SR-6-E (109)
...~. . ~ (P-6
CA:RMM:11566g/hpc/pc NOV '2 6 1991
city Council Meeting 11-26-91 Santa Monica, California
STAFF REPORT
TO: Mayor and City Council
FROM: City Attorney
SUBJECT: Ordinance Establishing a Moratorium on Multifamily
Residential Development with certain Exemptions in
Order to Comply with Proposition R
At its meeting on November 19, 1991, the city Council
introduced for first reading an ordinance establishing a
moratorium on multifamily residential development with certain
exemptions in order to comply with Proposition R. The ordinance
is now presented to the City Council for adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be adopted.
PREPARED BY: Robert M. Myers, city Attorney
~v-: ~I
! I
CA:RMM:ll566c/hpc/pc
Clty Council Meeting 11-26-91 Santa Monica, California
ORDINANCE NUMBER 1609(CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ESTABLISHING A
MORATORIUM ON MULTIFAMILY RESIDENTIAL DEVELOPMENT
WITH CERTAIN EXEMPTIONS IN ORDER TO
COMPLY WITH PROPOSITION R
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Findlngs and Purpose. The City Council finds
and declares:
(a) On November 6, 1990, the voters of the City of Santa
Monlca approved Proposition R, adding Sectlon 630 to the City
Charter to read as follows:
The City Council by Ordinance shall at all
tlmes requlre that not less than thirty
percent (30%) of all multifamlly-resldential
houslng newly constructed in the City on an
annual baS1S lS permanently affordable to and
occupied by low and moderate lncome
households. For purposes of this section,
"low income household" means a household with
an income not exceeding sixty percent (60%)
of the Los Angeles County median income,
adjusted by famlly size, as published from
- 1 -
.
time to time by the United states Department
of Houslng and Urban Development, and
"moderate income household" means a household
with an income not exceeding one hundred
percent (100%) of the Los Angeles County
median lncome, adjusted by family size, as
published from time to time by the United
states Department of Housing and Urban
Development. At least fifty percent (50%) of
the newly constructed units required to be
permanently affordable by thlS Section shall
be affordable to and occupied by low income
households.
(b) On December 29, 1990, the City published notice that on
January 8, 1991, the city council would consider issues relating
to the implementation of Proposition R including whether the
thirty percent (30%) requirement of Proposition R could be met on
site or off site, whether an in-lieu fee would be permitted, and
whether the thirty percent (30% ) requirement had to be met on a
project by project basis. This notice also provided that at the
January 8, 1991 meeting, the City Council would consider
dlrectlng staff to prepare an ordinance to lmplernent Proposltion
R.
( c) City staff prepared a staff report for the January 8,
1991 Clty Councll meeting identifying the issues that had to be
addressed as part of the implementation of Proposition R,
suggesting a process for obtaining public input, presenting city
staff's resolutlon of issues raised by Proposltlon R's
- 2 -
lmplementatlon, and recommending that staff be directed to
prepare an ordinance implementing Proposition R.
(d) At its January 8, 1991 meeting, the City council
directed staff to prepare an ordinance implementing Proposition R
and to return the ordinance to the Clty Council on February 26,
1991.
(e) The Santa Monica Planning Commisslon, as well as other
groups in the community, believed the schedule for the return of
the ordinance dld not provide opportunities for adequate review
of varlOUS alternative strategies for lmplementing proposition R.
(f) At its meeting on February 19, 1991, the City Council
decided to reconsider whether an ordlnance should be prepared and
scheduled for its next regular meeting a general discussion of
implementing strategies.
(g) On March 5, 1991, the city Council directed the City
Attorney to prepare an ordinance prohibitlng the filing of
applications for market-rate residential houslng until such time
as the Council adopts an ordinance implementing Proposition R
excepting from the prohlbition any project in which thirty
percent (30%) of the units constructed on site are available to
low and moderate income persons as provided for in Proposition R.
(h) On March 26, 1991, Ordinance Number 1577 (CCS) was
adopted imposlng restrictlons on new multifamily housing to
ensure compliance with Proposition R. This ordinance will
expire on September 26, 1991.
(i) On April 3, 1991, the Planning Commission reviewed an
outline developed by staff on the issues and information that
- 3 -
would be presented as part of the analysis on the alternative
implementatlon strategies.
(j) In mld-September, a report will be issued by staff on
the "Proposed Implementatlon Strategy Under proposition R.II
(k) During the period between mid-September and November
11, 1991, the public will have the opportunity to review and
comment on the report "Proposed Implementation strategy Under
Proposition R" and attend hearings before the Planning Commission
and City Council.
(1) On October 16 and October 25, 1991, the Plannlng
Commisslon conducted a public hearing and formulated a
recommendation to the city council. The Planning Commission
requested a two or three month extenslon of the eXlstlng
moratorlum ordinance on multifamily residential development to
allow for further public reVlew and Planning commission
consideratlon.
(m) The following ordinance is necessary to enable the city
to meet the requirements of Propositlon R. Proposition R
mandates that on an annual basis not less than 30% of all
multifaml1y residential housing newly constructed in the city be
permanently affordable to low and moderate income households.
Hlstorically, multl.faml1y residential housing developed in the
city has fallen far short of thls JO% requirement. Th1S trend
continues to date. Thus, unless this emergency moratorium 1S
extended, and only projects providing 30% affordable houslng
consistent with Proposltion R are exempted, the City wlll not be
able to meet the mandate of proposition R. This ordinance
- 4 -
ensures that the Clty will comply with Proposltlon R while
studying approaches for long-term implementation of the measure.
