O1635
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CA:RMM:tp86jhpadv
city council Meeting 7-14-92
Santa Monica, California
ORDINANCE NUMBER 1635(CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA
MODIFYING ZONING AND DEVELOPMENT
STANDARDS TO FACILITATE
AFFORDABLE HOUSING
WHEREAS, the Santa Monica Task Force On Homelessness ("Task
Force") has recommended that the city council adopt measures to
promote the development of affordable housing in santa Monica;
and
WHEREAS, the Task Force has found that the city's planning
and zoning restrictions and implementation make it difficult to
develop affordable housing within the city limits, and has
recommended the modification or elimination of current zoning
regulations which slow down or prohibit the development of a
range of housing opportunities for the homeless and special needs
populations,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES ORDAIN AS FOLLOWS:
SECTION 1. Findings and Purpose. The City Council finds
and declares:
(a) There is a growing population of homeless and other
persons in the city in need of a range of housing opportunities
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including transitional housing, congregate housing, homeless
shelters, single room occupancy housing units and deed-restricted
or restricted by an agreement approved by the city affordable
housing.
(b) The lack of
particularly affordable
health and safety.
(c) There are several projects currently proposed or
contemplated which, if completed, would help meet the need for
affordable housing in the city. Present zoning restrictions
hinder the development of these projects.
(d) The Zoning Ordinance requires review and revision with
respect to eliminating barriers to the development of affordable
housing.
a range of housing
housing, threatens the
opportunities,
public peace,
(e) Pending such review and revision, and in order to
facilitate the processing and development of currently pending or
contemplated affordable housing projects, it is necessary to
modify on a temporary basis the zoning standards governing the
development of affordable housing.
(f) This Ordinance is adopted pursuant to Santa Monica
Municipal Code sections 9120.2 through 9120.4. A resolution of
intention was adopted by the Planning Commission on April 29,
1992. The Planning Commission held public hearings regarding the
recommended amendment on May 13, 1992, May 27, 1992, and June 3,
1992, made findings pursuant to 9120.3, and recommended the
amendment to the city council.
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SECTION 2. Definitions. The following words or phrases as
used in this Ordinance shall have the following meanings:
Affordable Housing project. Housing in which 100% of the
dwelling units are deed-restricted or restricted by an agreement
approved by the City for occupancy by low or moderate income
households. Such projects may also include non-residential uses,
as long as such uses do not exceed 33% of the floor area of the
total project.
Congregate Housing. A multi-family residential facility
with shared kitchen facilities, deed-restricted or restricted by
an agreement approved by the City for occupancy by low or
moderate income households, designed for occupancy for periods of
six months or longer, provid1ng services which may include meals,
housekeeping, and personal care assistance as well as common
areas for residents of the facility.
Domestic Violence Shelter. A residential facility which
provides temporary accomodations to persons and/or families who
have been the victims of domestic violence. Such a facility may
also provide meals, counseling, and other services, as well as
common areas for the residents of the facility.
Homeless Shelter. A residential facility operated by a
provider, other than a community care facility, which provides
temporary accommodations to persons and/or families with low
income. The term "temporary accommodations" means that a person
or family will be allowed to reside at the shelter for a time
period not to exceed six (6) months. For the purpose of this
definition, a "provideru shall mean a government agency or
private non-profit organization which provides, or contracts with
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recognized community organizations to provide, emergency or
temporary shelter, and which may also provide meals, counseling,
and other services, as well as common areas for residents of the
facility. Such a facility may have individual rooms, but is not
developed with individual dwelling units, with the exception of a
manager's unit.
"Modera te" and "Low" Income Levels. For purposes of this
Ordinance, determined periodically by the city based on the
United States Department of Housing and Urban Development (HUD)
estimate of median income in the Los Angeles-Long Beach Primary
Metropolitan statistical Area. The two major income categories
are: "moderate income" (61% to 100% of the area median) and "low
income" (60% or less of the area median). Further adjustment
shall be made by household size as established by the city. The
Housing Department shall make available a list of moderate and
low income levels as adjusted, which list shall be updated
periodically by the City and filed with the City Clerk.
Senior Housing. Multi-family residential housing developed
with individual dwelling units, in which each unit is restricted
for occupancy by at least one person in each household who is 60
years of age or older. Without restriction as to age of
occupant, units may also be occupied by management or maintenance
personnel who are required to live on the premises.
single Room Occupancy Housing. MUlti-family residential
buildings containing housing units with a minimum floor area of
150 square feet and a maximum floor area of 375 square feet which
may have kitchen and/or bathroom facilities. Said housing units
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are restricted to occupancy by no more than two persons and are
offered on a monthly rental basis or longer.
