SR-6H (10)
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MAR 2 " \.",
CA:RMM:bar130b/hpc
City Council Meeting 3-26-91 Santa Monica, California
STAFF REPORT
TO: Mayor and City council
FROM: City Attorney
SUBJECT: Ordinance Suspending Implementation of Program
10 until a Program 10 Implementing Ordinance
is Adopted, Repealing Ordinance Numbers 1486 (CCS)
and 1529 (CCS), and Nullifying Previously
Imposed Program 10 Conditions
At its meeting on March 19, 1991, the city Council
introduced for first reading an ordinance that would suspend
implementation of program 10 of the Housing Element until such
time as an implementing ordinance is adopted by the City Council.
In addition, the ordinance would repeal Ordinance Numbers 1486
(CCS) and 1529 (CCS) relating to Program 10 conditions and would
nullify any previously imposed Program 10 condition. The
ordinance is now presented to the city council for adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be adopted.
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MAR 2 6 1991
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CA:RMM:barI45/word
Clty council Meeting 3-26-91 Santa Monica, California
ORDINANCE NUMBER 1576(CCS}
(City council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA SUSPENDING IMPLEMENTATION OF PROGRAM 10 CONDITIONS
UNTIL ADOPTION OF PROGRAM 10 IMPLEMENTING ORDINANCE,
REPEALING ORDINANCE NUMBERS 1486 (CCS) AND 1529 (CCS) ,
AND NULLIFYING PREVIOUSLY IMPOSED PROGRAM 10 CONDITIONS
WHEREAS, Program 10 of the Housing Element of the General
Plan of the City of Santa Monica adopted on January 25, 1983,
provides for a replacement housing program where removal of
existing mUltifamily residential rental dwelling units occurs in
order to preserve and maintain the City's overall housing stock;
and
WHEREAS, on April 25, 1989, the City council directed the
preparation of an environmental impact report on a proposed
ordinance implementing Program 10; and
WHEREAS, the environmental impact report on the proposed
ordinance has not been completed as of this date; and
WHEREAS, the City Council desires that further study be
undertaken concerning the type and nature of ordinance enacted to
implement Program 10j and
WHEREAS, currently pursuant to Program 10, Ordinance Number
1486 (CCS) , and Ordinance Number 1529 (CCS) , approval of any
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development project where removal of multifamily dwelling units
occurs is conditioned on compliance with Program 10 or any
implementing ordinance thereunder; and
WHEREAS, the City's ability to successfully defend the
imposition of Program 10 conditions against legal challenges 1S
greatly hindered without an implementing ordinance in place,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS:
SECTION l. Any condition imposed in connection with the
approval of a development project prior to the effective date of
this ordinance which required that the developer comply with
Program 10 of the Housing Element, or any ordinance adopted by
the City council to implement Program 10, is hereby null and
void.
SECTION 2. until such time as the City Council enacts a
Program 10 implementing ordinance, approval of any development
project where removal of multifamily dwelling units occurs shall
not be conditioned on compliance with Program 10 of the Housing
Element or an ordinance implementing Program 10.
SECTION 3. Ordinance Numbers 1486 (CCS) and 1529 (CCS) are
repealed.
SECTION 4. Any provision of the Santa Monica Municipal Code
or appendices thereto inconsistent with the provisions of this
Ordinance, to the extent of such inconsistencies and no further,
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are hereby repealed or modified to that extent necessary to
affect the provisions of this Ordinance.
SECTION 5. 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 any 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.
SECTION 5. 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 after 30 days from its adoption.
APPROVED AS TO FORM:
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ROBERT M. MYERS
City Attorney
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Adopted and approved this 26th day of March, 1991.
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. v Mayor
I hereby certify that the foregoing Ordinance No. 1576(CCS)
was duly and regularly introduced at a meeting of the City
Council on the 19th day of March 1991i that the said Ordinance
was thereafter duly adopted at a meeting of the City Council on
the 26th day of March 1991 by the following Council vote:
Ayes: Councilmembers: Genser, Holbrook, Katz, Olsen,
Vazquez, Zane, and Mayor Abdo
Noes: Councilmembers: None
Abstain: Councilmembers: None
Absent: Councilmembers: None
ATTEST:
AJI'//L
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