SR-400-008-01 (10)
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MAR 2 6 1991
I/tJO-19//$-OI
CA:RMM:11566sr/hpc/pc
City Council Meeting 3-26-91
Santa Monica, California
STAFF REPORT
TO:
Mayor and city council
FROM:
City Attorney
SUBJECT:
Ordinance Establishing a six Month Moratorium
on Multifamily Residential Development with
certain Exemptions in Order to Comply
with Proposition R and Declaring the Presence
of an Emergency
At its meeting on March 5, 1991, the City council directed
the city Attorney to prepare an ordinance imposing a moratorium
on the acceptance of applications on new multifamily housing
unless the project provides 30% affordable housing on site. In
response to this direction, the accompanying ordinance has been
prepared and is presented to the city Council for its
consideration.
The principal features of the ordinance are as follows:
1.
Applicability Date.
The ordinance will apply to any
project for which an application was filed after March 5, 1991.
This date was selected because it is the date the city Council
directed the preparation of this ordinance.
2. Moratorium. No multifamily residential project may be
filed or approved unless it meets the exemption criteria set
forth in this ordinance.
3.
Exemption.
The principal exemption set forth in the
ordinance concerns any project which provides 30% affordable
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MAR 2"6 1991
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housing consistent with Proposition R. To be exempt, the
application must show the following:
(1) The applicant proposes that thirty percent (30%)
of the total number units to be constructed on site by the
applicant, excluding any density bonus units the applicant is
entitled to under Government Code Section 65915, shall be
permanently affordable to and occupied by low and moderate income
households as provided for in this subsection.
(2) For purposes of this subsection, lIlow income
household" means a household with an income not exceeding sixty
percent (60%) of the Los Angeles County median income, adjusted
by family size, as published from time to time by the United
States Department of Housing and Urban Development, and "moderate
income householdlt means a household with an income not exceeding
one hundred percent (100%) of the Los Angeles County median
income, adjusted by family size, as published from time to time
by the United states Department of Housing and Urban Development.
(3) At least fifty percent (50%) of the newly
constructed units required to be permanently affordable by this
subsection shall be affordable to and occupied by low income
households.
(4) The provisions of Municipal Code Section
9423(b), (c), (d), (e), and (f), Municipal Code Section 9427, and
Municipal Code Section 9428 shall be complied with as to such
inclusionary units. These provisions currently govern on-site
inclusionary units under the city's inclusionary housing
ordinance and contain requirements relating to such issues as
bedroom size of inclusionary units.
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(5) Prior to the issuance of a building permit for a
project exempt under this subsection, the applicant shall submit
deed restrictions or other legal instruments setting forth the
obligations of the applicant under this subsection for city
review and approvaL Such restrictions shall be effective for
the lifetime of the project.
(6) The requirements of this subsection shall be
made conditions to the approval of any application filed pursuant
to this subsection.
4. Expiration Date. The ordinance will expire in six
months.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be introduced and adopted.
PREPARED BY: Robert M. Myers, City Attorney
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([ ) JI/ /<-4~{
Santa Monica, California
CA:RMM:11566a/hpc/pc
City Council Meeting 3-26-91
ORDINANCE NUMBER
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ESTABLISHING A SIX-MONTH
MORATORIUM ON MULTIFAMILY RESIDENTIAL DEVELOPMENT
WITH CERTAIN EXEMPTIONS IN ORDER TO
COMPLY WITH PROPOSITION R AND DECLARING THE PRESENCE
OF AN EMERGENCY
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1.
Findings and Purpose. The City Council finds
and declares:
(a) On November 6, 1990, the voters of the City of Santa
Monica approved Proposition R, adding Section 630 to the city
Charter to read as follows:
The city Council by Ordinance shall at all
times require that not less than thirty
percent (30%) of all mUltifamily-residential
housing newly constructed in the city on an
annual basis is permanently affordable to and
occupied
by
low
and
moderate
income
households.
