SR-400-001-03 (4)
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MAY 2 3 198~
Santa Monica, California
CA:RMM:rmd893x/hpca
CIty Council MeetIng 5-23-89
STAFF REPORT
TO:
Mayor and City Council
FROM:
City Attorney
SUBJECT:
Ordinance Establishing Program 10 Conditions
At lts meeting on May 9, 1989, the city council directed
the city Attorney to prepare an ordinance imposing a condition on
development proj ects pending adoption of the Program 10
implementing ordInance.
In response to this direction, the
accompanying ordinance has been prepared and is presented to the
city Council for its consideration.
Currently, all proposed development projects which involve
removal of mUltifamily residential units are required to comply
with Program 10 of the Housing Element. This ordinance would not
change that practice.
The condition added as a result of
adoption of the proposed ordlnance would require that should the
City Council adopt an ordinance implementing Program 10 prior to
issuance of a certificate of occupancy on a proposed project, the
project would have to comply with such ordinance as well.
(Th is
condition would operate simIlarly to the condition currently
being imposed on development projects requiring compliance with
the Transportation Management Plan (IITMP") and TMP implementing
ordinance, which are expected to be adopted by the city council
within the next year.)
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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
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CA:RMM:rmd892x/hpca
CIty Council Meeting 5-23-89
Santa Monica, California
ORDINANCE NUMBER
(city Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ESTABLISHING
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,
provldes for a replacement hOUSIng program where removal of
existing multifamily residential rental dwelling units occurs in
order to preserve and maintaln the city's overall housing stock
and population density; and
WHEREAS, on April 25, 1989, the City council directed the
preparation of an initial study on a proposed ordinance
implementing Program 10; and
WHEREAS, the City Council desires to ensure that any
project demolishing multifamily dwelling units complies with the
Program 10 ordinance,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES ORDAIN AS FOLLOWS:
SECTION 1.
The follmling condition shall be imposed in
connection with the approval of any development proj ect where
removal of mUlti-family dwelling units occurs:
Prior
to
the
issuance
of
a
certiflcate of occupancy for this project,
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the
proJect
shall
comply
with
any
ordinance adopted by the City council to
implement Program 10 of the Housing
Element.
In the event that such an
ordinance has been adopted prior to the
issuance of a cert1f1cate of occupancy for
this development project, this condition
shall be of no further force and effect.
Failure to adopt an 1mplementing ordinance
shall not excuse a developer from the
obl1gation to comply w1th any other
condit10n
imposed
in connection W1 th
Program 10 of the Housing Element.
SECTION 2.
Any provislon 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, are 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 any competent
jurisdiction, such decision shall not affect the validity of the
remalning 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
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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 offlcial 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
Clty Attorney
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