SR-400-001-03 (18)
5-A
CA:RMM: 11415/hpc qPtJ- (?tJ/--O 3 JUN 1 .. 198&.
City Council Meeting 6-14-88 Santa Monica, California
STAFF REPORT
TO:
Mayor and City Council
city Attorney
Ordinance Adding Chapter 4A to Article IX of
the Santa Monica Municipal Code Implementing
Program 12 of the Housing Element
FROM:
SUBJECT:
At its meeting on March 10, 1987, the city council approved
a number of revisions to Program 12 of the Housing Element. The
City Attorney's office was directed to prepare an ordinance
implementing the adopted revisions.
In response to this
direction, the accompanying ordinance was presented for City
Council consideration at its May lO, 1988, meeting.
At the May 10, 1988, meeting, the City Council continued
the public hearing until its June 14, 1988, meeting. During the
intervening time, the city Attorney's office has had an
opportunity to review the comments and suggestions submitted in
three letters, one dated May 5, 1988, and the other two dated May
10, 1988, by the law offices of Lawrence & Harding. Most of the
comments are non-substantive in nature and in many cases have
been inserted into the ordinance.
The major components of program l2 as adopted by the City
council are as follows:
1. It applies to projects containing five or more
housing units.
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5-A
JUN 1 4 13B~
.
.
Market Rate Unit. A dwelling unit as to which
the rental rate is not restricted by this Chapter.
Maximum Allowable Rent. A monthly housing
charge which does not exceed 30% of the median
income established by HUD, adjusted for income
level, household size, and unit size. This charge
shall represent full consideration for housing
services and amenities as provided to market rate
units in the proj ect, whether or not occupants of
market rate units pay separate charges for such
services and amenities. Housing services and common
area amenities include but are not limited to the
fOllowing: parking, use of common facilities
including pools or health spas, and utilities if the
project is master-metered.
"Middle" and "Low" Income Levels. Determined
periodically by the City based on the United states
Department of Housing and Urban Development (HUD)
estimate of median income in the Los Angeles-Long
Beach Primary Metropolitan Statistical Area. The
two major income categories are: "middle income"
(81% to 100% of the area median) and "low income"
(80% or less of the area median) . state law also
defines "moderate" income as between 81% and 120% of
the area median. Further adjustment shall be made
by household size as established by the City. The
Planning Department shall make available a list of
middle and low income levels as adjusted, which list
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or moderate income which receive financial assistance from any
federal, state, or local housing program or which are owned by
any religious or other nonprofit organization. Lastly, this
Section provides that projects approved under inclusionary
standards in existence prior to the effective date of this
ordinance on which construction has not begun or for which deed
restrictions have not been executed as of March 10, 1987, shall
satisfy the inclusionary obligation by meeting the standards
contained in this ordinance.
Section 9423. Project Development Requirements. This
section provides that no less than 15% of the total number of
units to be constructed in any project containing five or more
units shall be affordable housing units, with the number of units
required being rounded up or down to the nearest whole number
where appropriate. These units may be located on-site or
off-site. An in-lieu fee may be paid to the City instead of
providing affordable housing. All on-site inclusionary units are
required to be distributed throughout the project area, may not
be significantly different in size and design from the other
units in the project, must be rental units, and must be
constructed concurrently with the construction of the market rate
units.
Section 9424. In-Lieu Fees for Inclusionary Housing.
Instead of building affordable housing on-site, developers may
choose to pay an in-lieu fee to the City, 25% of which may be
used by the city to develop affordable housing for
moderate-income households, and 15% of which may be used for
program administration costs. This Section sets forth a formula
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for determining the amount of such fee, and provides that on-site
inclusionary housing units shall be excluded from the floor area
calculation. All fees on residential development imposed by the
santa Monica Malibu Unified School District pursuant to Assembly
Bill 2296 are deducted from the established fee. The fee shall
be adjusted for inflation and such adjustment is tied to changes
in the Consumer Price Index. This Section further sets forth the
specific procedures to be followed when utilizing the in-lieu fee
option including: payment in full of the fee prior to the
issuance of a certificate of Occupancy for the project~ securing
the fee by execution of an irrevocable letter of credi t; and
depositing such fee in a Reserve Account in the General Fund.