For purposes of this section,
I1low income householdl1 means a household with
an income not exceeding sixty percent (60%)
of the Los Angeles County median income,
adjusted by family size, as published from
time to time by the united States Department
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.
of Housing and Urban Development, and
"moderate income household" means a household
with an income not exceeding one hundred
percent (100%) of the Los Angeles County
median income, adjusted by family size, as
published from time to time by the United
states Department of Housing and Urban
Development. At least fifty percent (50%) of
the newly constructed units required to be
permanently affordable by this section shall
be affordable to and occupied by low income
households.
(b) On December 29, 1990, the City published notice that on
January 8, 1991, the city council would consider issues relating
to the implementation of proposition R including whether the
thirty percent {30%} requirement of Proposition R could be met on
site or off site, whether an in-lieu fee would be permitted, and
whether the thirty percent (30%) requirement had to be met on a
project by project basis. This notice also provided that at the
January 8, 1991 meeting, the city council would consider
directing staff to prepare an ordinance to implement Proposition
R.
(c) City staff prepared a staff report for the January 8,
1991 city Council meeting identifying the issues that had to be
addressed as part of the implementation of Proposition R,
suggesting a process for obtaining public input, presenting city
staff's resolution of issues raised by Proposition R's
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implementation, and recommending that staff be directed to
prepare an ordinance implementing Proposition R.
(d) At its January 8, 1991 meeting, the City Council
directed staff to prepare an ordinance implementing Proposition R
and to return the ordinance to the city council on February 26,
1991.
(e) The Santa Monica Planning commission, as well as other
groups in the community, believed the schedule for the return of
the ordinance did not provide opportunities for adequate review
of various alternative strategies for implementing Proposition R.
(f) At its meeting on February 19, 1991, the City Council
decided to reconsider whether an ordinance should be prepared and
scheduled for its next regular meeting a general discussion of
implementing strategies.
(g) On March 5, 1991, the City council directed the City
Attorney to prepare an ordinance prohibiting the filing of
applications for market-rate residential housing until such time
as the council adopts an ordinance implementing Proposition R
excepting from the prohibition any project in which thirty
percent (30%) of the units constructed on site are available to
low and moderate income persons as provided for in Proposition R.
(h) The following ordinance is necessary to enable the City
to meet the requirements of proposition R. Proposition R
mandates that on an annual basis not less than 30% of all
multifamily residential housing newly constructed in the city be
permanently affordable to low and moderate income households.
Historically, multifamily residential housing developed in the
City has fallen far short of this 30% requirement. This trend
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.
continues to date. Thus, unless this emergency moratorium is
enacted, and only projects providing 30% affordable housing
consistent with Proposition R are exempted, the City will not be
able to meet the mandate of Proposition R. This ordinance
ensures that the city will comply with proposition R while
studying approaches for long-term implementation of the measure.
SECTION 2. Moratorium.
(a) Subject to the exemptions set forth in section 3 of
this Ordinance, a moratorium is hereby placed on the acceptance
for processing of any applications for approval of tentative
tract maps, tentative parcel maps, administrative approvals,
development review permits, conditional use permits, or any other
City permits for the erection, construction, moving, and
excavation and grading for, any mUlti-family residential
building or structure.
(b) Subject to the exemptions set forth in section 3 of
this Ordinance, the Planning commission and city staff are hereby
directed to disapprove all applications filed after March 5,
1991, for approval of tentative tract maps, tentative parcel
maps, administrative approvals, development review permits,
conditional use permits, or any other City permits for the
erection, construction, moving, and excavation and grading for,
any multi-family building or structure.
SECTION 3. Exemptions. The following applications are
exempt from the provisions of Section 2 of this Ordinance:
(a) Applications for approval of permits involving the
erection, construction, enlargement, demolition, or moving of,
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and excavation and grading for any multiple dwelling development
intended for rental housing for persons of low and moderate
income or for senior citizens, and which development is financed
by any federal, state or city housing assistance program or owned
by any non-profit organization, provided a deed restriction is
recorded restricting the development to such purpose.
(b) Applications for approval of permits involving the
rehabilitation or enlargement of existing dwelling
(c) Applications for projects filed prior to
(d) Applications for approval of permits
unitsoc:::>
Marc~1991.
involving the
construction and excavation and grading for, projects where the
following requirements are met:
(1) The applicant proposes that thirty percent (30%)
of the total number units to be constructed on site by the
applicant, excluding any density bonus units the applicant is
entitled to under Government Code section 65915, shall be
permanently affordable to and occupied by low and moderate income
households as provided for in this subsection.
