,239,600 Beach Auto Hotel (4) 59,500 i20) 300 C21) 400 {17) ~oo c~a> 0 (19} 0 $10,300 seavtew TOT Botel (5) Tatal 58,000 (20? ~+,075,500 500 C21) 300 (177 100 (15) 0 (19) 0 $8,400 ~~ ~ ~ ~ tr1 9/18/89 7 5,156,700 1,~$9,175 1,z89,17'S 8 5,363,000 1~340,750 1,340,750 9 5~577,500 1~394,375 1,394,375 10 5,800,600 1,45D,150 1,450,150 548,930,200 512,232,554 512,232,550 Notes• (1} The analysis assumes the following: a) Revenue ~mpact ~s for a full year. b) Hotel occupancy W~ll be stable begimm ~g ~n the ftirst year. (2) Assumes that the Maguire Thanas project will replece 6oth 7he F[emingo ilest Apt. Hotel (currently at 1733 Ocean Ave., and The Kensington Motel (currently at 1746 Ocean Ave). (3) 148 rooms. (4) 1b70 Ocean Ave. (5) 17b0 Ocean Ave. (6) Calculations based on E1R, revtsed to reflect the latest TOT rate and to adtust 1965 dollar vatues to 1988 dvllars C+12.G1L). (7) CalcuFations based on secured value ~n EIR, revised to reflect the City~s portion of the property tax arx! to ad~ust t48S dollars to 1988 dollars (+12,6X). S35,OOO,D00 x 1 t26 x 1X x 17X. (B) Calculations based on EIR, revised to reflect the tetest ut~l~ty tax rate and to edjust 1985 dollar values to 1988 dollars c+iz sxr. :42,000 x 1.126 x B/5. (9} pmaunt taken fr«n EiR, end ad~usted to reftect 19$8 dollar values. 9/1II/II9 (10) Calcufations based on EIR, rew sed to reflect the iatest TOT rate and to reflect 19ff8 dollar values (+4.bX). 12X tax x S40/room x 365 days x 196 rooms x 65X occupancy x 1.04b {1~) Calculat~ons besed on EIR, revised to reflect the City's port~on of the property tax end ad~usted to reflect 1988 dollar values. 55,507,000 x i.046 x 1X x 17X. (1Z) Calculations based on EIR, revised to re#lect the latest utility tax rate and ad~usted to reflect 1988 dollar values. 523,OOQ x 1.04fi x 8/5. (13) Calculation based on E1R. revised to ref~ect the latest TOT rate and ad~usted to reflect 1988 dollar values. 12~ tax x E135/roan x 365 days x 175 rooms x 65X occupancy x 1.046. (14) hrnount taken from EIR. The 6usiness llcense amoe.mt fncludes restaurant, retall, office, and hotel. (15) Calculativns baged on the deveEoper~s proposel, rev~sed to reflect the Eetest 7ot rete and to adaust 1985 dollar vaLues to 1988 dollars (+4.5X). i16) Provicfed hy the Santa Monica License Dsvis~an. {17) Catculat~ons based on estimate by City Treasurer's office (18) Amount taken from the developer's proposal. ~he business license amount includes restaurant & lounge, retail and hotel (19) Based on reparts fram the State Board of Equalizatton. {20) Based on Fr 1988/B9 receipts, as received by the 5enta Mom ca Treasurer~s office. (21} FT 1488/89, as provided by the L.A. County Assessor~s office, revised to reftect the City's portion of the property tax. (22) The annual TOT assunes a 4X averege increase in room rates each year. (23) It is assumed that 51,044,Q00lyeer u~ll be pard to the City as "Guaranteed Rent", as specified in the developer~s proposal. Proposed Beach ~verlay District ~"`~ _ . ~ ~,,,.. ~ °~~.U~`~f ~ ~~~~--~~ ~.~~~ `-_-ir.-~ u ~~ ~i ~~ ° ~ - ~ E ~~ _._ _~_ ~.~..._`~`~'.~~"'i~ ___~r--ii ii ii ii ~~~~~'[ .. `. L_. . . ~,:- ~ r-.. i i i .. , ~ ,~~ ~ . .. . i - ~,..... , _ . r~-~-~1~=~--~--~ ~---~J ~.~ ~~ 3 ~_. ~ ~ ~ I= I~ ~~-~r ~_,~ L-~~ I~~~-"]~ II II--~-- II il II "" ~.-.-~ ~=- ~ ~i .--. i~C'~ .. C~~:`I("`_"~I""--]1 ..-]i II I1 I~"`I ~~~~~ n • ~ 7 - ~ .."_ ~_ "ll~~, 11 - li.. II '`hu II~;~.~ ~..-J : ~ ~ C°'~ ~ ~.. _ _ . ~ ~.". ~ ~ ~ _. ~ ~ r. i i.-~~,,i i-- ~ _. o : -:~ ~ ~`1 ~ _ . _ C:"'"""~ ~__:_ ~ ~ ..r-. .~. ~ ~ ~i ~_`~ I~.."~ ~ ~ i ~°°' i~ i~. _ ~~.. i ~~ 7~ , f._,. ~~ 3 ~ ~~~ .~~ .=~~~ i._y '~~~~~_~~~~ ~ t ~~ ._. ---, .. -- -_.. ~ _.~ _. ~ , ~~ .._~_ _ ~~ r__. _ ~ _. _ . =-~ ~ ~ yI~'E : .J ~J~~~ .._. _. I t .,.. ~ ...~ i ~_ a , _ .._- .-...--.,~W! ~`. If_-...~, _, ._.. _.. ~ - ~=_y_-..-. . _ _ ~.-._ii _ ... .. ~ _._~ - r-~-~-~ r--..-~ ~~-~~ ~~~ i _ . ..._. a ~~ _ I I - --- ~~~ 1411- .1~ ~~ ~f ~ ~_ ~~_. _~. ..., .~~_.~ ~ _ -_._ ~ - i ~' !~ I~ i~ ~ ~ ~ ~~ ~~ ~ ~` i; I~ ~ 1 1'- i R .F ~~ i~ ~ , ~~i ~~ ~ : .~_. .~ _y . ''~ ~ ' ~ - ., ` ~ . , -lp r , +ryC~... .~ ~ . . ~ ~ ~K M i' ~; ~ I I i ~ ~ 1 c~ c i~' 1 c ~'' ~~ ~ Proposed area for Beach Overlay District 5eptember , 1989 ~~:..,~ 1~~r11 ~~ ~~. Il I~ _11~~~~~~ ~~~ ~,~ ,r_=.~`~ff 1X~~r~~11~~1 lll!l~f.~_ ~ ~ ,~~ 1~ ~~11 ~I - 1~~~ ~~~~~I ~"~ _ ~.1Lf~_ _,°~ _ -y ,,~ ,~rit~ .4~~ j ~~ ~ll ~~ ' ~f - : -_- ~ - j 11 Xt~ ~ '. ~.~ x .~. -: ~1~ ~?~ _- _ ~,~1 _ _ 11~ II x X ~i _-~~ - -~_ -- ~ - ~ .-, ~t_ r~ ~j ~ i -, -, - ~~ -~.:-x _.-,-_-=~ -~:. ~]~ ~f ' ~ ~~~~(_~ If.- 7 f ~~ ~~, _. _ r f ~ ~ ~ -1~ - - ~ f t ~i ~' ~~ ~I ~ ~~ ~ ;~,, ~ r ~ K ~ ~~~~ ~ r, ~ ~ ~y~~ ' ~~ y -~ ~~~~~ } ~; # ~ ' 1 !F .~ ~ i~"i~ , +,.~ N ~ i t ~ ~ 1 ~ ' ~,* ' _ _ ~ Oceaf~ ~ ~~ Exempted by both lnitiati~es ~TTACHME~T F LAN~ IISE ANALYSIS RELATING TD THE SAVE OUR BEACH INITEATIVE (Septe~ber 21, 1989} The following document outlines the areas that the Save our Beach Initiative polxcies ara inconsistent with the City's existing land use policies. The following documents were reviewed far this analysis: the Zoning Ordinance (adopted September 1988); th~ Land Use Element (adopted October 1984); the Land Use Plan of the Local Coastal Pragram (June 1985); Santa Monica State Beach Resource Managemen~ and Development Plan (approved by the City Cauncil September 27, 1983). In general, the Save Our Beach Initiative is consistent with existing Iand use policies except those policies that relate to visitor accommodations and uses in the coasta~ area. Further, the Initiative will limit future additions of new uses in all the affected zoning districts. - ~ - Zoning Ordinance : . Single and Multi-Famiiy Residential Distriats Overview The boundaries of the Sava Our Beach Initiative incorporate several residential Zoning Districts which include: R1, R2R, R3, R4, and RVC. The Save Our Beach Initiative is consistent with the Zoning ardinance's permitted uses in residential districts with the exception of increasing appartunities for uses such as parks and recreation facilities. The Initiative increasas the types of prohibited uses in residential distriets. The chart below compares the Zoning Ordinance standards for the single ~amily and multi-famil.y zaning distrscts with the SOB Initiative by listing the permitted uses, uses subject to performance standards permits, uses subject to conditianal use permits, prohibited uses and development standards for both documents. Permitted Uses ZO INITIATIVE Hospice facilities Multi-fami~y dwe3.ling units One-story accessory ]aldgs to 14' Pub].ic parks and playgrounds Single family dwellings Small family day care homes Yard sales twice a year Residential care facilities State auth/lic/certified uses lay law No change, except the additian of the fol~owing uses; Open space Public beaches Parks Incidental park structs. Gardens Playgrounds Recreational buildings Recreational areas Pub~ic parking - 2 -- Uses subject to Performance Standards Permit ZO INITIATIVE Large family day care homes No change One-story accessory Iiving qtrs Private tennis ~ourts 5eniar graup housing ' Conditionally Permitted Uses ZO INITIATIVE No change except where noted: Bed and breakfast facilities Prohibited Boarding houses Child day care centers Clubs ar lodges Ca~munity care facilities Hatels with incidental businesses Prohibited Libraries Municipal parking structures NeighbQrhood grocery stores Off & mtg rms far yth/welf orgs One story access bldgs to 14' Places of worship Residentia~ care facilities Rest hames Schools Shel~ers for the homeless Undergrd parking under