Exempted from this section are housing developments for which an
agreement has been executed to provide an on-site inclusionary
unit and the inclusionary unit has been occupied and any housing
development in which a density bonus has been given pursuant to
Government Code Section 65915.
Section 9425. Fee Waivers. This section provides that the
condominium and Cooperative Tax and Park and Recreation
Facilities Tax shall be waived for inclusionary units. This fee
shall not be waived where an in-lieu fee is paid.
Section 9426. Density Bonus and other Incentives. This
section provides that projects that meet applicable state law
requirements may be entitled to density bonuses or other
incentives.
Section 9427. Pricing Requirements for Inclusionary Units.
This section provides that inclusionary units shall be priced so
that designated households pay no more than 30% of gross monthly
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household income for rent, said rents to be determined by the
City and adjusted by the number of bedrooms in each unit. The
project owners will select the tenants who will occupy the
inclusionary units according to eligibility criteria set forth in
Section 9428.
Section 9428. Eligibility Requirements. This section
provides that only low and middle income households are eligible
to occupy inclusionary units. This section also specifies
persons who are ineligible to occupy inclusionary units,
including employees of the City of Santa Monica with
pOlicy-making authority or influence affecting City housing
programs and the immediate relatives of such employees. Santa
Monica residents shall be given first priority to inclusionary
housing units, with second priority being given to persons who
work in the city, and third priority to all other applicants.
section 9429. Relation to units Required by Rent Control
Board. This Section provides that low and middle income units
developed as part of a market rate project, pursuant to
replacement requirements of the Rent Control Board, shall count
toward the satisfaction of this program if they otherwise meet
applicable requirements for this program.
Section 9430. Deed Restrictions. This Section provides
that prior to issuance of a building permit for the project, the
developer must submit deed restrictions for City review and
approval, setting forth the obligations of the developer under
this program.
section 9431. Availability of Government Subsidies. This
Section provides that the intent of this program is that the
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requirements for inclusionary units shall not be determined by
the availability of federal or state housing subsidies.
Section 9432. Enforcement. This section provides that no
building permits or occupancy permits will be issued for any
project not meeting the requirements of this program. It further
provides that no inclusionary unit shall be rented except in
accordance with the terms of this Ordinance.
COMMENTS SUBMITTED BY LAWRENCE & HARDING
Wi th the exception of the following items, the comments
submi tted by Lawrence & Harding are in the nature of
typographical Changes and minor Clarifying comments which have
been incorporated into the proposed ordinance.
1. Retroactivity. Lawrence & Harding contend that the
proposed ordinance retroactively applies the Program 12 revisions
adopted by the city Council in an unenforceable manner. In
particular, they contend that the City cannot apply this
ordinance retroactively to any developer who has filed an
application for a vesting tentative map that has been deemed
complete prior to the effective date of this ordinance.
By its terms, the proposed ordinance applies to any project
approved after the City Council adopted the underlying pOlicies
on March 10, 1987, to the extent that the conditions placed on
the map do not conflict with those policies. The proposed
ordinance further provides that in connection with payment of an
in-lieu fee, the amount of the fee that must be paid by a
developer is the amount established by the ordinance in effect at
the time of payment.
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A vesting map confers "a vested right to proceed with
development in substantial compliance with those ordinances,
policies and standards in effect as of the date the application
for a vesting tentative map is determined to be complete. "
santa Monica Municipal Code Section 9325(e). In connection with
applications deemed complete subsequent to March 10, 1987, the
policies and standards in effect in the city included the
revisions to Program l2 presented to the City Council on March
10, 1987. The city Council properly adopted such policies and
standards by resolution on March 10, 1987, in accordance with
Government Code Section 66474.2. Although the higher in-lieu fee
could not actually be collected prior to City Council adoption of
an amendment to Ordinance Number 1389 (CCS), which situation is
addressed in Section 9422 (c) (3) of the proposed ordinance, the
policy was in place as of March 10, 1987. Therefore, when any
vesting map was filed subsequent to that date, it was filed
subject to those policies adopted on March 10, 1987.
