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O2011 f:\atty\muni\laws\barry\rental housing moratorium-1.wpd City Council Meeting 5-22-2001 Santa Monica, California ORDINANCE NUMBER 2011 (CCS) (City Council Series) AN INTERIM ORDINANCE OF THE CITY COUNCil OF THE CITY OF SANTA MONICA ESTABLISHING A MORATORIUM ON THE DEVELOPMENT OF AND CONVERSION TO SHORT-TERM HOUSING; DECLARING THE PRESENCE OF AN EMERGENCY THE CITY COUNCil OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOllOWS: SECTION 1. Findings and Purpose. The Council finds and declares: (a) The proliferation of short-term rental housing can have a significant, detrimental impact on the quality of life in the community. (b) Short-term housing, also known as corporate housing, provides temporary accommodations in fully furnished apartments complete with furniture, appliances, housewares, and other furnishings. (c) Short-term housing projects typically afford an array of conveniences and services such as maid and linen service, laundry and dry cleaning service, on-site conference or meeting rooms, business centers, and Internet access, Most short-term housing facilities also offer a full health club, spa, large pool and tennis court. Projects that do not offer these facilities on-site, often offer membership to area facilities. 1 (d) The average length of stay in short-term housing in the Los Angeles region is eighty days. Nationally, the average is seventy-one days. (e) The typical occupants of these facilities include: relocating executives requiring temporary accommodations until a permanent residence is established, corporate recruits, attorneys trying cases, and relocating families. This housing is also increasingly utilized by vacationers. The occupants of these units do not intend to make these units their permanent place of residence, but view these premises as interim abodes. (f) The short-term housing inventory increased by 13% nationally in 2000 and is anticipated to increase by an average of 10% over the next four years, if current economic conditions persist. (g) Short-term housing is also growing exponentially in Santa Monica. Some of the recent major housing developments in the City that offer or will offer short term housing include the Arboretum project with 253 units (excluding the 97 units deed restricted to affordable housing), the Sea Castle with 133 units (excluding the 45 units deed restricted to affordable housing), and Citrus Suites with a combined 171 units available at two separate locations. (h) One of Santa Monica's primary housing goals is to preserve the quality and character of its existing single and multi-family residential neighborhoods. Santa Monica's prosperity has always been fueled by the area's many attractive features including its cohesive and active residential neighborhoods and the diverse population which resides therein. In order to continue to flourish, the City must preserve its character and charm which result, in part, from the cultural, ethnic, and economic diversity of its resident population 2 (i) The City must also preserve its unique sense of community which derives, in large part, from residents' active participation in civic affairs, including local government, cultural events, and educational endeavors. Occupants of short-term housing do not and cannot have the same involvement and ties to the community and to neighborhoods in which they reside as occupants who treat the City and their neighborhoods as their home. Short-term occupants are less likely to become active in civic, neighborhood, and community affairs and events. U) The City has adopted numerous regulatory measures intended to promote the development of multi-family housing and ensures that this development is occupied by individuals as their principle residence. The City never envisioned that these measures would facilitate the development of short-term housing. (k) The proliferation of short-term housing in the City is a recent phenomenon and the City needs time to adequately assess the full impacts of the form of housing and its appropriate scope and location within the City. (I) For the reasons described above, the City Council finds that a moratorium on the development of and conversion to short-term housing is necessary because the continuing development of this form of housing in the City prior to the City's review of its housing and land use policies and regulations presents a current and immediate threat to the public peace, health, safety, and welfare. If urgent action is not taken, this form of development activity will