cert. prav. Prohibited Uses za YNITiATIVE Rooftop parking Any use not specifically authorized No change except for the following additions: Hotels, motels Restaurant/food service facilities af more than 2000 s.f. and/ar 1 story in height. Any use not specifically permitted by Initiative. - 3 - Recreational IIse ZO INITIATIVE Na section contained in Zaning Ordinance Any bldg within Beach Overlay District currently in use as a recreational building or area shall not be removed except ta replace with open space ar similar recreational uses. property Deveiopment standa~ds :' zo No Chanqe INITIATIVE No ahange~ except that restaurants are limited to 1 story in height. - 4 ~ RVC Residential-Visitor Commercial District : avgrview The Save Our Beach Initiative is generally cansistent with the Zoning Ordinance's permitted uses in the RVC District with the exception of increasing opportunities for uses such as open space, parks and recreation facilities. The Initiative prohibits hotels and restricts restaurants. The chart below compares the Zoning ~rdinance and the Sav~ Our Beach Initiative by listing the permitted uses, uses sub~ect to performance standards permits, uses subject to canditional use permits, prohibited uses and development standards for both documents. Permitted Uses ZO Arts and crafts shops Camera shops Conv and conf facilities Entertmm~t & cultural uses Gift or souvenir shops Libraries Marine oriented uses Museums Neighbarhood grocery ~tores SgI fam dwellings Multi fam dwellings Night clubs w/~n hotels Retail uses Public parks and playgrounds Residential uses existing Restaurants Schools Skating rinks Snack shops Swim and health clubs Pier Uses (see ZO p. 40) Accessory uses as det by Zon Admin Other uses as determined by Zan Admin INITIATIVE No change, except where noted Prohibited Restaurants over 2,000 sf or over 1 story prohibited - 5 -- No change, except the addit~on of the foliowing uses: Open space Public beaches Parks Incidental park structs. Gardens Playgrounds Recreationai buildings Recreationa~ areas Public parking Uses subject to Performanoe Standards Permit ZO INITIATIVE Automabile rental agencies Sidewalk ca~es canditianally Permitted Oses ZO Na change except restaurants prohibited ~ver 2000 $f ar 1 story INITIATIVE No change, except where noted: ' Bed and breakfast faciiities Child day care canters Eating and drinking ~stab. (alcahol) G~neral office uses except grnd floor Hatels and MotEls outdoor displays (items listed p~l} Parking faci~ities Shelters for the homeless Theaters only in Pier overlay Prohibited Uses ZO Prohibited Prohibited INITIATTVE Cinemas Raoftop parking on certain parcels. Any use not specifically authorixed No change except for the follawing additions: Hotels, motels Restaurant/food service facilities of more than 2000 s.f. and/or 1 story in height. Any use not specificaZly permitted by Initiative - 6 - Recreational Use r zo INITIATIVE No section contained in Zoning Ordinance Any bldg within Beach overlay District currently in use as a recreational building or area shall nat be removed except ta replace with open space ar similar recreatianal uses. Property Devalopment Standards ZO No change INITIATIVE No change. Initiative does not address development standards. .. ~ _ f C2 Neighborhood Commercial Dist~iot The Save Our Beach Initiative is generally consistent with the permitted uses in the C2 District with the exception of increasing the opportunities for uses such as ~pen space, parks and recreation facilities. The m~asure affec~s twa parcels zoned C2 which ar~ currently being utilized as beach parking. The chart below compares the Zoning ordinance and the Save our Beach Initiative by listing the permitted uses, uses subj~ct ta perf~rmance standards permits~ uses subject to conditional use permits, prohibited uses and developm~nt standards for both documents. Permitted Uses Z~ INITIATIVE Appliance stores Appliance repair shops Art galleries Artist studios abave lst floor Branch office banks, savings & Ioan Barber, beauty shops ChiZd day care centers Cleaners General offices abave lst flopr General retail and spec retail Laundromats Libraries Offices, mtg rms char/youth orgs Photocapy shops Places of worship Plant nurser~es Restaurants >50 seats, no alcohol Schools Shoe repair stores ' Speciality offices Tailors Theaters w/ fewer than 75 seats Accessory uses permitted by Zoning Administrator Other similar uses as determined by the Zoning Administator No change, except where no~.ed: Reataurants over 2QD0 s.f. or one story are prohibited Addition of the following uses: Open space Public kaeaches - S - Parks Incidental park structs. Gardens Playgrounds Recreational buildings Recreationa~ areas Public parking Uses subject ta Performance S~andards Permit ZO INITIATIVE Large family day eare h~mes Residential uses abv grnd flr, rear Senior group housing Shelter for homeless Sidewalk cafes No change, except where noted: Restaurants over 2~d0 s.f. and/or I story prohibxted. Conditionally Permitted uses ZO INITIATTVE Automobile repair shops Banks, savings and loans instit. Take-out, fast foad rest. Med, dental, optom offices (not ta exceed 3000 or 2~~ of bldg) Theaters over 75 seats Rest. 5D or iess, w/alcohol Service statians Prohibited IIses za Cinemas Rooftop parking on certain parcels Drive-in, drive thru restaurants Any use nat specifically autharized Na change, except where noted: Restaurants over 2000 s.f. prohibited Restaur~nts over 2000 s.f. prohibited INITIATIVE No change except for the follawing additions: HOtelS~ motels Restaurant/faod service facilities of more than 2000 s.f. and/or 1 story in height. Any use not specifically permit~ed by Initiative - 9 - Recreational Us8 ZO INITIATIVE No section contained in Zoning ordinanca Progerty Development Standards ZO Any bldq within Beach 4verlay Dis~rict currently in use as a recreational building or area shall not be remo~ed except ta replace with open space or similar recreational uses. ~NITIATIVE No change No change. In~tiative does not address development standards. - 10 -- ." C3 Downtown Commeroial District overview The Save ~ur Beach Initiative is generally consistent with the permitted uses in the C3 District with the exception of increasing the opportunities for uses such as open space, parks and recreation faci~ities. The Initiative prflhibits restaurants over 2000 s.f. and hate~s and mote].s. The measure affects only one parcel at the southwest corner of the City. Further, this parcel has been designated OP-4 on the Tnterim Zoning Map approved by the City Council as part its decision on the Ocean Park PZan. The chart below compares the Zoning Ordinance and the Save dur Beach Initiative by Iisting the permitted uses, uses subject to performance standards permits, uses subject to conditional use p~rmits, prohibited uses and development standards for both docum-ents . Permitte8 Uses ZO Art gall,eries Artist studios above 1.st floor Auditoriums Bakeries Banks, savings & loans instit. Barber, beauty shops Business colleges Child day care centers C~eaners Dance Studios Electric Distrib Substations Exercise facilities General offices General retail and spec retai~. Hotels, motels INITIATIVE No change, except where noted: Prohibited Laundromats Medical, dental, optom. c~inics and labs Medical equipment rentals Museums Offices, mtg rms char/youth orgs Party equipment rentals Photocopy shops Places of warship Restaurants Restaurants over 2000 s.f. and/or 1 story prohibited Shelters for the homeless Tailors - il - Theaters Trade schaols Variety stores