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city council Meeting 11-7-95
Santa Monica, California
NOV 0 7 1995
TO: Mayor and city council
FROM: city Attorney
SUBJECT: Ordinance of the City council of the city of Santa
Monica Amending Article IX of the Santa Monica
Municipal Code to Require Deed Restrictions for
Certain Projects in commercial Districts Which
Receive A Density or Height Bonus
At its meeting on October 17, 1995, the City Council
introduced for first reading an ordinance amending Article IX of
the Municipal Code to require deed restrictions for certain
projects in commercial districts which receive a density or height
bonus.
The ordinance is now presented to the city council for
adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying ordinance
be adopted.
PREPARED BY:
Marsha Jones Moutrie, City Attorney
Mary H. Strobel, Deputy City Attorney
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NOV 0 7 1995
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f:atty\muni\laws\mhs\deedord
City Council Meeting 11-7-95
Santa Monica, California
ORDINANCE NUMBER 1828 (CCS)
(City council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING ARTICLE IX
OF THE MUNICIPAL CODE TO REQUIRE DEED RESTRICTIONS
FOR CERTAIN PROJECTS IN COMMERCIAL DISTRICTS
WHICH RECEIVE A DENSITY OR HEIGHT BONUS
WHEREAS, existing Zoning Ordinance provisions grant a density
or height bonus for projects in commercial districts which include
a specified amount of area devoted to residential use and meet
other criteria; and
WHEREAS, a mechanism is needed to prevent buildings receiving
such a bonus from being converted to non-residential or other uses
inconsistent with the terms of the bonus; and
WHEREAS, the city is desirous of insuring that the residential
units in projects which receive density or height bonuses remain in
residential use for the life of the project; and
WHEREAS, the Housing Element of the General Plan contains
POllCY Statements #A- 1.4 and #B-1.2 which call for City action to
encourage housing prOduction in commercial zones and to preserve
housing units created in these areas; and
WHEREAS, on April 12, 1995, the Planning Commission adopted a
Resolution of Intention announcing its intention to recommend
amendment of the Comprehensive Land Use and Zoning Ordinance to
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deed restrict residential units in projects located in commercial
zoning districts which receive density or height bonuses; and
WHEREAS, the Planning Commission held a public hearing on the
proposed Zoning Text Amendments on May 17, 1995, and made
recommendations to the City council to adopt such amendments; and
WHEREAS, the City Council held a public hearing on the
proposed Zoning Text Amendments; and
WHEREAS, the City Council finds and declares that the proposed
Zoning Text Amendments are consistent in principle with the goals,
objectives, policies, land uses, and programs specified in the
Housing Element of the General Plan in that the Housing Element
calls for city action to encourage housing production and preserve
housing units in commercial zones; and
WHEREAS, the public health, safety and general welfare require
the adoption of the proposed Text Amendments in order to preserve
and encourage housing production throughout the commercial zoning
districts of the City,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS:
Section 1. Section 9.04.08.14.065 is hereby added to the
Santa Monica Municipal Code to read as follows:
9.04.08.14.065 Deed Restrictions.
Prior to issuance of a building permit
for a project which has received a density or
height bonus pursuant to this Part, the
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applicant shall submit, for city review and
approval, deed restrictions or other legal
instruments setting forth the residential use
requirements
for
the
project.
Such
restrictions shall be effective for the life
of the project.
SECTION 2.
Section 9.04.08.16.065 is hereby added to the
Santa Monica Municipal Code to read as follows:
9.04.08.16.065 Deed Restrictions.
Prior to issuance of a building permit
for a project which has received a density
bonus pursuant to this Part, the applicant
shall submit, for city review and approval,
deed restrictions or other legal instruments
setting forth the residential use requirements
for the project. Such restrictions shall be
effective for the life of the project.
SECTION 3.
Section 9.04.08.18.065 is hereby added to the
Santa Monica Municipal Code to read as follows:
9.04.08.18.065 Deed Restrictions.
Prior to issuance of a building permit
for a project which has received a density or
height bonus pursuant to this Part, the
applicant shall submit, for City review and
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approval, deed restrictions or other legal
instruments setting forth the residential use
requirements and retail use restrictions for
the project. Such restrictions shall be
effective for the life of the project.
SECTION 4.
Section 9.04.08.20.065 is hereby added to the
Santa Monica Municipal Code to read as follows:
9.04.08.20.065 Deed Restrictions.
Prior to issuance of a building permit
for a project which has received a density or
height bonus pursuant to this Part, the
applicant shall submit, for city review and
approval, deed restrictions or other legal
instruments setting forth the residential use
requirements and retail use restrictions for
the project. Such restrictions shall be
effective for the life of the project.
SECTION 5.
Section 9.04.08.22.065 is hereby added to the
Santa Monica Municipal Code to read as follows:
9.04.08.22.065 Deed Restrictions.
Prior to issuance of a building permit
for a project which has received a density or
height bonus pursuant to this Part, the
applicant shall submit, for city review and
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approval, deed restrictions or other legal
instruments setting forth the residential use
requirements of the project. Such
restrictions shall be effective for the life
of the project.
SECTION 6. Section 9.04.08.26.065 is hereby added to the
Santa Monica Municipal Code to read as follows:
9.04.08.26.065 Deed Restrictions.
Prior to issuance of a building permit
for a project which has received a density or
height bonus pursuant to this Part, the
applicant shall submit, for City review and
approval, deed restrictions or other legal
instruments setting forth the residential use
requirements for projects. Such restrictions
shall be effective for the life of the
project.
SECTION 7. Section 9.04.08.28.065 is hereby added to the
Santa Monica Municipal Code to read as follows:
9.04.08.28.065 Deed Restrictions.
Prior to issuance of a building permit
for a project which has received a density or
height bonus pursuant to this Part, the
applicant shall submit, for City review and
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,
approval, deed restrictions or other legal
instruments setting forth the residential use
requirements for the project. Such
restrictions shall be effective for the life
of the project.
SECTION 8. Any provision of the Santa Monica Municipal Code
or appendices thereto inconsistent wi th the provisions of the
Ordinance, to the extent of such inconsistencies and no further,
are hereby repealed or modified to that extent necessary to effect
the provision of this Ordinance.
SECTION 9. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or
unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The city Council hereby
declares that it would have passed this ordinance, and each and
every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any
portion of the Ordinance would be subsequently declared invalid or
unconstitutional.
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SECTION 10. The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance. The City Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption. This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
fk,IUA~~k1z^'
MARSHA JON~ MOUTRIE
City Attorney
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Mayor
State of CalIfornia )
County of Los Angeles) 5S
CIty of Santa Moruca )
I, Mana 1\1 Stewart. CIty Clerk of the CIty of Santa MOlllca. do hereby certIfy that the foregomg
Ordmance No 1828 (CCS) had Its first readmg on October 17. 1995 and had Its second readmg
on November 7, 1995 and was passed by the followmg vote
Ayes
CounCIL members
Abdo, Ebner, Genser, Greenberg, Holbrook, O'Connor,
Rosenstem
Noes
CouncIl members
None
Abstam
CouncIl members
None
Absent
CouncIl members
None
ATTEST
'-
~ ~a.d
Cay Clerk