(2) For purposes of this subsection, "low income
household" means a household with an income not exceeding sixty
percent (60%) of the Los Angeles County median income, adjusted
by family size, as published from time to time by the United
states Department of Housing and Urban Development, and "moderate
income household" means a household with an income not exceeding
one hundred percent (100%) of the Los Angeles County median
income, adjusted by family size, as published from time to time
by the united states Department of Housing and Urban Development.
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.
(3) At least fifty percent (50%) of the newly
constructed units required to be permanently affordable by this
subsection shall be affordable to and occupied by low income
households.
(4) The provisions of Municipal Code Section 9423(b),
(c) , (d) , (e), and (f), Municipal Code Section 9427, and
Municipal Code section 9428 shall be complied with as to such
inclusionary units.
(5) Prior to the issuance of a building permit for a
project exempt under this subsection, the applicant shall submit
deed restrictions or other legal instruments setting forth the
obligations of the applicant under this subsection for City
review and approval. Such restrictions shall be effective for
the lifetime of the project.
(6) The requirements of this subsection shall be made
conditions to the approval of any application filed pursuant to
this subsection.
SECTION 4. This Ordinance shall be of no further force and
effect six months from its adoption.
SECTION 5. This ordinance is declared to be an urgency
measure adopted pursuant to the provisions of Section 615 of the
Santa Monica City Charter. It is necessary for preserving the
public peace, health and safety, and the urgency for its adoption
is set forth in the findings above.
SECTION 6. Any provision of the Santa Monica Municipal Code
or appendices thereto inconsistent with the provisions of this
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.
.
Ordinance, to the extent of such inconsistencies and not
further, are hereby repealed or modified to that extent necessary
to affect the provisions of this Ordinance.
SECTION 7. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or
unconsti tutional 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 8. 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 off icial newspaper
within 15 days after its adoption. This Ordinance shall become
effective upon adoption.
APPROVED AS TO FORM:
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ROBERT M. MYERS
City Attorney
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OF ALL FOR CITY CLERK'S ACTION
ORDINANCE #: /:;: 7 .7
Introduced: %t,,/qj
Adopted: ~h {., /9 )
ALWAYS PUBLISH ADOPTED ORDINANCES
Cross out Attorney.s approval
BEFORE DISTRIBUTION CHECK CONTENT
DISTRIBUTION OF RESOLUTION t
Council Meeting Date ~6/7j
Agenda Item #: :? - A-
Was it amended? Y E .:;:
VOTE: Affirmative: 0c",- .H-=.- r6'?-?/:-v.:r.<.k' t:?-c.p' "/ I /(,"7~ , 4,,,,-- I uc:.,...t:d
/ t' . / f /' ...
Negative~ ~/?
Abstain: )
Absent:
PROOF VOTES WITH ANOTHER PERSON BEFORE ANYTHING
DISTRIBUTION: ORIGINAL to he s1gned, sealed and filed in Vault.
t'
NEWSPAPER PUBLICATION {Date: } I
Department originat1ng staff report( Laur1e L1eberman)
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Ord~nances only for Attorney ( Claud1a Thompson) 2
Management Services Lynne Barrette ORDINANCES ON~Y 1
Agency mentioned in document or staff report
(cert1f1ed? )
departments who need to
parJsing Auth.
Personpel
Planning
Police
Purchasing
Recr/Parks
Transportat1on
Treasurer
Subject f11e (agenda packet)
Counter file
Others: (Review for
Airport
Auditorium
Building Dept.
ClEO
Finance
General Servo
Library
Manager
Fire
1
1
~
know) .