Accessory uses to perm. uses per ZA Other similar uses per ZA - Z2 - Addition af the following uses: Open space Public beaches Parks Incidental park structs. Gardens Playgraunds Recreational buildings R~creational areas Public parking Uses Subject to Performance standards Permit ZO INITIATIVE Automobile rental agencies Automobile parking lots Residential uses Sidewalk cafes Conditionally Permitted Uses zo No change, except where noted: Restaurants aver 2000 s.f. and/or 1 story prohibited INITIATIVE Na change, except where noted: Autamobile parking structs. Bed and breakfast faci~ities Billiard parlors %~ Bawling alleys Cinemas Clubs and iadges Canvention and conf. facs. Funeral parlors and martuari~s Liquor stores Night clubs Open air farmars markets Service stations skating rinks Take-out restaurants. Vehicle repaa.r & equip facilities Prohibited Usas ZO Prohibited Restaurants aver 2000 s.f. and/or 1 story prohibited IN~TIATYVE Any use not spec authorized Raoftop parking on certain parce], s . Na change except for the fallowing additions: - 13 -- Drive-in, drive thru restaurants Recreatianal IIse zo No section containEd in Zoning Ordinance Property Development 8tandards Hotels, motels Restaurant/food service facilities of more than 2000 s.f. and/or 1 story in height. Any use not specifically permitted by Initiative. INITIATIVE Any bldg within Beach Overlay District currently in use as a recreational bui.lding ar area shall not be removed except to replace with apen space or similar recreational uses. ZO INITIATIVE No change No change. Initiative does not address develapment standards. - 14 - LAND IISE ELEMENT OBJECTIVES AND PQL~CIES :~ av~rview The Save Our Beach Initiative is consistent with the Land Use Element (adopted October 23, 1984} with the axception of certain palices pertaining to the Dcean Front District. Trie Land Use Element encourages hotel, visitor accommodations, and restaurant uses in the Ocean Frant District, which the Save Our Beach Initiative proposes to restrict. The Save ~ur Beach Initiative is patentially inconsistent with the following Land Use Element Policies. Bold faced sentences following specific policies serve to identify and briefly describe the areas of passibZe a.nconsistency. OCEAN FRQNT DISTRICT 1.5 OBJECTIVE: Expand va.sitor accammadations and related uses in the ~ceanfront area, while protecting the existing residential mix. pnr.rrTF~ 1.5.1 Devote Oceanfrant District primarily to visitor accommodations and commercial recreation. The Save our Beach Initiative wi1l restrict visitor ~QCOIRri10d8t10AS in the Beach Overlay Dis~rict by prohibitinq hotels/motels and Iimiting restaurants ta 1 stQry, 2,00o s.f. 1.5.3 Encourage land assembly for visitor accommodations and promate prov~sions for beach ori~nted commercia~ uses and viewing platforms available to the public alang the Pramenade. The Save ~ur Beach initiative will restrict visitor accommodations in the Beach overlay District by prohibiting hotels/mate~s. Viewing piatforms, if related ta a restaurant or food service use alonq the Pramenade, will Y~e limited to one story. 1.5.4 Encourage day and night pedestrian acti~ity along the street frontages an Main Street, Ocean Avenue and the %~ Promenade, by requiring active uses oriented to walk-in traffic, especially retail, and co~mercial racreation, small inns, and restaurants. Small inns are prahibited and restaurants restriated in the Beaah Overlay District. _ ~5 _ 1.5.8 The Ocean Avenue frantage west of Downtown and the area between Dcean Avenue, the Pramenade, the Pier, and Pico Boulevard shall be devoted ta the conservation of the existing residential uses and new visitor-serving uses including hotels. Allowable intensity shall be as follows: Ocean Avenue between Califarnia and Colorado Avenues 2.~ FAR and 3 staries (45') Between Ocean Avenue and Appian Way ;~ 2.5 FAR and 4 stories (56') Between Appian Way and the Promenade l.d FAR and 2 staries (30') Hotel~ will be prohibited in the Beach overlay District. Restauxant uses will be limited to one stary, 2,000 sf. : - 16 - LAND UBE PLAN OF THE LOCAL CaA~TAL PROGRAM GOALS AND P~LICIES overview The Save Our Beach Initiative is generaily consistent with the gaals and policies of the June 1986 draft of the Land Use Pian (LUP) of the Local Coastal Program. However, policies relating to visitor serving uses, visitor accommodations and future permitted uses are potentially conflicting. Tha follawing ~utlines those policies contained in the LUP that are potentially incons~stent with the Save Our Beach Initiative. The text af the policies reflect the changes requested by the Coastal Commission. Language in italics is praposed to be deleted, and language in bald type is pr~posed to be added. .` Bold faced sentences follawing specific policies serve to identify and briefly descri]ae the areas af possible inconsist~ncy. GoALs Section 30001.5 of the Coastal Act includes a set of basic goals for each coastal protection proqram in the State. The policies adopted in Santa Monica's Local Caastal Land Use Plan are intended to accomplish the following gaals: C. Maximize public access ta and aJ.Qng tha coast and maximize public recreational oppartunities in the Caastal zone consistent with sound resource conservation principles and constitutionally protected rights of private property owners. Sy prohibiting hotels and motels, the Initiative may decrease the availahility of sxisting overniqht accommadatians for visitors. This is inoansistent with the goal of maximizing public access to ~he coast. D. Assure priority for coastal-depandent and coastal-related development over other development on the coast. Hotels, motels and restaurants are considered ta 1ae coastal related developmen~. The Initiative prohibits hotel and motel uses, and restricts restaurants in the Beach Overlay District, GENERAL POLICIES 12. Proper~y New development located north of the Pier between the Pacific Coast Highway and the shoreline shall be required to assist in enhancing public access ta the beach through development of a funding mechanis~n such as - 17 - contribution to a new development fee estab~ished to enhance existing access and develop n~w accessways such as the extension of the beach promenade to the north beach or a pedestrian averpass. The funds shall be deposited inta a separate caastal access aacount administered by the City, subject to approval of expenditures by the Executive Director of the Coastal Commission; however, the projects to be funded by the account shall be delineated in the ~mplementation Plan. The fee sha11 be assessed on residentiai units on a per unit basis, aad on commerciaZ or other development on a pex gross square foot basis. The amount of the fee shall be set forth in the implementation plan and based upon ~he es~imated aosts of specific aacess prajeats to be funded, divided by the total number of residential units plus the gross square foataqe of commercial and ather development subject to the fee, By prohibiting hotels, motels, and restricting reetaurants, the Initiative may in8irectly a~fect public access by reduainq the amount of fees pravided by this type of development. This will reault in an ovarall reductian in the funds dedicated to increasinq pubiic access. Tra~sit ; 19. Transportation alternatives to the automobile shall ba provided including maintaining and enhancing bus service to and within the Coastal Zone and developing and maintaining a shuttle system within the Coastal Zone if a pilot shuttle program proves effective and economically feasible. The pilot