Moreover, the application of Program 12 or the in-lieu fee
provisions adopted pursuant to it, are not affected by the code
sections cited by Lawrence & Harding. Both Government Code
section 66474.2 and Municipal Code Section 9325(e) are directed
at the determination by the city Council as to "whether to
approve or disapprove an application for a tentati va map. tt The
application of the in-lieu fee contained in the proposed
ordinance merely represents the application of a standard
condition which is placed on all housing projects in the city in
conjunction with approval or disapproval. It has no bearing on
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concurrently with the construction of market rate
units.
(f) Inclusionary units
project site must be rental
ownership projects.
(g) Inclusionary units required pursuant to
this Chapter may be provided at a location within
the city other than the project site. Any such
off-site inclusionary units shall be completed by
the developer of the market rate housing project
prior to the issuance of a Certificate of Occupancy
for the market rate housing unit project and shall
conform to the requirements of the applicable
Building and Housing Codes and the minimum size
provisions cited in section 9423(d). The occupancy
and rents of any such off-site units shall be
governed by the terms of a deed restriction similar
to that used for on-site inclusionary units which
shall take precedence over all other covenants,
liens, and encumbrances.
developed on
uni ts in rental
the
or
SECTION 9424.
Housing.
(a) Whenever the City requires as a condition
of approval of a market-rate housing development
that the development include inclusionary housing
uni ts pursuant to this Chapter. the developer may
pay a fee to the City in lieu of providing such
In-Lieu Fees for Inclusionary
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percent. Lawrence & Harding argue that the ordinance, as
presently drafted, provides no incentive for a developer of
mul tifamily housing to construct as many incl usionary un! ts as
economically feasible if it is impractical to dedicate fifteen
percent of the entire market rate project for such purposes.
This revision has not been included in the proposed
ordinance for the following reasons. First, this issue has never
been raised before and is not a part of Program 12 as adopted by
the city council on March 10, 1987. Second, the proposal is
largely academic since, as a practical matter, it is highly
unlikely that such a resolution will ever be desireable to a
developer. In the experience of staff to date, developers have
sought either to meet their entire inclusionary obligation on- or
off-site or to meet their inclusionary obligation through paying
an in-lieu fee. Not a single developer has ever requested the
option proposed by Lawrence & Harding. Finally, staff believes
that should the Council find the proposal worthy of
consideration, the potential impacts should be studied prior to
implementation by ordinance.
3. Section 9421. Definitions. Lawrence & Harding
recommend that the phrase IIfor the occupants of a dwelling unit"
be inserted after the word lIincome" in the second line of the
defini tion of "income eligibility, " and that the words "the
number of" might be added before the word "elderly" in that
definition. staff does not believe that this suggestion adds or
clarifies anything in this definition.
4. Section 9423. Project Development Requirements.
Lawrence & Harding suggest that the word "ei ther" should
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be deleted from the fourth line of subsection (d), that the words
"of the floor area" should be added after the word "size" and
that the words "the nature and caliber of the" should be added
before the word "interior" in lines 4-5. Further, Lawrence &
Harding suggest that the word "reasonably" be replaced with the
word "generally" in line 10 of this subsection. Finally,
Lawrence & Harding suggest that the words "the average unit" be
replaced with the words "most of the market rate units" in lines
14-15.
Again, while the other comments submi tted by Lawrence &
Harding regarding this subsection have been incorporated, these
suggestions have not been incorporated as they would change the
meaning of the underlyinq subsection. This subsection intends
that a developer may not reduce both the size and the interior
amenities in an inclusionary unit. staff believes that the word
"reasonably" is a more appropriate word than "generally" in this
instance. staff prefers the term "average unit" to the phrase
"most of the market rate units."
5. Section 9424. In-Lieu Fees for Inclusionary Housing.
Lawrence & Harding suggest that the words "could otherwise
require" be inserted in place of the word "requires" in the first
line of subsection (a). This comment has not been incorporated
as it would change the meaning of the sentence. The city does,
in fact, "require" inclusionary housing units as a condition of
approval of market rate housing. The payment of an in-lieu fee
represents the establishment by the Ci ty of a mechanism for
buying out of that requirement.
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RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be introduced for first reading.
