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SR-407-000-05 (3) It 'IO'? -l?tOO-{)~- e l-~ .': !98t CA:RMM:rmd308/hpca ~:City Council Meeting 9-9-86 Santa Monica, California . STAFF REPORT FROM: Mayor and City Council City Attorney TO: SUBJECT: Ordinance Establishing In-Lieu Fee Option For Program 12 of the Housing Element At its meeting on August 26, 1986, the City council directed the City Attorney to prepare an ordinance providing for fees in lieu of on-site inclusionary housing units required by Program 12 of the Housing Element. In response to this direction, the accompanying ordinance has been prepared and is presented for City Council consideration. At the present time, the city has been enforcing Program 12 of the Housing Element by requiring on-site inclusionary units. No mechanism currently exists for satisfying these requirements by payment of fees to the city. The following is a section by section analysis of the proposed ordinance: section 1. This section provides that Program 12 of the Housing Element may be satisfied by paying a specific in-lieu fee. The amount of the fee is $3.00 per gross square foot for the first 10,000 square feet of development and $4.00 for each gross square foot in excess of 10,000 square feet. The payment is due in full prior to the issuance of a certificate of Occupancy for the project. Payment must be secured by delivering - 1 - }- ~~ ~ SF 1I. '9~J' e e . an irrevocable letter of credit to the Ci ty before a building permit is issued. . Sections 3, 4, and 5. These sections are standard provisions in all ordinances adopted by the city. RECOMMENDATION It is respectfully recommended that the accompanying ordinance be introduced for first reading. PREPARED BY: Robert M. Myers, city Attorney - 2 - e e CA:RMM:rmd309/hpca city council Meeting 9-9-86 Santa Monica, California ORDINANCE NUMBER (City council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING IN-LIEU FEES FOR COMPLIANCE WITH PROGRAM 12 OF THE HOUSING ELEMENT THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. In-Lieu Fees for Inclusionary Housinq. (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 Program 12 of the Housing Element of the General Plan, the developer may in lieu of providing such on-site inclusionary housing pay a fee to the City in accordance with the provisions of this Section. (b) The amount of the fee pursuant to this Section shall be determined as follows: $3.00 per gross square foot for the first 10,000 square feet of development and $4.00 for each gross square foot in excess of 10,000 square feet. (c) Any fee pursuant to this Section shall be paid in full before a Certificate of Occupancy is issued for the housing development. (d) 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 - 1 - e e 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. (e) Any payment made pursuant to this section shall be depos i ted in a Reserve Account in the General Fund to be used only for development of low and moderate income housing. (f) This Section shall not apply to any housing development for which an agreement has been executed between the city and developer to provide for the on-site inclusionary unit and the inclusionary unit has been occupied. (g) This Section shall not apply to any housing development in which a density bonus has been given pursuant to Government Code Section 65915. 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 - 2 - e e ,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: ~~~ ROBERT M. MYERS City Attorney - 3 -