shuttie proqram shall be implemented within five years from the date of Conimisaion certificatian af ~he Land Use Plan and shall be operated for a minimum of two consecutive summer seasons. The shuttle sha~~ provide service ta the papular coastal destinatians, to incl~de the north and south Santa Monica State beach area, the Pier, the Main Street aammercia~ area, and the Third Street Mall/Dawntown area. The ahuttle program shall pravide a main shuttle user parkinq facility but alse use ather public and private parkinq faoilities raquired to provide general public coastal acaess parking. The City shall prepare a report to the Commission on the pilot shuttle pragram after each season of operation. The Cammission shali review, and i€ necessary, make recommendations to the City an changes to the shuttle program. The specifics of tha pilct program {routing, schedulinq, advertisement, stop Zaaations, etc.) shaZl be provided in the Implementation P~an. The Initiative restricts future permitted u~es to anly ~bose specifica~ly called out by the Initiative. Implementation plans for an ~~effective and ecanamically feasible+~ shuttle proqram may require supparting land uses that have nat been anticipated or identified as a permitted use. RECREATION AND V38ITOR-SERVING POLICIES - 18 -- 30. Lower cost visit~r and recreational facilities shall be protected, encouraged, and, where feasible, provided. Developments providing public recreationa~ opportunities are preferred. Additional overnight visitar aocammodations wi~Z not be permitted in the Beach Overlay District. - 19 - BANTA M~NICA STATE BEACH RESOIIRCE MANAGEMENT AND DEVELOPMENT PLAN The Santa Manica State Beach Resource Managament and Development Plan (Beach P1an) was appraved by the City Council on September 27, 1983 and approved by the State Parks and Recreation Commission on March 9, 1984. The Beach Plan is intended to function as a decision making guide to help clarify and direct the development and maintenance of the recreational pot~ntial of th~ Santa Monica State Beach. Overview The Save Our Beach Initiative is potentially inconsistent with one policy contained in the Santa Manica State Beach Resaurce Management and Development Plan. Palicy 3.3.1 relates ta the appropriate recreational activities and facilities along the beach, and specifically, the property at 415 Pacific Coast Highway. The future use of the property at 415 Paci~'ic Coast Highway would be limited to only those uses identified in the Beach Over~ay District and the R4 zoning District. Uses identified in th~ fal~vwing policy such as restaurants, museums, theaters, and lodging facilities would be restricted or prohibited. 3.3.1 Recreation Activiti,es and Facilities a) The beach should be considered a regional recreational faci].ity and part of a local and sta~e-wide beach recreatianal system. b) The beach should be ~iewed as an urban facility. c) Al1 activ~ties at the beachfront must be coxnpatible with beach recreation, the primary activity, and related ta it. ;~ Activities which should he planned far are: - Beach recreatian: bathing, swimming, strolling, and wading, also surfing, body-surfing and water skiing. - Active outdoor recreation: valleyball, gymnastics, and various games. - Passive recreation: social gatherings, fa~ily outings, and peer groupings. - Biking and skating. - Pier related activities: fishing, stroll~ng, amusements and eating. d) Extensiv~ boating shauld not exc~ad capabilities of the existing breakwater. - 20 - e) Campatible wintertime uses are swimming, wading, walking, picnicking, biking, fishing, surfing, active outdoor ' sports. f} The following recreation facilities should be considered: - Recreation service areas ~ incarporating facilities for sanitation (restrooms), changing room, food and beach concessions, outdoor showers, and drinking fountains. - Promenade and walkway incorporating lighting. - Outdoor recreation areas incorporating children's play grounds and facilities for active outdoor sports. - A bikeway extending the length of the beachfront whose placement and design minimizes conflict between the pedestrian and bicyclist. (g~ Generally appropriate activities and facilities on the pubZic property at 415 Pacific Caast Highway, Santa Monica State Beach include, but are not limited to those listed above, and and other activities and facilities such as: - Picnic areas for ~amilies, organized recreation groups and other persons, - A variety of restaurants and other food-service ~stablishments ranging from simple, low cast "take out" stands ta saphisticated "sit-down" restaurants. - Museums and displays which preserve or present historic, architectural, or cultuzal features of the beachfront and coastal area. - Small theaters and other group gathering places which enrich the mix of uses at the beach and that do not disturb the quiet ambience of the beach and surrounding areas. - Parking areas for automobil~s, buses, motorcycles, bicycles and other vehicles to facilitate access to the beach area. - Lodging facilities such as cabanas, and youth hostels which pro~ide an addad dimensian af visitor access to the beach area. - Recreational facilities that may include passes for specific time periods, with a high degree af access to the general public, inc~uding single day use memberships and open annual membarships, which pro~ide regular access to non-member racreatianal groups, and facilities, activities and services which assist in the provision of beach access to all persons, including ,~ special populations such as disabled persons, seniar citizens, and ec~nomically disadvantaged persans. - Beach maintenance and public safety facilities to maintain a high quality and safe beach environment, - Public physical fitness areas, programs and activities. Listing af the abo~e uses as general~y appropriate does not can~titute approval of any particular develapment proposa~, and does not affect appZicable local or environmental raview or any applicable development permits which would be required. - 21 -- h) The bxp~dESt array of fac~lities and services must be available at the beach in order to ref~ect the socia-economic needs of the regional populatian. w/sQbres :~ :~ - 22 - ATTACHNIEI~T G LAND USE ANALYSIS RELATING TO THE SANTA MONICA ENVIRONMENTAL PROTECTION 3NITIATIVE (September 21, 1989) The fol~.owing document outlines the areas of the City's existing land use policies with which the Santa Monica Environmental Pratection Initiative is potentially inconsistent. The following documents were review~d for this analysis: the Zoning ordinance (adopted September 1988); the Land Use E~ement (adopted October 1984); the Land Use Plan of the Local Coastal Program (June 1986); Santa Monica State Beach Resource Management and Develop3ment Plan (approved by the City Council September 27, 19s~). ~n general, the Santa Monica Environmental Protection Initiative is consistent with exisiting land use policies except those policies that relate to visitor accommadations and uses in the caastaZ area. Further, the Initiative will limit future additions of new uses in all the affected zoning districts, _ x _ ~oning Ordinance Sinqle and Multi-Family Residential Distriats Overview The boundaries af the Santa Monica Environmental Protection Initiative incarporate several residential Zoning Districts in~o a Beach Overlay District. This overlay includes: RI, R2R, R3, R4, and RvC zoning designations. The Santa Monica Environmental Protection Initiative is consistent with the Zoning Ordinance's permitted uses in residentia~ districts