sr-092992-8bCA:BAR:rordsr.emg/wpfiles/pc
City Council Meeting 9-29-92
STAFF REPORT
T0: Mayor and City Council
FROM: City Attorney
SUBJECT: Ordinance Establishing a Moratorium on Multifamily
Residential Development with Certain Exemptions in
Order to Comply with Proposition R and Declaring the
Presence of an Emergency
BACKGROUND
On November 6, 1990, the voters of the City of Santa Monica
approved Proposition R-which 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.
On March 3, 1992, the City Council adopted Ordinance Number
1615 (CCS) to meet the requirements of Proposition R.
On March 20, 1992, the Santa Monica Housing Council and Robert
J. Sullivan filed suit against the City, Santa Monica Housing
Council, et al. v. Citv of Santa Monica. Los Angeles Superior Court
Case Number SC 016169, contending, in part, that the City had to
amend Program 12 of its Housing Element before adopting Ordinance
1615 (CCS).
On August 28, 1992, the Court found that the City's adoption
of Ordinance No. 1615 (CCS) without first amending Program 12 of
the City's Housing Element violated state law.
On September 23, 1992, the Court entered judgment ordering the
City in relevant part to refrain from enforcement of ordinance 1615
(CCS) until .the City has amended its Housing Element; to amend its
Housing Element to reflect the adoption of Proposition R, and, if
desired, Ordinance 1615 (CCS); and pending the amending of the
Housing Element, to process projects under Program 12 or establish
a moratorium.
The City appealed the Court's September 23, 1992 judgment on
September 24, 1992. The appeal of the Court's judgment
automatically stays the judgment, preventing it from taking effect
pending the .resolution of the appeal. However, Santa Monica
Housing Council and Robert J. Sullivan may ask the Court to lift
the stay of this judgment, thereby necessitating the need for this
ordinance.
PROPOSED ORDINANCE
This ordinance would establish a moratorium on multifamily
residential development with certain limited exemptions. This
ordinance, in large measure, parallels the moratorium ordinances
adopted by the City Council prior to its adoption of Ordinance 1615
(CCS) and contains the principal exemptions set forth in those
ordinances. However, the moratorium and exemption provisions of
this ordinance would only become operative should the judgment in
Santa Monica Housing Council, et al. v. City of Santa Monica become
effective or the City otherwise be prohibited from enforcing the
provisions of Ordinance 1615 (CCS) pursuant to any court order.
Pursuant to the Court's judgment, until the City amends its
Housing Element,. the City is required to process projects under
Program 12 unless it establishes a moratorium. Simply processing
development projects pursuant to existing Program 12 provisions
would not enable the City to meet the requirements of Proposition
R. Thus, should the stay of the Court's judgment be lifted, this
emergency moratorium is necessary so that the City will be able to
meet the mandate of Proposition R.
This ordinance will expire in forty-five (45) days.
RECOMMENDATION
It is respectfully recommended that the accompanying ordinance
be introduced and adopted.
PREPARED BY: Joseph Lawrence, Acting City Attorney
Barry Rosenbaum, Deputy City Attorney