Community, Diversity, Sustainability and other Overused Words

Deceptive Advertising Won't Fool the People: Measure LV Will End Over-development, Traffic

Measure LV seeks to do one thing: give voters the final say in the approval of large development projects

Recently a pro-developer political action committee called HOME sent out a flyer to Santa Monica residents that was full of disinformation about ballot Measure LV, which seeks to do one thing: give voters the final say in the approval of large development projects. Here is a point by point response to HOME and its lies from those who advocate YES on Measure LV.

#1 "No on LV" Lie: Voter approval would be required to rebuild after an earthquake.

Truth: Santa Monica's existing Municipal Code includes a provision for the replacement of existing structures following a natural disaster in the following section:

9.27.040 Restoration of a Damaged Nonconforming Structure:

"An existing nonconforming structure that is damaged or destroyed by a non-voluntary fire or explosion, earthquake, or other natural disaster may be restored or replaced to its density (including square footage and number of rooms or dwelling units, as applicable), parking, building footprint and envelope, and height that existed prior to the destruction.."

State law also offers protections in California Government Code number 65852.25:

"(a) No local agency shall enact or enforce any ordinance, regulation, or resolution that would prohibit the reconstruction, restoration, or rebuilding of a multifamily dwelling that is involuntarily damaged or destroyed by fire or other catastrophic event..."

There are several existing State laws that offer protections for rebuilding after a natural disaster. (Public Resources Code 301610, Health and Safety Codes 3400 and 50660.5, etc.) Measure LV does not control or supersede these State Laws. If a building is destroyed in an earthquake it can be rebuilt without voter approval under Measure LV

#2 "No on LV" Lie: Measure LV will hurt affordable housing and renters in Santa Monica.

Truth: Measure LV will protect existing renters and the affordable housing market in Santa Monica. All truly affordable, moderate income and senior housing projects are exempt from LV. Period. There is no election required for approval of these projects.

There are exemptions in Measure LV for 100% Affordable Housing, 100% Moderate Income Housing, and 100% Senior Housing. This is why the vice chair and former chair of the Santa Monica Housing Commission states that Measure LV is better for affordability than current city policies.

More than 9,000 rent-controlled apartments have been lost since the Ellis Act passed. Developers are demolishing existing rent-controlled apartments and replacing them with units that are not rent-controlled.

#3 "No on LV" Lie: Money needed for new school facilities will be diverted to campaigns.

Truth: Construction of Santa Monica Public Schools falls under the jurisdiction of the Division of the State Architect. Measure LV does not and cannot change State Law.

#4 "No on LV' Lie: Measure LV does nothing to solve SM traffic problems.

Truth: Measure LV would prevents thousands and thousands of additional daily car trips that would result from putting a stop to the 40+ large development projects currently in the pipeline at Santa Monica City Hall waiting approval.

#5 "No on LV" Lie: Limits Upgrades/Remodel/Permits for personal homes.

Truth: Measure LV concerns itself with NEW development. Measure LV does not affect the building permit process for existing buildings. Under Measure LV you would not need voter approval to remodel your kitchen or add solar panels. Solar collectors are NOT counted in the height of a building if they are not over 5' high for photo voltaic panels and over 7' for Solar hot water heating panels (Zoning Code Section 9.21.150 B2). There are a number of these types of code approved height exceptions for rooftop elements that are not counted in the height of a building.

Tricia Crane

Co Author, Measure LV


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