PREPARED BY: Robert M. Myers, City Attorney
Laurie Lieberman, Deputy City Attorney
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CA:RMM:lld137/hpc
City Council Meeting 6-l4-88
Santa Monica, California
ORDINANCE NUMBER
(City council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADDING CHAPTER 4A TO
ARTICLE IX OF THE SANTA MONICA MUNICIPAL CODE
IMPLEMENTING PROGRAM 12 OF THE HOUSING ELEMENT
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Chapter 4A is added to Article IX of the Santa
Monica Municipal Code to read as follows:
CHAPTER 4A. INCLUSIONARY HOUSING PROGRAM.
SECTION 9420. Findings and Purpose. The City
Council finds and declares:
(a) The City of Santa Monica has a
responsibility to address the needs of its residents
and residents in the region from all social and
economic groups for decent, affordable housing,
while at the same time maintaining an economically
sound and healthy environment.
(b) The Housing Element of the General Plan
of the City of Santa Monica adopted on January 25,
1983, provided for an inclusionary housing program
to address the need for decent and affordable
housing in Program 12.
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.
.
any portion of the ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 4. 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.
The ordinance shall be
effective 30 days from its adoption.
APPROVED AS TO FORM:
(".,rt~ ..----. ~
ROBERT M. MYERS 0 .
City Attorney
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SECTION 9431. Availability of Government
Subsidies. It is the intent of this program that
the requirements for inclusionary units shall not be
determined by the availability of federal or state
housing subsidies. This does not, however preclude
the use of such programs or subsidies.
SECTION 9432. Enforcement. No building
permit or occupancy permit shall be issued, nor any
development approval granted, which does not meet
the requirements of this Chapter. No unit subject
to the inclusionary requirements of this Chapter
shall be rented except in accordance with this
Chapter.
SECTION 2. 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, is hereby repealed or modified to that extent necessary
to affect the provisions of this ordinance.
SECTION 3. 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 the 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
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--
two maj or income categories are: "middle income"
(81% to lOOt of the area median) and "low income"
(80% or less of the area median). state law also
defines "moderate" income as between 81% and 120% of
the area median. Further adjustment shall be made
by household size as established by the city. The
Planning Department shall make available a list of
middle and low income levels as adjusted, which list
shall be updated periodically by the city and filed
with the City Clerk.
Off-Site Construction. Erection of low or
middle income housing units on land other than that
on which the developer intends to place a proj ect
within the city of Santa Monica.
proj ect. A residential development or
subdivision proposal for which City permits
approvals are sought.
land
and
SECTION 9422. Applicability.
(a) An inclusionary requirement shall apply
to all mUlti-family residential market rate dwelling
units resulting from new construction or condominium
or cooperative conversion of projects of five units
or more.
(b) The construction of any multiple rental
or limited equity cooperative housing which has a
recorded deed restriction requiring occupancy of all
units in the project by and rent levels of all units
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affordable to low and moderate income persons or
households for a period of not less than 15 years,
and which is either financed by federal, state, or
local housing assistance, or owned by religious or
other non-profit organization shall be exempt from
the requirements of this Chapter.
(c) (1) This Chapter shall apply to any
project for which an application was approved after
March 10, 1987, except to the extent that the
provisions of this Chapter conflict with the
conditions of approval of any such map.
(2) A proj ect approved prior to March
10, 1987, shall be subject to the provisions of
Program 12 as they existed on the date of approval
of the application for the project, unless the
applicant voluntarily requests that the provisions
of this Chapter apply to the project. In the event
of such a request, the provisions of this Chapter
shall apply to such project unless the request is
barred by the provisions of Section 9424(h) of this
Chapter.
(3) Whenever any person requests that
in order to satisfy the requirements of Program 12
of the Housing Element that an in-lieu fee be paid
pursuant to the provisions of this Chapter or any
other law, the amount of the in-lieu fee shall be
the amount then in effect at the time of payment,
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regardless of the date of approval of the
application for the project.
SECTION
9423.
project
Development
Requirements.
(a) This Chapter requires that fifteen
percent (15%) of the total nnmber of units to be
constructed in any project developed by an applicant
at one location, designed for permanent occupancy
and containing five (5) or more units, shall be
affordable by households of low- or middle-income.
The requirements of this Section may alternatively
be satisfied at the developer's discretion by
off-site development of required units as described
in Section 9423(g), or an in-lieu fee payment
pursuant to the provisions of Section 9424.
(b) In determining the number of inclusionary
units required, any decimal fraction less than 0.5
shall be rounded down to the nearest whole number,
and any decimal fraction of 0.5 or more shall be
rounded up to the nearest whole number.
(c) At the time of filing an application with
the City's Planning Department for permission to
develop mUlti-family market rate dwelling units, the
developer shall specify the number, type, location,
size, and construction schedule of all dwelling
units proposed to be developed and shall indicate
which of the dwelling units, if any, are intended to
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satisfy the inclusionary housing requirements of
this Chapter.
(d) If located on the project site,
inclusionary units shall, whenever reasonably
possible, be evenly distributed throughout the
project. The applicant may reduce either the size
or interior amenities of the inclusionary units as
long as there are not significant identifiable
differences between inclusionary and market rate
units visible from the exterior of the units and the
size and design of the units are reasonably
consistent with the market rate units in the
project, provided that all units conform to the
requirements of the applicable Building and Housing
Codes. Inclusionary units provided shall have at
least the same number of bedrooms as the average
uni t in the proj ect and if the floor area of the
inclusionary units is not the same as the floor area
of the market rate units at the project, each of the
inclusionary units shall satisfy the following
minimum total floor area, depending upon the number
of bedrooms provided:
o Bedroom
1 Bedroom
2 Bedrooms
3 Bedrooms
4 Bedrooms
500 Square Feet
600 Square Feet
850 Square Feet
1080 Square Feet
1200 Square Feet
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(e) All inclusionary units in a project or a
phase of a project shall be constructed concurrently
wi th the construction of market rate units in the
project or phase of that project.
(f) Inclusionary units developed on the
project site must be rental units in rental or
ownership projects.
(9) Inclusionary units required pursuant to
this Chapter may be provided at a location within
the City other than the project site at the
developer's discretion. Any such off-site
inclusionary units shall be completed by the
developer of the market rate housing project prior
to the issuance of a certificate of Occupancy for
the market rate housing unit project and shall
conform to the requirements of the applicable
Building and Housing Codes and the minimum size
provisions cited in Section 9423(d). The occupancy
and rents of any such off-site units shall be
governed by the terms of a deed restriction similar
to that used for on-site inclusionary units which
shall take precedence over all other covenants,
liens, and encumbrances of the property on Which the
off-site construction is performed.
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SECTION 9424. In-Lieu Fees for Inclusionary
Housing.
(a) Whenever the City requires as a condition
of approval of a market-rate housing development
that the development include inclusionary housing
units pursuant to this Chapter, the developer may
elect to pay a fee to the city in lieu of providing
such on-site or off-site inclusionary units in
accordance with the provisions of this section.
(b) The amount of the fee pursuant to this
Section shall be determined as follows: $5.73 per
gross square foot of floor area of the project for
the first 10,000 square feet of development and
$6.77 for each gross square foot of floor area in
excess of 10,000 square feet.
(c) The amount of the fee set forth in
subsection (b) above shall be reduced by the amount
of the fee imposed on residential development by the
Santa Monica-Malibu Unified School District as
permitted by California Government Code Section
65995.
(d) Any fee required pursuant to this section
shall be adj usted for inflation by the percentage
change in the Consumer Price Index ("CPIIt) between
the date of adoption of this Chapter through the
month in which payment is made. For purposes of
this Section, CPI shall mean the index for Urban
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Wage Earners and Clerical Workers for All Items for
the Los Angeles/Long Beach/Anaheim statistical area,
as published by the united states Department of
Labor, Bureau of Labor statistics.
(e) Any fee required pursuant to this section
shall be paid in full before a certificate of
Occupancy is issued for any uni t in the housing
project.
(f) Any fee required by this section shall be
secured by execution of an irrevocable letter of
credit in favor of the city or other security
acceptable to the City for the total amount of the
obligation. The letter of credit or other
acceptable security shall be delivered to the City
prior to the issuance of a building permit for the
housing development. The letter of credit or other
security shall be released and returned to the
developer immediately upon payment of the in-lieu
fee.
(g) Any payment made pursuant to this Section
shall be deposited in a Reserve Account separate
from the General Fund to be used only for
development of low and moderate income housing. Up
to twenty-five percent (25%:) of in-lieu fee funds
may be used to develop affordable housing for
moderate-income households, and up to fifteen
percent (15%) of in-lieu fee funds may be used for
program administration costs.
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(h) This section shall not apply to any
housing development for which an agreement has been
executed between the City and developer to provide
for an on-site inclusionary unit and the
inclusionary unit has been occupied.
(i) This Section shall not apply to any
housing development in which a density bonus has
been given pursuant to Government Code section
65915.
SECTION 9425. Fee Waivers. The Condominium
and cooperative Tax descriped in section 6651 of the
Santa Monica Municipal Code and the Park and
Recreation Facilities Tax established in Chapter 6C
of Article VI of the Santa Monica Municipal Code
shall be waived for required inclusionary and for
low and moderate income units developed by the city
or its designee using in-lieu fee funds. However,
any developer who elects to pay an in-lieu fee shall
not be eligible for any fee waiver under this
Section.
SECTION 9426. Density Bonus and Other
Incentives. Projects which meet applicable
requirements of state law as a result of
inclusionary units are entitled to density bonuses
or other incentives in accordance with the
provisions of such law.
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SECTION 9427. pricing Requirements for
Inc1usionary units. The City shall, on an annual
basis, set maximum allowable rents for inclusionary
units, adj usted by the number of bedrooms. Such
maximum allowable rents shall be set at rates such
that qualified occupants pay no more than thirty
percent (30%) of the maximum gross monthly household
income eligible for such a unit. The owner of each
inclusionary unit shall retain discretion in the
selection of eligible renters for that unit,
provided that such renters meet the requirements of
section 9428.
SECTION 9428. Eligibility Requirements.
(a) Only low- and middle-income households
shall be eligible to occupy inclusionary units. The
city may establish administrative guidelines for
determining household income, minimum and maximum
occupancy standards and other compatible eligibility
criteria.
(b) The following individuals, by virtue of
their position or relationship, are ineligible to
occupy an affordable unit:
(1) All employees and officials of the
City of santa Monica or its agencies, authorities,
or commissions who have, by the authority of their
position, policy-making authority or influence
affecting City housing programs.
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(2) The immediate relatives, employees,
or other persons gaining significant economic
benefit from a direct business association with
public employees or officials.
(3) The immediate relatives
applicant or owner, including spouse,
parents, grandparents, brother,
father-in-law, mother-in-law,
daughter-in-law, aunt, uncle,
sister-in-law, and brother-in-law.
(c) In setting priorities among eligible
households, first priority shall be given to Santa
Monica residents, second priority to persons
employed in Santa Monica, and third priority to
other persons.
of the
children,
sister,
son-in-law,
niece, nephew,
SECTION 9429. Relation 'to units Required by
Rent Control Board. Low- and middle-income units
developed as part of a market rate project, pursuant
to replacement requirements of the Santa Monica Rent
Control Board, shall count towards the satisfaction
of this Chapter if they otherwise meet applicable
requirements for this Chapter including, but not
limited to, the income eligibility requirements of
the Chapter, deed restriction requirements, and
pricing requirements. New inclusionary units
required by the Rent Control Board which meet the
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standards of this Chapter shall count towards the
satisfaction of this Chapter.
SECTION 9430. Deed Restrictions. Prior to
issuance of a building permit for a project subject
to the requirements set forth in this Chapter, the
applicant shall submit deed restrictions or other
legal instruments setting forth the obligations of
the applicant under this Chapter for city review and
approval. Such restrictions shall be effective for
the lifetime of the project.
SECTION 9431. Availability of Government
Subsidies. It is the intent of this Chapter that
the requirements for inclusionary units shall not
depend upon the availabili ty of federal or state
housing subsidies. This Section does not, however
preclude the use of such programs or subsidies.
SECTION 9432. Enforcement. No building
permit or occupancy permit shall be issued, nor any
development approval granted, for a project which is
not exempt and does not meet the requirements of
this Chapter. All inclusionary units shall be
rented in accordance with this Chapter.
SECTION 2. 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
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further, is hereby repealed or modified to that extent necessary
to affect the provisions of this ordinance.
SECTION 3.
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 the 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 4. 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.
effective 30 days from its adoption.
The ordinance shall be
APPROVED AS TO FORM:
(trV~~.~
ROBERT M. MYERS U
City Attorney
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