with the exception of increasing apportunities for uses such as op~n space, pubZic parks and playgrounds, public beaches and related incidental fac~lities including public beach food canc~ssions. The initiative prapos~s a three year maratarium on the develapment, conversion or expansion of hotels and motels. During this time, a specific plan wil~ be prepared examining the ~arket and environmental viability of additional hotel/motel de~elapment in Beach Overlay District. This Initiative exempts the Pier reconstruction and parking projects and the proposed devalopment at 4~5 Pacific Coast Highway. Any and all revisions to this Initiative must receive voter approval. Counci~ may not make the ordinance less restrictive or change ~he boundaries of the overlay zone without voter appraval. The chart below compares tha Zoning Ordinance standards for the 5irigl~ family and ~ulti-family zoning districts with the Santa ' Manica Environmental Protection ~nitiative by listing the p~rmitted uses, uses subject to performance standards permits, uses subject to conditionai use permits, prghibited uses and de~elopment standards for both documents. Permitted Uses tio INITIATIVE Hospice facilities Multi-family dwelling units One-story accessory bldgs to 14' Public parks and playgrounds single family dwellings SmaI1 fami].y day care homes Yard sales twice a year Residential care facilities State auth/lic/certified uses by ].aw - 2 - No chang~, except fo~ the fol~owing additional permitted uses: Open space Pub~ic parks & playgrounds Public beaches Structures & facilit~es incidental to the above. Uses 8ub~eat tv Performance Standards Pern~it ZO INITIATIVE Large family day care homes No change One-story accessory living qtrs Private tennis COUZt5 Senior group housing Canditionall~ Fer~itted Uses ZO INITIATIVE Bed and breakfast facilities Prohibited Boardinq houses Child day care centers Clubs or lodges Community care facilities Hotels with incidenta~ businesses Prohibited Libraries Municipa~ parking structures Neighborhood grocery stores Off & mtg rms for yth/welf orgs One story access bldgs to 14' Places of worship Residential care facilities Rest hames Schools Shelters for the homeless Undergrd parking under cert. prav. ' Prohibited Uses ZO INYTIATIVE Rooftop pa~king Any use not specifically authorized No changa except ~ar the fol~awing additions: Res~aurants Hotels snd Motels AiZ uses in Palisades Park - 3 - Development Standards r Zi 0 I1dITIATIVE R3: 3 stories/ 40' R4: 4 stories/ 45' R3: 2 stories/ 30' R4: 3 stories/ 35' - 4 - RVC Residential-Visitor Con~tercial District overview The Santa Monica Environmental Protection Initiative is genarally consistent with the Zoning Ordinance's permitted uses in the RVC District with the exception of increasing opportunities ~or uses such as open space, public parks and playgro~nds and by prohibiting hotels, and restricting restaurants. ;" The chart below compares the Zoning ordinance and the Santa Monica Environmental Protection Initiative by listing the permitted uses, uses sub~ect to perfarmance standards permits, uses subject to conditional use permits, prohiba.ted uses and deveiopment standards for both documents. Permitted IIses ZO INITIATIVE Arts and crafts shops Camera shops Conv and Con€ facilities Entertmm~t & cuitural uses Gift or souvenir shops Libraries Marine oriented uses Museums Neighborhoad grocery stores Sg]. fam dwe].lings Multi fam dwellings Night c~ubs w/in hotels Retail uses Ptiblic parks and playgrounds Residentiai uses existing Restaurants Schools Skating rinks Snack shops Swim and health clubs Pier Uses (see ZO p. 40} Accessory ~ses as det by Z~n Admin Other uses as determined by the Zoning Administrator No change, except where noted: Prahibited during 3 year moratorium Restaurants w/ 5o or iess seats; no alcohol The fo~.~.owing additianal uses wil~ be permitted: Open space Public parks & playgrounds Public beaches _ ~ _ Structures & facilitias incidental to the above. :' Uses Subje~t ta Performance Standards Permit ZO Autamobile rental ag~ncies Sidewalk cafes Conditionall~ permittsd IIses zo INiTTATIVE No change except for the fflllowing: Limited ta 50 seats or less, no alcohol INITIATIVE Bed and breakfast facilities Child day care centers Eating and drinking estab, (alcohal) General office uses except grnd floor Hotels and Mo~els Outdoor displays (items 3.isted p41) Parking facilities Shelters for th~ homeless Theaters only in Pier overlay Prohibited Uses ZO Cinemas Rooftop parking on certain parceis Any use not specifically autharized Na change, except where n~ted: Prohibited during 3 Year moratorium Prohibited during 3 year moratorium INITIATIVE Hotels, motel~ during the 3 year moratarium; No conversion to hotels; All uses in Palis. Park except as specfied by EPI Any use not specifically pernaitted by Initiative No change except for the following additions: - 6 - speaific plan zo No section contained in Zoning Ordinance NITIATIVE Specific plan shall be prepared during 3 year moratorium on hotels and motels in the RVC district of the Beach Overlay. The plan shal~ only permit add'1 rooms if no signi~. adverse effects on envir., traffic, and quality o~ life will occur. ;` - 7 - C2 Neighbarhood Ccmmercial District The Santa Monica Environmental Protection Initiative is g~nerally consistent with the permitted uses in the C2 District with the axception of increasing the opportunities fQr usas such as open space, parks and recreation facilities. The Initiative is inconsistent with the Zoning Ordinance by prohibiting restaurants in commercial areas within the Beach Overlay District. The measure affects two parcels ~aned C2 which are currently being utilized as beach parking lo~s. The chart belaw compares the Zoning Ordinance and the Santa Monica EnvironmentaZ Protection Initiative by listing the permitted uses, uses subject to performance standards p~rmits, uses subject to conditional use permits, prohibited uses and devel~pment standards for both documents. Permitted Uses ZO INITIATIVE Appliance stores Appliance repair shops Art gaileries Artist studios above lst floor Branch otfice banks, savings & loan Barber, beauty shaps Child day care centers ;" Cleaners General office~ above lst floor General retail and spec retail Laundromats Libraries Offices, mtg rms char/youth orgs Photocopy shaps Places of worshi.p P~ant nurseries Restaurants >50 seats, Schools Shoe repair stares SpeciaZa.ty offices Tailors Theaters w/ fewer than Accessary uses to ~erm. Zoning Administrator Other sim. uses per Zoning Administrator no alcohol 75 seats uses per ZA No change, except where noted Prohibited ~- 8 - Addition of the foilowing uses; ~,~ Open space Public parks & playgraunds Public beaches S~urctures and facilities incidental to above uses Uses Subject ta Perfarmance Standards Permit ZO INITIATIV~ Na change, except where noted: Large family day care homes Residential uses abv qrnd flr, rear Senior group housing Shelter for homeless Sidewa~k cafes Prohibited Conditicnally Permittad Uses ZO INITIATIVE Na change, except where Automobile repair shops nated: Banks, savings and loans ins~it. Tak~-out, fast foQd rest. Prohibited Med, dental, optom affic~s {not to exceed 3000 or 25~ of bldg) Theaters over 75 seats Rest. 50 or ~ess, w/aZcohol Prohibited Service stations Prohibited IIses ZO Cinemas Rooftop parking on certain parcels INITIATIVE No change except for the following additions: Any use not speci~'ica~ly authori~ed Drive-in, drive thru restaurants Hatels, motels during 3 year moratorium Restaurants - 9 - C3 Doarntown