SECTION 2. Morator1um.
(a) Subject to the exemptlons set forth ln Sectlon 3 of
thlS Ordinance, a moratorlum lS hereby placed on the acceptance
for processing of any appllcatlons for approval of tentative
tract maps, tentative parcel maps, adminlstrative approvals,
development review permits, conditional use permits, or any
other city permits for the erection, construction, movlng, and
excavation and grading for, any multl-family residentlal
bUllding or structure.
(b) Subject to the exemptions set forth in Section 3 of
this Ordinance, the Planning commission and Clty staff are hereby
dlrected to disapprove all applications filed after March 5,
1991, for approval of tentative tract maps, tentative parcel
maps, administrative approvals, development review permits,
conditlonal use permlts, or any other city permits for the
erection, constructlon, moving, and excavation and grading for,
any mult1-fam1ly bU1lding or structure.
SECTION 3. Exemptions. The followl.ng applications are
exempt from the provisions of Sectlon 2 of thlS Ordlnance:
( a) Applications for approval of permlts involvlng the
erection, construction, enlargement, demolitlon, or movlng of,
and excavat10n and grading for any multiple dwelling development
intended for rental houslng for persons of low and moderate
lncome or for senior cltlzens, and which development is flnanced
by any federal, state or C1ty housing asslstance program or owned
- 5 -
----
by any non-profit organizat1on, provided a deed restriction is
recorded restricting the development to such purpose.
(b) Applications for approval of permits involving the
rehabilitation or enlargement of eXlstlng dwelling units.
(c) Applicatlons for projects filed prior to March 6, 1991.
(d) Appllcat10ns for approval of permits 1nvolving the
construction and excavation and grading for, proJects where the
following requirements are met:
( 1) The appl1cant proposes that thirty percent (30%)
of the total number unlts to be constructed on site by the
appl1cant, excluding any density bonus units the applicant 1S
entltled to under Government Code Sect10n 65915, shall be
permanently affordable to and occupled by low and moderate income
households as prov1ded for 1n this subsection.
(2 ) For purposes of this subsection, "low lncome
household" means a household wlth an lncome not exceed1ng Slxty
percent (60%) of the Los Angeles County median 1ncome, adjusted
by family Slze, as published from tlme to t1me by the Unlted
States Department of Hous1ng and Urban Development, and "moderate
income householdll means a household w1th an income not exceeding
one hundred percent (lOO%) of the Los Angeles County median
1ncome, adJusted by family Slze, as publ1shed from t1me to time
by the United States Department of Housing and Urban Development.
( 3) At least fifty percent (50%) of the newly
constructed unlts required to be permanently affordable by this
subsection shall be affordable to and occupled by low income
households.
- 6 -
(4 ) The prov1s1ons of Munlclpal Code Sectlon 9423 (b) ,
(c) , (d) , (e) , and (f) , Municipal Code Section 9427, and
Municipal Code Sectlon 9428 shall be complied wlth as to such
inclusionary unlts.
(5) Pr ior to the issuance of a building perm1t for a
project exempt under this subsection, the applicant shall submit
deed restr1ctlons or other legal instruments settlng forth the
obligations of the appllcant under thlS subsection for City
reV1ew and approval. Such restrictlons shall be effectlve for
the lifetime of the proJect.
(6) The requlrements of this subsection shall be made
condltlons to the approval of any application filed pursuant to
th1s subsectlon.
SECTION 4. This Ordinance shall be of no further force and
effect on April 10, 1992.
SECTION 5. Any prov1sion of the Santa Monica Munlcipal Code
or append1ces thereto inconsistent wlth the provlslons of this
Ordinance, to the extent of such lnconslstencles and not further,
are hereby repealed or mod1fied to that extent necessary to
affect the provlsions of this ordinance.
SECTION 6. If any section, subsectlon, sentence, clause, or
phrase of this Ordlnance 1S for any reason held to be inval1d or
unconstitutional by a declslon of any court of any competent
jurlsdlctlon, such decls10n shall not affect the validity of the
remaining portions of this Ordinance. The Clty Council hereby
declares that 1 t would have passed this Ordinance, and each and
- 7 -
-
.
, . .
every section, subsect1on, sentence, clause, or phrase not
declared invalid or unconstltut1onal without regard to whether
any portion of the Ordinance would be subsequently declared
1nvalid or unconstitutlonal.
SECTION 7. The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance. The city Clerk shall
cause the same to be pub11shed once in the official newspaper
w1thln 15 days after its adopt1on. ThlS Ordinance shall become
effective 30 days from the date of adoption.
APPROVED AS TO FORM:
~ 1.0..- . \ TI-
ROBERT M. MYERS
city Attorney
- 8 -
. .
Adopted and approved this 26th day of November, 1991.
~ ~/?
, ayor
I hereby certify that the foregoing ordinance No. 1609(CCS)
was duly and regularly introduced at a meeting of the city
Council on the 19th day of November 1991; that the said Ordinance
was thereafter duly adopted at a meeting of the City Council on
the 26th day of November 1991 by the following Council vote:
Ayes: Councilmembers: Genser, Holbrook, Katz, Olsen,
Vazquez, Zane, Mayor Abdo
Noes: Councilmembers: None
Abstain: Councilmembers: None
Absent: councilmembers: None
ATTEST:
J&V/;o'~
~~ city Clerk I