I
SEND FOUR COPIES OF ALL ORDINANCES TO:
CODED SYSTEMS
120 Main Street
Avon, New Jersey 07717
SEND FOUR COPIES OF ALL ORDINANCES TO: 4
. Debra Myrick
Santa Monica Municipal Court
1725 Main Street, Room 118
Santa Monica, CA 90401 Total Copies
4
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CA:RMM:11566a/hpc/pc
city Council Meeting 3-26-91
Santa Monica, California
ORDINANCE NUMBER 1577 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ESTABLISHING A SIX-MONTH
MORATORIUM ON MULTIFAMILY RESIDENTIAL DEVELOPMENT
WITH CERTAIN EXEMPTIONS IN ORDER TO
COMPLY WITH PROPOSITION R AND DECLARING THE PRESENCE
OF AN EMERGENCY
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1.
Findings and Purpose. The city counci 1 finds
and declares:
(a) On November 6, 1990, the voters of the City of Santa
Monica approved Proposition R, adding Section 630 to the City
Charter to read as follows:
The city Council by Ordinance shall at all
times requ1re that not less than th1rty
percent (30%) of all mUltifamily-residential
housing newly constructed in the City on an
annual basis is permanently affordable to and
occupied
by
low
and
moderate
income
households.
For purposes of this Section,
"low income household" means a household with
an income not exceeding sixty percent (60%)
of the Los Angeles County median 1ncome,
adjusted by family size, as published from
t1me to time by the Un1ted States Department
- 1 -
.
.
~
of Housing and Urban Development, and
"moderate income household" means a household
with an income not exceeding one hundred
percent (lOOt) of the Los Angeles County
median income, adjusted by family sizet as
published from time to time by the united
states Department of Housing and Urban
Development. At least fifty percent (50%) of
the newly constructed uni ts required to be
permanently affordable by this section shall
be affordable to and occupied by low income
households.
(b) On December 29, 1990, the City published notice that on
January 8, 1991, the City Council would consider issues relating
to the implementation of Proposition R including whether the
thirty percent (30%) requirement of Proposition R could be met on
site or off site, whether an in-lieu fee would be permitted, and
whether the thirty percent (30%) requirement had to be met on a
project by project basis. This notice also provided that at the
January 8, 1991 meeting, the city council would consider
directing staff to prepare an ordinance to implement Proposition
R.
(c) city staff prepared a staff report for the January 8,
1991 City council meeting identifying the issues that had to be
addressed as part of the implementation of Proposit1on R,
suggesting a process for Obtaining public input, presenting city
staff's resolution of issues raised by Proposition R's
- 2 -
.
.
...
implementation, and recommending that staff be directed to
prepare an ordinance implementing Proposition R.
(d) At its January 8, 1991 meeting, the city council
directed staff to prepare an ordinance implementing Proposition R
and to return the ordinance to the City Council on February 26,
1991.
(e) The Santa Monica Planning Commission, as well as other
groups in the community, believed the schedule for the return of
the ordinance did not provide opportunities for adequate review
of various alternative strategies for implementing Proposition R.
(f) At its meeting on February 19, 1991, the city council
decided to reconsider whether an ordinance should be prepared and
scheduled for its next regular meeting a general discussion of
implementing strategies.
(g) On March 5, 1991, the City Council directed the city
Attorney to prepare an ordinance prohibiting the filing of
applications for market-rate residential housing until such time
as the Council adopts an ordinance implementing Proposition R
excepting from the prohibition any project in which thirty
percent (30%) of the units constructed on site are available to
low and moderate income persons as provided for in Proposition R.
(h) The following ordinance is necessary to enable the city
to meet the requirements of Proposition R. Proposition R
mandates that on an annual basis not less than 30% of all
multifamily residential housing newly constructed in the city be
permanently affordable to low and moderate income households.
Historically, multifamily residential housing developed in the
city has fallen far short of this 30% requirement. This trend
- 3 -
.
.
~
continues to date. Thus, unless this emergency moratorium is
enacted, and only projects providing 30% affordable housing
consistent with Proposition R are exempted, the city will not be
able to meet the mandate of Proposition R. This ordinance
ensures that the city will comply with proposition R while
studying approaches for long-term implementation of the measure.
SECTION 2. Moratorium.
