ITEM 8-B
City Council Meeting 12-15-92 Santa Monica, California
STAFF REPORT
TO: Mayor and City Council
FROM: City Attorney
SUBJECT: Ordinance Amending Santa Monica Municipal
Code Section 9.28.030 Regarding
Inclusionary Housing
At its meeting on November 10, 1992, the City Council
directed the City Attorney to prepare an ordinance amending the
Inclusionary Housing Ordinance of the City to provide that an
inclusionary housing obligation will not be required for projects
involving new construction of a single dwelling unit when it is
replacing more than one unit in a multifamily district, where
existing zoning would allow only the development of one unit on
that lot. In response to this direction, the accompanying
ordinance has been prepared and is presented to the City Council
for its consideration.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be introduced for first reading.
PREPARED BY: Joseph Lawrence, Acting City Attorney
Mary H. Strobel, Deputy City Attorney
ORDINANCE NUMBER ____
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING
SANTA MONICA MUNICIPAL CODE SECTION 9.28.030
REGARDING INCLUSIONARY HOUSING
WHEREAS, the requirements of the inclusionary housing
ordinance of the City of Santa Monica presently apply when a
project involves new construction of a single family home when it
is replacing more than one dwelling unit in a multi-family
district; and
WHEREAS, property development standards of the Zoning
Ordinance preclude the construction of more than one dwelling
unit on certain parcels in multi-family districts which currently
have more than one dwelling unit; and
WHEREAS, it is necessary to amend the Municipal Code to
exempt from the requirements of the inclusionary housing
ordinance those projects which involve new construction of a
single family home when it is replacing more than one dwelling
unit in a multi-family district, where development of more than
one dwelling unit would be prohibited under the Zoning Ordinance,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 9.28.030 is
amended to read as follows:
SECTION 9.28.030. Applicability.
(a) An inclusionary requirement
shall apply to all projects for which a
development application was deemed
complete after February 11, 1992,
involving new construction of two or more
residential market rate dwelling units or
condominium or cooperative conversion of
two or more dwelling units; or involving
new construction of a single family home
when it is replacing more than one
dwelling unit in a multi-family district,
and more than one dwelling unit would be
allowed on the property under the
requirements of the Zoning Ordinance. An
inclusionary unit requirement shall not,
however, apply to tenant participating
conversions governed by the provisions of
the Tenant Ownership Rights Charter
Amendment, Article XX of the Santa Monica
City Charter.
(b) A project not subject to this
Chapter pursuant to subdivision (a) of
this Section shall be subject to the
provisions of this Chapter as they
existed on the date the application for
the project was deemed complete, except
that with respect to any project for
which an application has been filed but
not approved at the time this Chapter
becomes effective, the applicant can
elect to have the provisions of this
Chapter apply to the project.
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 effect 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
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 after 30 days from its adoption.
APPROVED AS TO FORM:
__________________________________
JOSEPH LAWRENCE
Acting City Attorney