Transitional Housing. A multi-family residential facility
developed in an individual dwelling unit format that does not
restrict occupancy to six months or less and that provides
temporary accommodations to low and moderate-income persons and
families for periods of up to three years, and which also may
provide meals, counseling, and other services, as well as common
areas for residents of the facility.
SECTION 3. Zonin9 and Development Standards.
Notwithstanding any provisions of the Santa Monica Municipal Code
to the contrary, the following zoning and developments standards
shall apply to the following types of housing:
(a) Permitted Uses. In addition to the uses currently
permitted in the zone, the following use shall be a permitted use
in the Rl district: domestic violence shelters.
In addition to the uses currently permitted in the zone,
the following uses shall be permitted uses in the R2, R3, R4,
OP2, OP3, OP4, and RVC districts: senior housing, senior group
housing, transitional housing, single room occupancy housing,
congregate housing, and domestic violence shelters.
In addition to the uses currently permitted in the zone,
the following uses shall be permitted uses in the OP-l, OP Duplex
and R2R districts: domestic violence shelters.
In addition to the uses currently permitted in the Zone,
the following uses shall be permitted uses in the BCD, C2, C3,
C3C, C4, C6, CM, and CP districts: single family dwelling units,
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mUlti-family dwelling units, homeless shelters with less than 55
beds, congregate housing, transitional housing, single room
occupancy housing, senior housing, senior group housing, and
domestic violence shelters.
In addition to the uses currently permitted in the zone,
the following use shall be permitted in the CC district:
transitional housing.
In addition to the uses currently permitted in the zone,
the following used shall be permitted in the C5 and Ml districts:
homeless shelters with less than 55 beds, transitional housing,
single room occupancy housing, congregate housing, and domestic
violence shelters.
(b) Conditionally Permitted Uses. In addition to the uses
currently conditionally permitted in the zoning district, the
following uses shall be conditionally permitted uses in the R3,
R4, OP2, OP3, OP4, and RVC districts: homeless shelters.
In addition to the uses currently conditionally permitted
in the zoning district, the following uses shall be conditionally
permitted uses in the C5 and Ml districts: multi-family dwelling
units, senior housing, and senior group housing.
In addition to the uses currently conditionally permitted
in the zoning district, the following use shall be conditionally
permitted in the BCD, C2, C3, C3C, C4, C5, C6, CM, CP and Ml
districts: homeless shelters with 55 or more beds.
(c) Maximum Building Height. There shall be no limitation
on the number of floors of any Affordable Housing Project, as
long as the building height does not exceed the maximum number of
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feet allowed in the underlying zoning district, or as allowed in
section 3(d) of this Ordinance.
(d) Height Bonus In Non-Residential Districts. The
he1ght of an Affordable Housing Project located in a
non-residential district may exceed by 10 feet the maximum number
of feet allowed in the underlying zoning district. This
provision shall not be applicable to projects which have already
received a height bonus under an existing zoning Ordinance
provision.
(e) Maximum Unit Density. Affordable Housing projects
developed with individual dwelling units are entitled to a local
density bonus equivalent and in addition to the state density
bonus. This provision shall not be applicable to projects which
have already received an equivalent density bonus under existing
Zoning Ordinance provisions.
In mUlti-family districts, congregate housing, single room
occupancy housing, and homeless shelters, when not developed in
an individual dwelling unit format, and transitional housing
shall not be subject to the district's maximum unit density
standard, but the number of beds shall be limited to 3 times the
maximum number of dwelling units which would otherwise be
permitted.
(f) Setback Requirements. Affordable Housing Projects
located on a corner parcel, the street frontage dimension of
which requires that the property line adjacent to the alley be
deemed a side parcel line, may count one-half of the width of the
alley as a portion of the required side yard setback, as long as
a minimum setback of 4 feet from the property line is maintained.
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Affordable Housing Projects need only provide and maintain
the un excavated area required by section 9040.17 of the Santa
Monica Municipal Code on one side of the property.
SECTION 4. Development Standards Applicable to Homeless
Shelters. Notwithstanding any provisions of the santa Monica
Municipal Code to the contrary, homeless shelters shall not be
subject to the issuance of a performance standards permit in any
zoning district, but homeless shelters located in any district
shall comply with the following development standards:
(a) property Development Standards. Shelters shall conform
to all property development standards of the zoning district in
which it is located except as modified below.
(b) Lighting. Adequate external lighting shall be
provided for security purposes. The lighting shall be
stationary, directed away from adjacent properties and public
rights-of-way, and of an intensity compatible with the
neighborhood.
(c) Laundry Facilities.
laundry facilities or services
residents.
The development shall provide
adequate for the number of
(d) Common Facilities. The development may provide one or
more of the following specific common facilities for the
exclusive use of the residents and staff:
(1) Central cooking and dining room(s).
(2) Recreation room.
(3) Counseling center.
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(4) Child care facilities.
(5) Other support services.
(e) Security. Parking and outdoor facilities shall be
designed to provide security for residents, visitors, and
employees.
(f) Landscaping. On-site landscaping shall be installed
and maintained pursuant to the standards outlined in Subchapter
5B.
(g) Outdoor Activity. For the purposes of noise abatement
in residential districts, organized outdoor activities may only
be conducted between the hours of 8:00 A.M. to 10:00 P.M.
(h) Refuse. Homeless shelters shall provide a refuse
storage area that is completely enclosed with masonry walls not
less than five (5) feet high with a solid-gated opening and that
is large enough to accommodate a standard-sized trash bin
adequate for use on the parcel, or other enclosures as approved
by the Director of General Services and the Architectural Review
Board. The refuse enclosure shall be accessible to refuse
collection vehicles.
(i) Homeless Shelter Provider. The agency or organization
operating the shelter shall comply with the following
requirements:
(1) Temporary shelter shall be available to
residents for no more than 6 months.
(2) Staff and services shall be provided to assist
residents to obtain permanent shelter and income.
(3) The provider shall not unlawfully discriminate
in any services provided.
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(4) The provider shall not require participation by
residents in any religious or philosophical ritual, service,
meeting or rite as a condition of eligibility.
(5) The provider shall have a written management
plan including, as applicable, provisions for staff training,
neighborhood outreach, security, screening of residents to insure
compatibility with services provided at the facility, and for
training, counseling, and treatment programs for residents.
SECTION 5. Development Standards Applicable to Senior
Group Housing. Notwithstanding any provisions of the Santa
Monica Municipal Code to the contrary, senior group housing shall
not be subject to the issuance of a performance standards permit
ln any zoning district, but senior group housing located in any
district shall comply with the following development standards:
(a) property Development standards. The senior group
housing shall conform with all local, state, and federal
requirements for senior group housing. The senior group housing
facility shall conform to all property development standards of
the zoning district in which it is located, except as modified
below.
(b) Maximum Nllm~er of Dwelling units. The number of
dwelling units may exceed that which is permitted in the
underlying zoning district if the dwelling units consist of
individual rooms that contain full bathrooms and small,
efficiency kitchens located in a building that also contains a
common kitchen, dining and living space, adequate to serve all
residents.
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(c) Liqhting. Adequate external lighting shall be
provided for securi ty purposes. The lighting shall be
stationary, directed away from adjacent properties and public
rightS-Of-way, and of an intensity compatible with the
residential neighborhood.
(d) Laundry Facilities. The development shall provide
laundry facilities or services adequate for the residents.
(e) Common Facilities. The development may provide one or
more of the following specific common facilities for the
exclusive use of the senior citizen residents:
(1) Central cooking and dining room.
(2) Beauty salon and barber shop.
(3) Small pharmacy.
(4) Recreation room.
(5) Library.
security. Parking and outdoor facilities shall be
to provide security for residents, guests, and
(f)
designed
employees.
(g) Landscapinq. On-site landscaping shall be installed
and maintained pursuant to the standards outlined in subchapter
5B.
(h) Minimum Age. Residential occupancy shall be limited
to single persons 60 years of age or older, or to couples in
which one person is 60 years of age or older.
SECTION 6. Development Standards Applicable to
Transitional and Congregate Housing. Transitional and congregate
housing located in any district shall be subject to the following
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development standard. The provider shall have a written
management plan including, as applicable, provisions for staff
training, neighborhood outreach, security, screening of residents
to insure compatibilitly with services provided at the facility,
and for training, counseling, and treatement programs for
residents.
SECTION 7. Development Standards Applicable to Residential
Uses in Commercial Districts. Notwithstanding any provisions of
the Santa Monica Municipal Code to the contrary, residential uses
shall not be subject to the issuance of a performance standards
permit 1n any zoning district, but the following development
standards shall apply. Single family dwelling units,
multi-family dwelling units, congregate housing, transitional
housing, single room occupancy housing, and senior housing,
located in the BCD, RVC, C2, C3, C3C, C4, CS, C6, CM, CP, and H1
districts, and transitional housing located in the CC district,
shall comply with the following development standards:
(a) Location. The residential units shall not be located
on the ground floor street front except where specifically
permitted. Residential units may be located on the ground floor
provided they are at least 50 feet from the front property line.
This requirement may be altered through approval of a variance.
This requirement shall not apply to developments in the BCD, RVC,
CS, CP, or MI districts, or to Affordable Housing Projects.
(b) Access. For new construction projects, the
residential units shall have a separate and secured entrance and
exit that is directly accessible to the parking. Existing and
new construction projects shall have a secured parking entrance.
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(c) Parking. Residential use parking shall comply with
Subchapter 5E, except as modified by this Ordinance. Parking may
be shared when the commercial or manufacturing use generates a
parking demand primarily during the hours of 8:00 A.H. to 5:00
P.M., Monday through Friday.
(d) Noise. Residential units shall be constructed so that
interior noise levels do not exceed 55 decibels for more than 60
minutes in any 24 hour period and 45 decibels for more than 30
minutes between the hours of 11:00 P.M. and 7:00 A.M.
(e) Lighting. All lighting shall comply with section
9040.27.
(f) Design. For new construction, the floors devoted to
residential units shall provide an exterior appearance and
character which denotes it as housing and is visibly different
from the commercial or manufacturing floors through the use of
patios, changes in fenestration, and appropriate levels of
detail, while maintaining a cohesive quality.
(g) Landscaping. On-site landscaping shall be installed
and maintained to the standards outlined Subchapter 5B.
(h) Refuse storage and Location. The residential units
shall maintain a refuse storage container separate from that used
by the commercial or manufacturing business. It shall be clearly
marked for residential use only and use by commercial or
manufacturing businesses is prohibited.
SECTION 8. Parking Standards. Notwi thstanding any
provisions of the Santa Monica Municipal Code to the contrary,
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the following parking standards shall apply to the following
types of housing:
unit Type
Congregate Housing
Housing Units Deed-
Restricted or restricted
by an agreement approved
by the City for Low and
Moderate Income:
studio, no bedroom
1 bedroom
2 bedroom or larger
visitor
Senior Housing and
Senior Group Housing
Visitor
Senior Housing and
Senior Group Housing
Deed Restricted or
restricted by an agreement
approved by the city for
Low and Moderate Income
Visitor
Homeless Shelters
Domestic Violence
Shelter
Single Room Occupancy
Visitor
Spaces Required
1 space/5 beds
1 space/unit
1 space/unit
1. 5 space/unit
1 space/5 units
0.5 space/unit
1 space/S units
0.25 space/unit
1 space/S units
1 space/lO beds
0.5 spaces per
per bedroom
0.5 space/unit
1 space/5 units
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Compact Percentage
40%
40%
40%
40%
40%
40%
40%
40%
40%
40%
40%
40%
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Single Room Occupancy
Deed Restricted to Low
and Moderate Income
0.25 space/unit
40%
visitor
1 space/5 units
40%
Transitional Housing
visitor
0.5 space/bedroom
1 space/5 units
40%
SECTION 9 .
Density Bonus for Inclusion of Housin9 in
Non-Residential Zones.
In addition to any other applicable
provision of this Ordinance, Affordable Housing Projects located
in non-residential zoning districts may have a Floor Area Ratio
equal to the applicable FAR limitation of the underlying zoning
district plus 0.5 times the floor area devoted to such units. In
mixed-used projects,
such bonus may be utilized in the
residential portion of the project only.
This section is not
applicable to projects which have already received a FAR bonus
pursuant to Zoning Ordinance provisions providing a FAR bonus for
projects which include affordable residential units.
To the
extent a project qualifies for a density bonus under state law,
any bonus granted under this section shall be counted toward
satisfying the state density bonus requirement.
SECTION 10. This Ordinance shall be of no further force and
effect one year from its effective date, unless the Council, by
majority vote, after a public hearing noticed pursuant to section
9131.5 of the Santa Monica Municipal Code, extends the ordinance
for no more than one additional year.
SECTION 11.
Any provision of the Santa Monica Municipal
Code or append1.ces thereto inconsistent with the provisions of
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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 12. 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 13. 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 upon 30 days after its adoption.
SECTION 14.
The applicant for any project for which an
application has been filed but not approved at the time this
Ordinance becomes effective can elect to have the provisions of
this Ordinance apply to the project.
APPROVED AS TO FORM:
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ROBERT M. MYERS
City Attorney
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Adopted and approved this 14th day of July, 1992.
I hereby certify that the foregoing Ordinance No. l635(CCS)
was duly and regularly introduced at a meeting of the City
council on the 30th day of June 1992; that the said Ordinance was
thereafter duly adopted at a meeting of the City council on the
14th day of July 1992 by the following Council vote:
Ayes: Councilmembers:
Abdo, Genser, Olsen, Zane
Noes: Councilmembers:
Holbrook
Abstain: Councilmembers:
None
Absent: Councilmembers:
Katz, Vazquez
ATTEST:
A~>>~~
~ ~ city ~lerk (
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