(a) Subject to the exemptions set forth in section 3 of
this Ordinance, a moratorium is hereby placed on the acceptance
for processing of any applications for approval of tentative
tract maps, tentative parcel maps, administrative approvals,
development review permits, conditional use permits, or any other
City permits for the erection, construction, moving, and
excavation and grading for, any multi-family residential
building or structure.
(b) Subject to the exemptions set forth in section 3 of
th1s Ordinance, the Planning Commission and City staff are hereby
d~rected to disapprove all applications filed after March 5,
1991, for approval of tentative tract maps, tentative parcel
maps, administrative approvals, development review permits,
conditional use permits, or any other city permits for the
erection, construction, moving, and excavation and grading for,
any mUlti-family building or structure.
SECTION 3. Exemptions. The following applications are
exempt from the provisions of Section 2 of this Ordinance:
(a) Applications for approval of permits involving the
erection, construction, enlargement, demolition, or moving of,
- 4 -
.
.
,
and excavation and grading for any multiple dwelling development
intended for rental housing for persons of low and moderate
income or for sen10r citizens, and which development is financed
by any federal, state or city housing assistance program or owned
by any non-profit organization, provided a deed restriction is
recorded restricting the development to such purpose.
(b) Applications for approval of permits involving the
rehabilitation or enlargement of existing dwelling units.
(c) Applications for projects filed prior to March 6, 1991.
(d) Applications for approval of permits involving the
construction and excavation and grading for, projects where the
following requirements are met:
(1) The applicant proposes that thirty percent (30%)
of the total number units to be constructed on site by the
applicant, excluding any density bonus units the applicant is
entitled to under Government Code Section 65915, shall be
permanently affordable to and occupied by low and moderate income
households as provided for in this subsection.
(2) For purposes of this subsection, "low income
household" means a household with an income not exceeding sixty
percent (60%) of the Los Angeles County median income, adjusted
by family size, as published from time to time by the United
States Department of Housing and Urban Development, and "moderate
income household" means a household with an income not exceeding
one hundred percent ( 100%) of the Los Angeles County median
income, adjusted by family size, as published from time to time
by the united States Department of Housing and Urban Development.
- 5 -
.
.
(3) At least fifty percent (50%) of the newly
constructed units required to be permanently affordable by this
subsection shall be affordable to and occupied by low income
households.
(4) The provisions of Municipal Code Section 9423(b),
(c), (d), (e), and (f), Municipal Code section 9427, and
Municipal Code Section 9428 shall be complied with as to such
inclusionary units.
(5) Prior to the issuance of a building permit for a
project exempt under this subsection, the applicant shall submit
deed restrictions or other legal instruments setting forth the
obligations of the applicant under this subsection for city
review and approval. Such restrictions shall be effective for
the lifetime of the project.
(6) The requirements of this subsection shall be made
conditions to the approval of any application filed pursuant to
this subsection.
SECTION 4. This Ordinance shall be of no further force and
effect six months from its adoption.
SECTION 5. This ordinance is declared to be an urgency
measure adopted pursuant to the provisions of section 615 of the
Santa Monica City Charter. It is necessary for preserv1ng the
public peace, health and safety, and the urgency for its adoption
is set forth in the findings above.
SECTION 6. Any provision of the Santa Monica Municipal Code
or appendices thereto inconsistent with the provisions of this
- 6 -
.
.
,
Ordinance, to the extent of such inconsistencies and not further,
are hereby repealed or modified to that extent necessary to
affect the provisions of this Ordinance.
SECTION 7. 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 8.
The Mayor shall sign and the city Clerk shall
attest to the passage of th1s 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 upon adoption.
APPROVED AS TO FORM:
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~ --". "'""";'("<'- -
ROBERT M. MYERS
City Attorney
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II:
t
Adopted and approved this 26th day of March, 1991.
ii, ~/b
Ci?f Mayor
I hereby certify that the foregoing Ordinance No. 1577 (CCS)
was duly and regularly introduced at a meeting of the Ci ty
council on the 26th day of March 1991; 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, Olsen, Vazquez,
Zane, and Mayor Abdo
Noes: Councilmembers: None
Abstain: Councilmembers: None
Absent: Councilmembers: Katz
ATTEST:
~~b~' ~
........- C1 ty Clerkl