Commercial Distriot : r avervie~ The Santa Monica Environmental Protection Initiative is generally consistent with the permitted uses in the C3 District with the exception of increasing opportunities for uses such as open space, public parks and playground facilities. The Initiative is inconsistent with the Zoning Ordinance by prohibiting restaurants in commercial areas within the Beach Overlay District. The measure affec~s only one small parcel a~ the southwest corner af the City. Further, this parcel has been designated ~P-4 on the xnterim Zoning Map approved by the City Council as part of its decision on the Ocean Park Plan. The chart beZow campares the Zoning Ordinance and the Santa Monica Environmental Protection Initiative by listing the permitted uses, uses subjact to performance standards permi~s, uses subject ta conditional use permits, prohibited uses and develop~ent standards for both documents. Permitted Uses ZO INITIATIVE Barber, beauty shops Business colleges Child day care centers Cleaners Dance Studias Electric Distrib Substations Art gall~ries Artist studzas above lst floor Auditoriums Bakeries Banks, savings & loans instit. Photocopy shops P~aces of worship Restaurants Shelters for the homeless Offices, mtg rms char/youth orgs Party equipment rentals No change, except where noted: Exercise faciiities General offices General retail and spec retail Hotels, matels Prohibited during 3 Year moratorium Laundromats Medical, dentai, optom. clinics and labs Medical equipment rentals Museums Prohibit~d - 10 - Tailors Theaters Trade schools Variety stores Acc~ssory u~es to perm. uses per ZA 4ther similar uses per ZA Addition of the following uses: Open spaca Public parks & playgro~nds Public beaches Sturctures and facilities incidental to above uses Uses Subject to Performance Standards Permit ZO INITTATTVE Automobile rental agencies Automobile parking ~ots Residential uses Sidewalk cafes No change, except where noted: Prohibited Coaditionally Permitted Uses zo INITIATIVE No change, except where noted: Automobile parking structs. Bed and breakfast facilities Billiard parlors gowling alleys Cinemas Clubs and lodges Convention and canf. facs. Funeral parlors and mortuaries Liquor stores Night clubs Open air farmers raarkets Service stations Skating rinks Take-out restaurants. Vehicle repair & equip fac~lities Prohibited during 3 year moratorium Prohibited Pr~hib~ted Uses ZO INIT~ATIVE - 11 - :" Any use not specifically authorized Rooftop parking on certain parcels. Drive-in, drive thru restaurants - 12 - No change except for the follawing additions: Hotels, motals during 3 year moratorium; Restaurants :` LAND USE ELEMENT OBJECTIVES AND PQL~CIES Overview The Santa Monica Environmental Pratectian Initiative is cansistent with the Land Use Element (adQpted October 23, 1984) with the exception of certain polices pertaining to the Ocean Front District and residentia~ development standards. The Land Use Element encaurages hotel, vis~.tor accommodations, and restaurant uses in the Ocean Front District, which the Santa Manica Enviranmental Protect~.on Initiative praposas to restrict. The Santa Monica Enviranmental Protaction In9.tiative is potentially inconsistent with the following Land Use Element Policies. Bold faced sentences following specific polzcies serve ta identify and briefly describe the areas of possible inconsistency. OCEAN FRONT DISTRTCT 1.5 Q&7ECTiVE; Expand visstQr accommodations and related uses in the + ~cean~ront area, while protec~ing the ex~sting residential mix. POLICIES 1.5.1 Devote oceanfrant District primari~y to visitor accommadations and commercial recreation. The Santa Manica Environmental Pratection ~nitiative may restrict overniqht visitor accommodations in the Beach Overlay District durinq the three year moratorium on hotel/motel development. The Initiative may also restrict the availability of food sexv~iae by prahibitinq restaurants in all areas of the Beach Overlay District except for the RVC zone. 1.5.3 Encourage Iand assembly for visitor accommadations and promate provisions for beach ariented commercial usas and viewing platforms availab~e to th~ pubZic along the Pro~nenade , The initiative ~nay restrict overnight v~sitor accommcdations in the Beach Overlay District during the three year moratorium. The initiative ntay restrict food serviae to vis3tors by prohiHiting restaurants in aZl areas except the RVC zone in the Beach Overlay Distriat. i.5.4 En~ourage day and night pedestrian activi.ty a~ang the street frontages on Main Street, ~cean Avenue and the Promenade, by requiring active uses oriented to walk~in traffic, Especially retail, and cammercial recreation, small inns, and restaurants. - 13 - Uses oriented to wa~k-in traf~ic may be restricted. Small inns wi~l be prohibited during the three year moratorium. Restaurants will be prohibited except in the RVC zone. 1.5,8 The ~cean Avenue frontage west af Dawntown and the area between Ocean Avenue, the Pramenade, the Pier, and Pico Baulevard shall be devoted to the cons~rvation of the existing residential uses and new visitor-serving uses including hotels. Allowab~~ intensity shall be as follows: Ocean A~enue between California and Colorado Avenues 2.0 FAR and 3 stories (45') Between Ocean Avenue and Appian Way 2.5 FAR and 4 stories (56') Between Appian Way and the Promenads 1.0 FAR and 2 stories (30') The znitiative praposes more restrictive height standards in areas designated R2 and R3. f - 14 - ~ANU USE PLAN ~F THE LOCAL COASTAL PRDGRAM GOALS AND POLICIES overview The Santa Monica Environmental Protection Initiative is generally consistent with the goa],s and policies of the June 1986 draft of the Land Use P~an (LUP) of the Local Coastal Program with the exception of policies relating to visitor serving uses and accommadations, and restrictions on future permitted uses such as transit center without voter approval. The fol~owing outlines those policies contained in the LUP that are potentially inconsistent with the Initiative. The text of the policies reflect the changes requested by the Coastal Commission. Language in italics is proposed to be deleted, and language in bold type is propvsed to be added. Bold faced sentences following specific policies s~rve to identify and briefly describe the areas of possible inconsistency. ~oALs Section 30Q01.5 of the Caastal Act includas a set of basic gaals for each coastal protection prdgram in the State, The policies adopted in Santa Monica's LocaZ Coastal Land Use P1an are intended to accomplish the following goals: C. Maximiae public access to and alang the coast and maximize public recreational ogportunities in the Coastal Zone consist~nt with saund resource conservation principles and canstitutionally protected rights af private proper~y owners. By restrictinq hotels and motels, the Initiative may decrease the availability of existing a~ernight acoommodations far visitors. ~ This is incansistent with the goal of maximizing public access to the coast. D. Assure priority for coastal-dependent and coastal-related developmen~ over other development an the caast. Ho~els, and motels are considered to be oaastal related development. The Initiative prohibits for three years hatel and motel uses in the Beach Overlay District. G~NERAL POLICIES 12. Property New development located north of the Pier between the Pacific Coast Highway and the shoreline shall be required to assist in enhancing public access to the beach through development of a funding mechanism such as - 15 - contribution to a new dev~lopment fee established