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SR-400-001-03 (4) k/tJ()..-- 00/-t?.3 L166 6-B 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.) - 1 - ~z7~ RECOMMENDATION It is respectfully recommended that the accompanying ordInance be introduced for first reading. PREPARED BY: Robert M. Myers, city Attorney - 2 - ".. '" ,/ 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, - 1 - / /'" --1"',. " f ~ ...;:}/( ~/ /" . . ---' - 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 - 2 - ./ ,- <-" ./ -/...~ ~ .f 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: ~~. ROBERT M. MYERS Clty Attorney ~ - - 3 -