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City Council Meeting 5-22-90
MAY 2 2 1990
Santa Monica, California
STAFF REPORT
TO:
Mayor and City Council
FROM:
city Attorney
SUBJECT:
Ordinance Establishing A Hardship Procedure for
Reducing Mitigation Fees for Removal of Low
Cost Lodging Accommodations Established by
Ordinance Number l516 (CCS)
At its meeting on May 8, 1990, the city Council introduced
for first reading an ordinance amending Ordinance Number 1516
(CCS) to provide a hardship claim procedure. The ordinance is
now presented to the City Council for adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be adopted.
PREPARED BY: Robert M. Myers, city Attorney
Laurie Lieberman, Deputy City Attorney
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MAY 2 i. 1990
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CA:RMM:lld614b/hpc
city council Meeting 5-22-90
Santa Monica, california
ORDINANCE NUMBER l526(CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ESTABLISHING A HARDSHIP
PROCEDURE FOR REDUCING MITIGATION FEES FOR REMOVAL
OF LOW COST LODGING ACCOMMODATIONS ESTABLISHED BY
ORDINANCE NUMBER 1516 (CCS)
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Any person required to pay a mitigation fee
pursuant to Ordinance Number 1516 (CCS) may file a hardship claim
in accordance with the following procedure:
(a) Any person claiming a hardship
from Ordinance Number 1516 (CCS) must
substantiate the claim in a proceeding
under
this
section.
In
such
a
proceeding,
the person claiming the
hardship shall have the burden of proof.
(b) Claims of hardship shall be
determined by the City Council.
Claims
shall be riled on a form approved by the
ci ty Attorney.
The City Council shall,
within 120 days of the date of filing of
a claim, hear and determine whether to
grant or deny the claim.
Decisions of
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the City council shall be reviewable by
wri t of mandate, subj ect to the ninety
(90) day time limitation set forth in
Santa Monica Municipal Code section 1400.
(c) In order to obtain a hardship
exception, the claimant must show each of
the following:
(l)
That
will be
a reasonable
denied unless
economic
return
removal of the
accomplished.
(2) That the proposed
replacement project will not generate a
reasonable economic return upon
appl ication of this Ordinance where such
project would otherwise generate such a
return.
existing
units
is
(3) That the applicant
acquired the property prior to February
27, 1990.
(d) The city shall retain the
services of a professional appraiser and
cost analyst in order to evaluate an
applicant's claim of hardship. The
reasonable cost of such services shall be
paid by the applicant. Upon the filing
of a hardship application, the applicant
shall deposit with the City the amount of
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Five Thousand Dollars ($5,000.00), which
shall be credited toward such costs. If
additional sums are necessary to pay such
costs, the applicant shall pay such
additional amounts within ten (10) days
of request by the city. If the costs are
less than Five Thousand Dollars
($5,000.00), the remaining balance of the
applicant's deposit shall be refunded.
(e) If, based upon evidence
presented, the city Council determines
that a hardship claim should be granted,
the fee required by this Ordinance may be
reduced in an amount deemed appropriate
by the city Council, but in no event
shall the fee be reduced to lower than
Five Thousand Five Hundred Dollars
($5,500.00) per low cost lodging unit
removed.
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, 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
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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 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. This Ordinance shall become
effective 30 days from the date of its adoption.
APPROVED AS TO FORM;
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ROBERT M. MYERS
City Attorney
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Adopted and approved this 22nd day of May, 1990.
per 1r
I hereby certify that the foregoing Ordinance No. 1526(CCS)
was duly and regularly introduced at a meeting of the City
council on the 8th day of May 1990; that the said Ordinance was
thereafter duly adopted at a meeting of the City Council on the
22nd day of May 1990 by the following Council vote:
Ayes: councilmembers: Abdo, Finkel, Jennings, Katz,
Reed, Mayor Zane
Noes: Councilmembers: None
Abstain: Councilmembers: None
Absent: Councilmembers: Genser
ATTEST:
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