to enhance existing access and develop new accessways such as the extension of the ~each promeaade to the nvrth beach or a pedestrian overpass. The fun~s shali be dep~sited into a separate coastal access accoun~ admin~stered by the City, s~bject to approval of expenditures by the Exeautive Direator of the Coastal Comraission; however, the pxojects to He funded by the account sha21 be delineated in the Implementation Plan. The fee shall be assessed an residential ~nits an a per unit basis, and on aammercial or other development on a per gross square foot basis. The amount of the fee shsll be set forth ~n the ImpZamenta~ion Plan and based upon the estimated aosts of specific access projeats to be funded, divided by the total ~umber of xesidential units plus the qross square footage o€ commercial and other development subject to the fee. By restricting hotels and motels, the ~nitiative may indirectly affect public access by reducinq the amount of fees provided by this type of deve~opment. This wil~ result in an overall reduction in the funds dediaated to increasinq public acceas, Transit 19. Transportation alternatives tv the automobile shall be provided including maintaining and enhancing bus service to and within the Coastal Zone and developing and maintaining a shuttle system within the Coastal Zone i~ a pilot shuttle program praves effective and economzcally feasible. The pilot shuttZe program shall be implemen~ed within five years from the date of Commisaion certification o~ the Land use Flan and shall be operated far a mini~um of two consecutive gvmm~r seasans. The shuttle shall prdvide service to the popular coastal destination~, to inaiude the north and south Santa Mcnica state beach area, the Pier, the Main Stree~ commercial area, and the Third Street Mall/Downtown area. The shuttle program shall provide a mafn shuttle user parkinq facility but also use other pubiic and private parking ~acilxties required ta provide general public coastal access parkinq. The City ~ha11 prepare a report to thQ Commission on the pi~ot shuttle program after each seasan of operation. The Commission shall review, and if necessary, make reCOmmendatiohs tc the City on chanqes to ;~ the shuttle proqram. The speci~ics of the pilot program (routinq, sche~vlinq, advertisement, stop Yaaatians, etc.) shall be provided in the Implementation Plan. The Initiative restricts future perntitted uses to only those specifically called out by the Initiative. Implementation plans for an ~~effeot~.ve and economicaliy feasible+~ shuttle program ntay require supporting land uses that have nat been antia~pated or identified as a permitted use. RECREATION AND VI;3ITOR-SERV~NG POLICIES - 16 -- 30. Lower cost visitor and recreational facilities shall be protected, encouraged, and, where feasibla~ provided. Developments providing public recreationa~ opportunities are preferred. ~,~ Additianal overniqht visit~r accammadatians ~ill be restricted in the Beach overlay Dis~rict. - 17 - SANTA MaNICA 8TATE SEACH RESOURCE MANAC3EMENT AND DEVEIAPMENT PLAN The Santa Mon~ca State Heach Resource Management and Development Plan (Beach Plan) was appro~ed by the City Council on September 27, 1983 and approved by the State Parks and Recreation Commission on March 9, 1984. The Beach Plan is intended to function as a decision making guide to help clarify and direct the development and maa.ntenance of the recreatianal patentiai of the Santa Monica State Beach. ;` overview If the pending development proposal for 415 Pacific Coast Highway fails to be appraved by City Council, the Santa Monica Environmental Proteetian Initiative could potentially be inconsistent with the Santa Monica S~ate Beach Resaurce Management and DevelQpment Plan. The fut~re use of the propexty would be limited ta on~y those uses identified in the B~ach Overlay District and the R4 ~ona.ng District. Uses identified in the following policy such as restaurants, museums, and theaters, would be prohibited. 3.3.1 Recreation Activities and Facilities a) The beach should be considered a regional recreational facility and part of a local and state-wide beach recreationa~ system, b) The beach should be vxewed as an urlaan facility. c) All activities at the beachfront must be compatible with beach recreatiQn, the primary activity, and related to i~. Activities which should be planned for are: - Beach recreation: bathing, swimming, strolling, and wading, aZso surfing, body-surfing and watar skiing. - Active outdaor recreation: volleyball, gymnas~ics, and various games. - Passive recreation: social gatherings, family outings, and peer groupings. - Biking and skating. - Pier relat~d activities: fishing, strolling, amusements and eating. d) Extensive boating should n~t exceed capabilitie~ of the existing breakwater. e) Compatible wintertime uses are swimming, wading, walking, picnicking, biking, fishing, surfing, acti.ve outdoar sports. .- ~ - 18 - f) The following recreation facilities should be considered: - Recreation service areas - incorporating facilities for sanitation (restrooms), changing room, foad and beach concessions, outdoor showers, and drinking fountains. - Promenade and walkway incorporating lighting. - Outdoor recreatian areas incorporating children's play grounds and facilities for active outdoor sports. - A bikeway extending the length af the beachfront whose placement and design minimizas conflict between the pedestrian and bicyclist. (g) Generally appropriate activities and facilities on the public property at 415 Pacific Coast Highway, Santa Manica State Beach include, but are not limited to thoae listed above, and and other activities and facilities such as: - Picnic areas for families, organized recreation groups and other persons. - A variety of restaurants and other food-service ~ establishments rangsng from simple, law cost "take aut" stands to sophisticated "sit-down" res~aurants. - Museums and displays which preserv~ or present histaric, architectural, or cultural features of the beachfrant and coastal area. - Small theaters and other group gathering places which enrich the mix of uses at the beach and that do not disturb the quiet ambience of the beach and surrounding areas. - Parking areas for automobiles, buses, motorcycles, bicycles and other vehicles to facilitate access to the beach area. - Lodging facilities such as cabanas, and youth hostels which pro~ide an added dimension of visitor access to the beach area. - Recreational facilities that may include pass~s for specific time periods, with a high degree of access to the g~neral public, including single day use mem]aerships and open annual memberships, which pro~ide regu~ar access to nan-member recreational groups, and facilities, activities and services which assist in the provision of beach access to all persons, including speciaz populations such as disabled persons, seniar citizens, and economical~y disadvantaged persons. - Beach maintenance and public safety facilities to maintain a high q~ality and safe beach environment, - Public physical fi~ness areas, pragrams and activities. Listing of the above uses as generaZly appropriate does not canstitute approval of any particular develapment proposa~, and daes not affect applicable local or envir~nmental review or any applicable develop~ent perm~ts which wauld be required. h) The broadest array of facilities a~d services must be a~ailable at the beach in order to reflect the socia-econamic needs of the regional population. _ l.g - w/smepi - 20 - iY ~~~ ~ SEP 2 6 1989 CMD:FIN:ymk:sobsmle2 Council Meeting: Septemher 26, 1989 Santa Monica, California T0: Mayor and City Council FROM: City Staff SUBJECT: Addendum to Staff Report: "Information Concerning Ballot Tnitiatives Sponsored by Save Our Beach (SOB) and Santa MQnicans for a Livable Enviranment (SMLE) Cominittees Attached are revis~d pages to Attachments D and E. These revisions are necessary as the previous revenue impact analysis incarrectly assumed that the praposed office development at 1733 Ocean Ave~ue would be impacted by the initiative. The impact of this correction is to reduce the estimated revenue loss under SOB and gain under SMLE (exclusive of Transient 4ccupancy Tax earmarking} by $22,50~. Prepared by: Mike Dennis, Director of Finance ~ ~~~ ~ s~~ ~ ~ lsa~ 4/18la9 Save our Beach Initiattve Baseltne Fund Trans~ent Occupancy Tax General Property Tax General Ut~Eity Users Tax General Business License Tax General 5a1es t~x General Land ~ease Beach Sub-1'otal Full Development Transient Qccupancy Tax Genersl Property Tax Genersl Eltility Users Tax Gene~al Busines5 License Tax General Sales Tax Genersl Lahd Lease Be~ch Suh-Tntal Irnpact on Revenues Annual Revenue Impact (1) Loews one Pico ~1,717,700 (4) 8525,300 (8} 67,000 (5) 9,800 (9) 75,700 (6) 38,500 (10) 17,TOU (7) 7,700 (7} 64,000 (7) 19,400 (7) 0 0 51,34i,500 Sb00,700 $1,ii7,700 (4) 5525,30U {8) 67,QQ0 (5) 9,800 i9) 75,740 {b) 38,500 (10) 17,100 (71 7,700 (7) 64,000 (7) 14,400 (T> 0 0 $1,361,54U ~604,700 $o sa 1~4b pCe9n 415 Pacific Coast Ave, (2) "' Highway (3) Tota! ;99.700 (1'F'~ EO t1, 742, 700 ~ Z.600 (7? 2D0 (15 ) 7'Q~ 60Q ~` iG,4fl0 {12) 4,800 (1~} 135,40Q 1,000 (71 , 2,100 (17) 27,900 0 (13? 400 (18? 84.304 0 250,000 (23) 250~Q40 3if9.700 $258,UOQ f2,319,900 5703,50Q i1G) $1,711,500 t2~) $4,058,000 4Z.1E~I3 (Ty: 88,504 (2~) 207,000 24,60Q (7j~ 102,604 (22) 241,4C?Q ~,800 f~l~" 58,800 (2U) 92,b00 13~'~04 ~ 105,b00 (2Z) x02,300 0 9,oaa,ooo ~z3) ~, 1,Oao,oa0 5742,'S90 E3,U65,500 #5,~t11,9D0 ~f672,~0) (x2~80a,690) (53.681,200y 91M1BIa4 Nntes• (1) The analysis assumes the followtng: a) Revenue impact ts for a full yeer. h) Hotel occupancy Will bc stable begirming in the first year. (2) The beselane ass~mas that the Kenaington Motel wi[l continus oper~Cions. Arcth'tli~t9 to tl~e ~P~'~ M~~~.. ti~e ho[el i~ ourrently clased ~d a decis~on an 4heopen~na it wi[! rwt be ntl~de unt~t [ate next ~ponth. lh~der full developn~ent, it is assumed that the hatel wou[d I~e replaced by the Magu'sre ihoeias praject. {3) The baseline assumes thc Sand and Sea Club wouEd continue without further development. Under fuil development, it ~s assumed the preperty wou~d be developed as detailed in the developer~s proposel. i4) C~lculat~ans based on EiR, revised to reflect the Eatest T01 rate and tv adjust 1985 daller valu~s to 198f3 dallars (+12.6X). (5) Calculations based on secured va We m EIR, revised ta reflect the Lity~s port~on of the property tax anci ta ad~ust 1985 dollar valUes to 19$$ dol{ars (+12.6~1. E35,OOO,OOq x i.126 x iS~ x 17~6. (6) Calculat~ons based on EIR, revised to reflect the latert utality tax rate and to ad~ust 1985 dollar values tn 1988 dollars (+12.6~). 542,000 x 1.12b x 8/5. (7) Amount t~ken from the E1R, arxi adlusted to reflect 1988 dollar values. (8) Calculations hased on EIR, rev~sed to reftect the ~atest T0~ rate and to reflect 1988 dol[ar values (+G.6%). 1z% tax x S90/room x 365 days x 19b rvans x b5X occupancy x 1 046. (9) Calculatians based on EIR, revised ta reflect the City's portion of the property tax and ad~usted to reflect 1988 dollar values (+4.6X). R5,507,D00 x 1.046 x 1X x 17~. (10) Calru[At~ons based on EIR, revised ta reflect the latpct util~ty tax rate ancl adlusted to reflect 19F3b dotiar values 9118/89 $23,490 x 1.~46 x 8/5. .(11) Calculaxion~ be~aed an EIR, revl~~d kQ reflect the lqkest TOT rate~erd adlu~ted to reflect 1988 doller value~. T~X tax x 34lS/rooe x 365 days x 91 roama x 52'X oceupericy x 1.U4Fiw (12) Calcu(r~taon based on 41 rooms t~mes SZBOlroan (per latest 3 year City forecast ) (13) 8ased on reports fratn tfie 5tate Boarcf af Equal~zatton. (74> Calcuiat~ons based un EIR, rev+sed to reflect tl~e lete5t TOT rate and ed~usted to reflect 1488 do{lar velues. 92X tax x Si35/room x 3d5 days x 175 rooms x 55X occupancy x 1.046. (15) FY 19$7/$8, as provided by the L.A. County Assessor's offece, revised to reflect the C~Cy's portion of the "possessory ~nterest tax.~~ 51,125 x~7~. {1B7 Calculattons based on financiai analysts performed by Peat Marw~ck & Main, and adjusted tv reflect 1988 dollar values. (17) Prov~ded by Santa Mom ca Business ~icense Dtv~sion (18) Based on reports from the State Board oi Equalization. ('~+~,'~ ~nurtt taken fra~ tha EiR. The tueiness lice~e an~amt 4ncludes restaurani, r~kait, and F~otsl~, iz0) Amaunt taken from the developer's proposat. The tws~ness lrcense emaunt inciudes restaurant 8 Eounge, retail and hvtel. (21) Calculattans based on the developer's praposal, revtsed to reflect the latest ToT rete and to adlust 1985 dolEar vaLues to 7988 dallars (+4.6X). (22) Amount taken from the devefoper's proposal, and ad~usted tp reflect 1988 dollar vaEues. (23) The Sand and 5ea Club currently pays the City of Santa Mom ca E20,833/month. Under full development it is assumed Chat EI,OUO.OOQ/year wtll be pa~d to the City as "Guaranteed Rent", as as spec-fied in thc developer's proposal. 9/18l89 Santa Mom cans for a tiveablc Annual Revenue Impact {1) Envirorvnent fnitative 174~ RceaR 475 Pacif~c Coast eeach Auto 5eavzew ibT Full Uevelopment Fund Loews One P~co k ~.~, ,,~ Ave. {Z~ Highuay (3) Hotel (4) Hotel (5) Total Transient Occupancy Tax General S],117,700 (G7 5525,30Q i10) $703,500 (13) S1,711,500 (35) $9,500 (20) $8,000 (2D) ~4,d75,5UQ Property Tax General fi7,000 (7) 9,800 (11) 42,100 (9) 8$,100 (9} 300 (2f) S00 (21) Uttlity Users Tax Gencra{ 75,700 (8) 38,500 (12) 2G,600 (9) 102,6p0 (9] 400 (17) 300 (17) eusiness l.tcense Tox General 17,10D {9) 7,700 (9) B,BOU (1k) 58,800 (18) 100 (15) 100 (16) sales 7ax General 64,000 (9) 19,400 (9) 13,300 i9) 105.600 i9) 0 (19) 0 (19) Land Lease Beach D 0 0 1,DOO,ODO (23) 0 0 TotaE $1~34a,500 $600,T00 g792.300 S3,Ob6,B00 510,340 58,900 ImpacC on Revenues Total Annual Amount ta Amount to Year 1'07 iZ2) Bay Clean Up Parks 1 E4,075,504 E1,018,875 57,018,875 2 4,238~500 1,059,525 1~059,b25 3 4,408,000 1,102,000 1,102,000 4 4,584,300 1,145,075 1,146,0T5 5 4,75T,700 1,f91,925 1,191,925 6 4,958~400 1,Z39,600 1,239,d00 9/~8/89 7 5,154,7U0 9,289,175 1,289,175 8 5,3E3,000 1,340,T5D 7,340,75D 9 5,577,500 1,344,375 1,394,375 10 5,800,50U 1,450,15Q 1,450,150 $48,930~200 E12,232,550 512,232,550 Nvtes. (7? The enaiysis assuoes #he following. a) Revenue ~mpact ~s for a ful[ year b) Hote1 otcupancy w~[1 he stable begiruiing in the first year. (~) Ass~s that the Ma9uise T#~a~as project Nitl seplac~ tfie Kensir~gton Mote1 (currently et 1746 Ocean Ave.), (3) 148 rooms. (4) 1570 ocean Ave. (5) 1750 Ocean Ave (6) Calculattons based on EIR, revised to reflecC the latest TQT rate and to ad~ust 1985 dollar values to 1988 dollars (+12.6~). (7? Calculattons based on secured value in EIR, re~~sed to reflect the C~ty's po~ttion of the pvoperty tax ar~d to ad~ust 1985 dollars to 1968 dollars (+12.GX). S35,OpQ,D00 x 1.125 x 1~6 x 1TX. (8) Calculattons based on EIR, revtsed to reflect the latest ut~lity tex rate and to adlust 1985 dollar values to 1988 dollars (+~2,6X) ~42,OD0 x 1.126 n e/5. (9) Arnount taken from E1R, and ad~usted to reflect 1988 dollar values (10) Calculattons bayed an EIR, revised ta reflect the latest TOT rate and ta reftect 1988 dollar ~aiues (+G.6%).