SR-400-001-03 (6)
CA:RMM:rmd893bjhpca
City Council Meeting 6-27-89
fbo--t/O/ "-03
Santa Monica, California
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JUN 2 7 1~89
STAFF REPORT
TO:
Mayor and city Council
FROM:
City Attorney
SUBJECT:
Ordinance Establishing Program 10 Conditions
At its meeting on June 13, 1989, the City Council
reintroduced for first reading an ordinance imposing a condition
on development projects pending adoption of the Program 10
implementing ordinance.
The ordinance is now presented to the
City Council for adoption.
RECOMMENDATION
It is respectfully recommended that the accompanYlng
ordinance be adopted.
PREPARED BY: Robert M. Myers, city Attorney
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jUN 2 7 1989
)
CA:RMM:rmd892x/hpca
city Council Meeting 6-27-89
Santa Monica, California
ORDINANCE NUMBER 1486{CCS)
(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,
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 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 following condition shall be imposed i
connection with the approval of any development proj ect whe r
removal of multi-family dwelling units occurs:
Prior
issuance
of
to
the
a
certificate 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 not been adopted prior to
the issuance of a certificate of occupancy
for this development project, this
condition shall be of no further force and
effect. Failure to adopt an implementing
ordinance shall not excuse a developer
from the obligation to comply with any
other condition imposed in connection with
Program 10 of the Housing Element.
SECTION 2. Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions of
this Ordinance I 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 I sentence I Clause I
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 ~t would have passed this Ordinance I and each and
every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether
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1
any portion of the Ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 4. The Mayor shall s1gn and the City Clerk shall
attest to the passage of this ordinance. The City Clerk shall
cause the same to be publ ished 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:
~ ~ \rcr-
RO BERT M. MYE~S - -
City Attorney
~
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Adopted and approved this 27th day of June, 1989.
~~]F
I hereby certify that the foregoing Ordinance No. 1486(CCS}
was duly and regularly introduced at a meeting of the city
Council on the 13th day of June 1989; that the said Ordinance was
thereafter duly adopted at a meeting of the City council on the
27th day of June 1989 by the following Council vote:
Ayes: Councilmembers:
Abdo, Finkel, Genser, Mayor Zane
Noes: Councilmembers:
Jennings, Katz, Reed
Abstain: Council1l'lembers:
None
Absent: Ccuncilmembers:
None
ATTEST:
L~
------ - City Clerk r7