continue unabated, thereby committing scarce land resources to development that is not in the best interests of the residents of the City. The approval of additional development of and the conversion to short-term housing in the City pending the City's completion of its review of its housing and land use policies and regulations would result 3 in a threat to the public health, safety, and welfare. Consequently, this ordinance establishes .a forty-five day moratorium on this form of housing extending up to and including July 6, 2001, to provide the City sufficient time to further evaluate and undertake appropriate actions to address impact of short-term housing, SECTION 2. Moratorium. (a) Subject to Section 3 of this Ordinance, a moratorium is hereby plQced on the acceptance for processing of any applications for approval oftentative tract maps, tentative parcel maps, administrative approvals, development review permits, conditional use permits, design compatibility permits, zoning conformance, and building permits for any residential building or structure that will be utilized as short-term housing in any district in the City. (b) Subject to Section 3 of this Ordinance, all applications which have not been deemed complete as of May 22,2001, for approval oftentative tract maps, tentative parcel maps, administrative approvals, development review permits, conditional use permits, design compatibility permits, zoning conformance, and building permits for any residential building or structure that will be utilized as short-term housing in any district in the City shall be disapproved. (c) Subject to Section 3 of this Ordinance, no person shall convert property to short- term housing without first obtaining a business license from the City's Business License Division permitting this use. (d) For purposes of this Ordinance, "short-term housing" shall be defined as rental housing which has a combination of some but not necessarily all of the following attributes: 4 ~ 'aJeJlaM pue '^laJes 'lHlea4 'a:)ead :)!Iqnd aln DU!A.JasaJd JOJ i\JesS8:)au S! a:)ueu!pJO S!4l 'a^oqe SDU!PU!J a4l U! 4lJOJ las S\:f 'JalJe4~ ^K) e:)!uoV\l elues a4l JO 9 ~9 UO!paS JO UO!S!^OJd a4l ollUensJnd paldope aJnSe8W ^:)uaDJn ue aq Ol paJep8p S! 8:)ueU!pJO S!4.l 'v NOI.l83S 'pafoJd DU!Sn04 WJal-lJ04s e aleJado JO dOl8^ap Oll4DP palSa^ e 4s!lqelsa ue:) J8UMO a4l4:)!YM U! ^lJadoJd e Ol alqe:)!Idde aq lOU lIe4s a:)ueu!pJO S!4.l 'Sl46!~ palSa^ '8 NOI.l83S DU!)jJed lale^ (J) 'ssa:):)e laUJalul pue 'SaU!4:)ew xeJ 'SJa^eld 08 'S~8^ 'SOaJalS "Slas uo!s!^alal ')jJoMlJe 'SI8MOl 'suau!I paq 'saJeMaSn04 'sa:)ue!ldde 'aJnl!UJnJ :DU!MOIIOJ a4l JO lie ^Ipessa:)au lOU lnq awos JO UO!leU!qwo:)e DU!pnpU! Sl!un P84S!uJnJ ^lInJ (a) SWOOJ DU!laaW (p) SJ8lua:) a:)!A.Jas SS8U!Snq (:)) S8!l!lpeJ eaJe Ol sd!4SJaqwaw JO 'slJno:) S!UUal 'Iood 'eds 'qnp 4lle84 (q) 8:)!A.JaS uau!I pue p!ew (e) :samuawe DU!MOIIOJ a4l JO lie JO awos sapnpu! ^lJadoJd a4.l '8 '8J84Masl8 8:)uap!SaJ JO a:)eld lUaUewJad e U!elqo JO u!elU!ew II!M 04M suosJad ^q asn JOJ P8PUalU! S! ^lJadoJd a4.l 'G 'i\JeJodwal aq Ol ^:)uedn:):)o J!a4l PUalU! as!MJa4l0 04M lnq 's^ep 08 lsealle JO ^elS wnw!u!w e JOJ ^lJadoJd 84l uo ap!saJ II!M 04M slenp!^!pu! ^q asn JOJ paUD!Sap S! ^lJadoJd a4.l . ~ SECTION 5. This Ordinance shall be of no further force and effect after forty-five days from tl:le date of its adoption, July 6, 2001, unless prior to that date, after a public hearing, noticed pursuant to Santa Monica Municipal Code Section 9.04.20,22,050, the City Council, by majority vote, extends this Interim Ordinance. SECTION 6, 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, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance, SECTION 7. 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 competent jurisdiction, such decision shall not affect the validity of the remaining portions ofthis 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 8. 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 6 L 'ry :V\I~O~ O.l S\:f 03^O~dd\:f 'UO!ldope Sl! uodn ~M!P8JJ8 8WO:)8q lIe4S a:)ueulpJO S!4.l 'UO!ldope Sl! J8ije s^ep 9 ~ U!4l!M J8dedsM8u Adopted and approved this 22nd day of May, 2001. State of California ) County of Los Angeles) ss, City of Santa Monica ) I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2011 (CCS) was introduced and adopted at the City Council meeting held on May 22, 2001, by the following vote: Ayes: Council members: Genser, McKeown, O'Connor, Mayor Pro Tem Bloom, Mayor Feinstein Noes' Council members: None Abstain Council members: None Absent: Council members: Holbrook, Katz ATTEST: