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Councif Mtg May 19, 1998 Santa Manica, Cafiforn~a
TO Mayor and C~ty Councrl
FROM Gity Staff
SUB,IECT Recomm~ndation to Introduce for First Reading an Extension to the lnter-rn
OrdEnance Allowing Second Dwelling Units m the R-1 and 4P-1 Zoning
Distncts Under Spec~f~ed Circumstat~ces, Clar~fying the AIlowance of Second
Units in Multi-family Resid~nt~al Distrrcts, and SpecGfyang Standards for
Second Units
INTRODUCT[ON
This report recommends fF~at the City Councif ~~troduce for first r~ading an ordinance to
extend the existing ordinance that allows second dwellmg un~ts in the R-1 and OP-1
Zonmg Distr~cts under specrf~ed crrcumstar~ces, cdarrfies the allowance of second units rn
multi-fam~fy res~dential d~stricEs, and specifies star~dards for secand units The extension
is ~ecessary to allow the permanent standards to be incorporatsd ~nto the Zoning
Ordinance The extension would be for 12 months
On October 15, ~ 996 the C~ty Council adapted Ord~nar~ce Number 1866 ~CCS) a 45-day
inter~m ord~nance which was subsequently modified and extend~d for ~8 months by
Ordinance 1869 (CC5} on Navember 26, ~ 996 Th~s ordinance is due to expire on June
26, 1998 If adapted, t~e proposed interim ordinanc~ would be valid up to and mcluding
June 28, 1999 The proposed ardinance is contained in Attachment A
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DISCUSSlON
Th~ Zoning Ordi~ance currently prohibits second dwelling units i~ the C~ty's R-1 and QP-1
s~ngle-family zor~ir~g d~stricts (SMMC Sections 9 04 08 D2 06D(c) and 9 04 08 44 050(c))
On J~ne 18, 1996, the City recei~ed its first appEtcat~on far a Condit~onal Use Permit far
a second unit on a property zoned for single family use Gavernment Code Section
fi5852 2 establ~shes requirements for the adoption af munic~pal standards applicable to
second units in single-fam~ly and multi-family zones Pursuant to these requirements the
City Council adopted an interim ordinance on Octaber 15, 1996 (Ordmance 1866 ~CCS))
which was subsequently modified a~d extended by Ordinance 1869 (CCS) on November
26, 1996, allowing second dweiling urnts under certain circumstances The purpase of the
exist~ng ~ntenm ardinance is to conform wGth the requirements of state ~aw relatmg to
seco~d units The existing mtenm ord~nance also clarEfies the allowar~ce of second units
m multi-family residential d~stricts and specifies standards for second ~nits
The existing interim ordinance expires on June 26, 1998 The proposed ~nter~m ardinance
w~E! serve to extend Ordinances 1866 (CCS) a~d 18s9 ~CCS). and makes mir~or wording
changes to the FEndmgs and Purpose Section of the ordmances and supplements this
sectian ta reflect development since the inter~m ordinance was first adopted The extens~on
is necessary c~ue to the delays encountered ~n adopting the Housmg Efement Now that
the Element is adopted, the permanenf standards will be incorparated into the Zoning
O~d~nance Extensian of the exis#~ng interim ordinance is necessary becaus~ approval af
development ~ncompatEble with the standards of t~is ~ntenm ord~nance would result m a
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thr~at to public health, safety, ar welfare
BUDGETIFINANCIAL IMPACT
The recammendation presented in tf~is repart will have no budget or financial impacts
RECOMMEN DATION
It is res~ectfully recommended that the City Caunc~l ~ntroduce for #arst reading the attached
interim ordinance extend~ng #he alfowance flf second c[wellang units m the R-1 and OP-1
Zor~mg Districts under specified cireumstances, clarify~ng the allowance of secor~d ur~its
in multi-fam~ly residential dis~r~cts, and specify~r~g standards for second units for a per~od
up to and ineluding June 28, 1999
Prepared by Suzanne Frick, Director
Karen Ginsberg, Pianning Manager
David Martin, Sen~or Planner
Laura Beck, Associate Planner
Planning and Cammunity Development Department
Attaehment A Ordinance
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ATTACHMENT A
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f:a~ty\muni\laws\mjm\scndunts.3
City Counc~l Meeting 5-19-98 Santa Monica~ California
ORT]INANCE NUMSER ( CCS )
(City Cauncil Series)
INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA ALLOL+TING SEC4ND DWELLING UNITS IN
THE R-1 AND OP-1 ZONING DISTRICTS UNDER SPECIFIED
CIRCUMSTANCESf CLARIFYING THE ALLOWANCE OF SECOND
UNITS IN MULT~-FAMILY RESIDENTIAL DISTRICTS, AND
SPECIFYING STANDARDS FOR SECOND UNITS
THE CITY COUNCIL OF THE CITY OF SANTA MQNICA DOES ORDAIItT AS
FOLLOWS:
SECTION 1. ~'indinqs and Purpose. The City Council finds and
declares:
(aj Government Code Section 65852.2 establishes requYrements
for the adaptian of municipal standards applicable tp second units
in single-family and multi-family zones. It pro~ides that, within
120 days after receiving the firs~ application for such a unit, a
city may e~ther: (1} adopt an ordinance allo~ainq for second units
subject ta local standards; or (2) prohibit second units based upon
findings specif~ed in Section 65852.2. If a city fa~ls to exercise
either af these optipns, then state standards spec~fied in Section
65882.2 app].y.
(b) A principal goal of Gavernment Code Section 65852.2 is to
ensure that all Califoxnia cities make adequate provision for
affordable housing.
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(c) The City of Santa Monica fully supports ~h~s goal. The
City has a long-standing commitment to the provzsion of affordable
housing, and the City successfully effectuates ~his commitment
through extraardinary effort manifest in various City laws,
policies and programs.
(d) The City's voters have adopted ini~iative measures which
ensure the protection of affordab~e haus3ng in the City. The Rent
Control Charter Amendrnent, adopted in 1979, has as its primary
purpase the protection of affordable housing. Similarly~
Proposition R, adopted by the voters ~n 1990, ~~andates that thirty
percent of all housing uni~s canstructed each year in the City must
be affordable.
(e) The City's zoning la~~s and policies include substantial
incentives for the production of affordable housing~ including
height and density bQnuses and reduced park~ng requirements.
Additionally, unlike many cities' zoning la~.s, Santa Monica's
permits some form of residential use in all af the City's zones,
including commercial and industrial. The only exceptian is tha
City's park zone, which is limited ta the City~s parks.
(f) Th2 C~ty operates a number of programs Urhich facilitate
the production of affordable housing. These ~nclude loans to
private, for-profit developers ~nd o:vners and funding to non-profit
agencies to acquire or construct hous~ng units.
(g} The Ci~y alsa funds nany social service progxams which
provide emergency shelter, trans~~ianal hausing and permanent and
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suppartive housing to individuais and families with very low
inc~mes.
(h) These and ather laws, policaes and pragrarls have resulted
in the presex-vation and production af an extraordinary number of
affordable units with~n the City. Th~ presence of these units has
al~ow~d a very substantial number of ~ow and moderate incqme
households to live in the City notwithstanding its prime location
and high real estate values. Census data sho~rs that sixty perc~nt
of th~ City's households have low or maderate incomes.
(i) At the same time as it has 4,Tork~d to ensure the
preser~atipn and production of adequate ~f~ordabl~ housing, the
City has also striven to protect residents' quality of life within
the City by maintaining a balance betFreen the canflicting community
needs, However, the preser~ation of this balance has been a
difficult task because of certain unique charac~erxstics af the
City which are a functian of its ~ocation and history.
(j) Santa Monica is a coastai C~ty, in a prime locatian,
bordered by the City of Los Angeies to the narth, east and south.
The land area of the City is small -- just 8 square miles --- ar-d
the population is approx~mately 90,000. Thus, the City is very
dense. Moreover, th~ combination of an aceanside lacation, fine
climate, and the availability of ~rban faczl~ties, services and
entertainments make Santa Monica an extremely des~.rable place to
work or visit -- just as it is a very des~rable place to live.
Consequently, a large number of non-residents come into the City to
work or recreate. on weekdays, approxir~ately 300,000 people are
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present within the City. On weekends, the number swells to as high
as 5oQ,130~. Thus, papulation density and cangestion both pase
signiflcant threa~s to the quality of life in Santa Monica.
(k} The City's density is, in significant part, a function of
its zoning. Since 1922, a relatively large portion of the Ci~y has
been zoned multi-family; and a signific~nt portian has been zoned
commercial. ConsequentZy, for many deeades, a reZativeZy small
percentage of property ~,,rith3n the City has been zoned for single
family resid2nces. Thus, there are very feTf: ne~ghborhoads within
tha City which are neither densely de~eloped nor periodical~y
congested.
{].) The density and cong~stion o~ the C~~y and tne threat
which they pose to quality of life is magnified by the lack of apen
space. The City has relatively litti~ parkland; and the parks
which do exist are very heaviiy used for a variety of purposes.
These purposes include sports leagues and special events, both of
which draw large cxowds and generate s~bstantzal noise. The beach
provides open space. However, this open space is utilized by tens
and even hundreds of thousands of persons li~ing throughout the
Southern California region. Thus, very little space t,rithin th~
City is peaceful and quiet.
(~n} Even the limited portzons of the C~ty wh~ch are zoned
single ~amily experience unusual proble:~s r:ith noise, traffic and
parking for several reas~ns. The hundreds of thausands o~ people
who work in the City and visit it use the City's residential
streets for travel and parking. Additionally, tens of thousands of
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commuters drive through the Cit~ each work day to gain access to
the Santa Monica ~reeway; and this number is zncreasing due to
extensive development tq the south of the City's border. These
workers, VISI~OrSr and commuters impact n4ise Zevels, air quality
and traffic in the City's R-1 and ather residential neighborhoods.
Mareover, in port~ons of the City, the cammercial zones which run
along the City's major east-west thoroughfares are adjacent to R-1
neighborhoods. The quality of resid~ntial life in these
neighborhoods is impacted by the laxge numbers of persons
patronizing the businesses in these zones, which include
restaurants, cpffee houses and night clubs. P~oreover, in th~ R-1
neighborhaods of the City, a substantial number of s~cond units
already exist. Same of these were built as "accessory units" and
are not permitted for dwelling. Others were simply built without
permits. Many of these units iv7ere utilized as rental un~ts prior
ta the adoption of the City's Rent Cantrol Charter Amendment and
are therefore controlled rental units. ~aken together, these
factors mean that the Czty's s~ngle family neighbarhoods are
already denser, noisier, and more sub7ect to parking and traffic
problems than their zoning deszgnations ~ould indicate.
(n) On June 18, 1996, the C~~y received its first application
for a Conditional Use Permit for a second unit on a property zone~
for single fam~ly use.
(o) Qn August 13~ 1996, pursuant t~ the requ~rements of
Gavernm~nt Code Section 55852.2, the City Council direct~d City
staff to prepare an ordinance xegulating second units in the R-1
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district and directed the Planning Cam~lsslon to review and comment
on the praposed ordinance. In respanse, Staff praposed an
ard~nance, and the Planning Commission conducted a pubiic hearing
on the proposed ordinance on September 11, 1996.
(p) The pr~posed ordinancE, tagether with modifications
sugqested by the Plann~ng Canmissian, cam~ befare thE City Council
at its meeting of September 24, Z996; and the Council conducted a
public hearing.
(q} In the course of that hearing, a significant number of
City residents expressed their concerns about permYtting the
development of addi~.ional second units in the R-1 district. Many
others expressed their cancern l~y letter. Those concerns ~ncluded:
increased noise, increased air pollution, security r~sks, the
creation and exacerbatian of traffic and parking prpblems,
inardinate demand on th~ infras~ructure of older neighbarhoods
which were planned and built to be R-1, and the lack of quiet,
peaceful spaces in the corir~tunity. A much sr~aller number of
speakers favored ailotti~ing second units in the single family
districts. At the conclusion of the hearing, the Council
delzberated an the availab].e options and directed staff to prepare
an ardinance which would prohibit second units in the R-1 and OP-1
districts (hereinafter referred to in th~s sectzon as the "R-Z")
only.
(r) At the October 8, 1996 City Counci7. meeting, the Council
consider~d an ordinance which clarified the allo~vance of second
units in all multi-family districts, and prohibited second units in
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the R-1 district subject to a l~mited "hardship exemption." A
pubiic hearing was conducted and additi~nal public testimony was
received. Same property owners testified that second units were
h~eded far occupancy by their dependents, or by care givers far
themselves or their dependents. Aft~r the receipt of public
testimony and deliberation, the City Council introduced for first
reading an ordinance ~rhich nodified the proposed "hardship
exemption" to expand the circumstances under ~:hich second units
would be allowed in ~he R-1 Distrzct. That ordlnance aras adapted
on second reading as Ordinance Nur~ber 1865(CCS) an October 15,
1996.
(s) In Ordinance 1866(CCS), the City Cvuncil found that
permitting the development af additional second units in the city's
limited R-1 districts would adversely impact the public health,
safety and welfare. Such development ~•rould significant~y erode the
quality of life for residents Qf R-1 distzicts i.n San~a Monica. zt
would, among other things, exacerbate problems resulting from the
City's overall density, the unusually large nur;ber af persans who
~tork within the Czty, visit it for recreation, and traveZ though
it, and th~ substantial nuFnber of second units that already exist
in R-1 districts. These prob~ems ~nclude noise, traffic, and a
shortage of park~ng. Such developr~ent w,~ould also adversely affect
quality of life by reducing the nur~ber ot' neighborhaads within the
City which still afford a tranquil env~ronment and thereby serve as
havens for CYty residents who t~alk, ~og, and ride b~.cycles an their
quiet stre~ts, using the streets in much the same way as parks.
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(t) Without limiting the foregoing, the City Council also
found that many praperty owners in the R-1 D~strict have
dependents, such as elderly relativ~s or physically or mentally
disabled adult children, ~~ho rely on the property awner for care.
Secand units provide an opportunity for limited independent living
for such dependents in c3ose proximity ta the property owner's
home. Other R-1 property awners have the need to house health care
praviders ar ather car~ givers far themselves of their dependen~s.
Second units facilitate such an arrangement and provide a
conv~nient residence for such caregivers. In soMe circumstances,
substantial hardship may resu~t ta property awners ~.~ho are unable
ta have second units on the~r property for the purposes described
above.
(u} Allowxng secand units in the R-1 d~strict only for the
use of dependents of the property o~~ner~ or caregivers of the
praperty awners or dependents of the property owners, and subject
to the other r~quirements af this Ordinance, should not resul~ in
an undue concentration of second units, and strikes an appropriate
balance between the competing needs identified above.
(vJ In light of the above-mention~d conc~rns, an Navember 25,
199~, the City Council adopted Interim Ordinance Number i869 (CCS)
which extended Interi~ OrdinanCe Number 1866 (CCS) for eighteen
(18) months and wIZ~ expire on June 26, 1998.
(w) The City Cauncil also finds and dec~ares that it has been
City policy to allow secand units in the ~ulti-family residentia~
district, and permitting such units effectuates the City's and the
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state's policy of encauraging the development af affordable
housing.
(x} Newly constructed second units tti=ill probably no~ be
affordable. The City's Rent Cantrol Charter A~endment will not
restrict rents for these units since they .ti~ould be exempt as new
construction. These units ~rould also not be subject to the City's
Inclusionary Housing requirenents. In additian, data provided by
the Santa Monica Rent Control Board tracking the rent levels of
units decantrolled as a result of Costa Ha~akins demons~ra~es that
these decontrolled units are losing thelr affordab~lity. Data
obtained in preparing the City's Housing Element Upda~e also
demonstrates that prevailing market rents for new multi-£amily
constructian are nat affardable. Moreov~r, market rents in Santa
Monica are continuing to increase as land values increase. While
second units are different in k~nd fram traditional rental ~nits,
second units ~aould nat be ~~mune fro~ these ~arket conditions.
Given this data~ ther~ is no reason to conclude that newly
constructed second units «ould be offered at affordable rents.
(y) The purpose of this ordinance is to conform wzth the
~equirements of state 1aw relating to second units in areas za~ed
for single-family and multi-family residences; to c~arify the
allawance of s2cand units in some areas of ~he City, whi~e
protecting the character of the single family residentiai
districts; and to provide reasonable des~gn and development
standazds and pracedures to foster and protect the public health,
safety, welfare and aesthetic ~nterests ~f the City. The City
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Counci~ is mindful of the possibility that this ordinance may limit
housing oppartunities in th~ region aver time. Hot•reve~, in view of
the many City laws, palicies and programs which hav~ successfully
fastered affardable housing opportunities in the City, and in view
of the extent and success o~ those effarts relative ~a efforts made
by ather c~ties in the region, any ir~pact of this ordinance upon
regional housing needs will likely be negligible.
(z) Pursuant to the City's Zoning Ordinance, further formal
actian is needed by both the Planning Cor~rlission and the City
Council to effectuate an ar~endment to th~ Zoning Ordinance to
regulate second units in accordancE :,~~th the provisions af this
Ordinance. Should the City not adopt thls ard~nance, de~elopment
incompatible with the pravisions of this Ord~nance will occur,
which would ad~ersely affect th~ health, safe~y and ~~elfare of the
City and its citizens, as described above.
(aa} For these reasons, pursuant to Santa Monica Municipal
Code Section 9.a~.20.16.a6~, the City Councii finds that another
interim ordinance is necessary because there exists a current and
immediate threat to the public health, safety, ar 4relfare, and
appx-aval of deve~opment inconpatible with the standards of this
interim ord~nance would resul~ in a threat to pub~ic health,
safety, or welfare. Th~s Ordinance extends the prov~sions of
Ordinance 1866(CCS) and Ordinance 1869 (CCS}, as modified, up to
and including June 28, 1999 to allo~~ adequate time for formal
Zoninq Ord~.nance amendments to be pracessed and adopted, makes
minor wording changes to this Section to more accura~ely reflect
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the Council's action and supp~e~ents th~s Section to reflect
developments since Drdinance 1869 (CCS) was drafted.
SECTTON 2. Definitlons. As used in this 4rdinance, ~hese
words have the foliowing definitions:
(a) "Second unit" means an attached ar detached residential
dwelling unit which provides complete independent living facilities
for one or more persons and ~ahich is located or established on the
same lot on which a single fa~~1y resi~ence ~s located. A second
unit shalZ c~ntain permanent provisions for living, sle~ping,
eating, coaking and sanitation. "Second unit" sha11 also include
an efficiency unit, as defined in Section 17958.1 of the Health and
Safety Code, and a manufactured home, as defined in Section 180~7
of the Health and Safety Code.
(b} "Existing second unit" r~eans a s~cond unit ~rhich was
developed prior to the effective date af thls Ordinance. An
existing second unit shall be considered as ei~her "legal non-
conforming," if it conformed to the standards existing at the time
it was developed, or as "non-per~itted," if it sr:as developed in a
manner inconsistent w~th the applicable standards in effect at the
time of development.
SECTION 3. Applicability. The provisions af this Ordinance
apply to eXisting non-permitted s~cond units and to the development
of all new second un~ts. Existing legal non-conforming second
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units may remain, subject to the provislons of 5~bchapter 9.04.18
of the Zoning Ordinance.
SECTION 4. Permitted Districts. rlot,•~ithstanding any
provisions af th~ Municipal Code to the contrary, second units
shall be permitted in all multi-family residential zoning districts
subject to the requiremer-ts of Section 5 belota. Second un~ts sha~l
be permitted in the R-1 and nP-1 zoning distracts as specified in
Section 5 belaw.
SECTION 5. Second Unlts in the Multi-family Residential
Zoninq Districts. This Ordinance c].arifies existing City practice
with respect to secand units in ~he r,~ulti-far~~ly zoninq distx'icts.
Notwithstanding anything in Che ~~Iunicipal Ctide to thE cantrary,
second units sha11 be allotiaed in the fo1lo.:ing multi-tamily
residential zoning districts accarding ta the follo~ring standards:
(a} R2R. Arl attached second un~t, and a detached second uni.t
when lacated on a parcel containing one single fanily home, shall
be considered a"duplex," and shall be per~nitted ~n all
circumstances in which development of a duplex ~aould be permitted,
subject ta campliance ~rith the property develflprlent standards of
the district.
(b) R2, R3, R4, RVC, OP--Duplex, OP-2, DP-4, and R3R. A
second unit shall be consider~d a'"multi-~am~ly" use, and be
permitted~ sub~ect to compl~.ance V:ith the und~rlyzng property
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develapment standards of th~ district in ~~hich the property is
lacated.
(c) R2B. Develvpment of a second unit shal~ be consider~d a
permi~ted use, subjec~ to compliance G~i~h the property develapment
standards of the d~strict.
(d) Parking requirements. Parkzng requirements for second
units in multi-fami}.y zaning districts shall be the same as parking
xequirements for other multifam~ly dwelling units unde~ the Zoning
Ordinance. Pursuant ta Gavernment Code Section 658~2,2(e), the
City Council finds that tande~n parking for lots greater than 30
feet in width, and parking zn the front ane half of the parcel, are
not otherwise permitted for residential uses anyc,rhere else in the
jurisdiction.
SECTION 6. Second Units ln the R-1 and OP-l. A Use Permit
may be granted far a second unit in t~;e R-1 and aP-1 zonzng
distric~s if the unit is intended and used solely for occupancy by
a dependent o~ th~ residen~ praperty owner, or a care giver of
either the property owner ar a depe~den~ o.f the property owner, and
if the owner demonstrates that substantia~ hardship to the owner
~nd the accupant[s) will result from denial o~ the perr~it. Such
units must also comply :•~ith the follo~-:ing:
(a) Use Permit requ~red. A Use Perr~it shall be required for
any second unit. The Use Permit shal~. be prQCessed in accordance
with the provisions o~ Part 9.04,20.11 of the Zoning Ordinance. No
Use Permit shall be granted unless the second unit comp~ies with
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the provisions of this q~dinance, and unless ~he findings required
by Part 9.~4.20.~1 are made. A Use Fermit application shall be
subject to the standard fee for Use Perr:~its as set by resolution af
the City Council.
(b} Occupancy and sa].e limitations. 'Ihe aTnrner of record of
the parcel shali reside on the parcel an which the second unit is
located, in either the nain dwelling unit or the second unit. A
second unit may be occupied as a residential d4:elling unit, and the
Use Permit shal~ be valid anly it and for so long as this
condition, and the hardshi.p requirements described in subsec~.ion
(a) are satisfied. Th~ second unat is r.at ~n~ended ~or, and sha~l
not be offered for, sale separately frorn the r~ain d~•relling unit.
(c) Lat size. Second units may be developed on any legal
parcel of 5000 sq~are feet or more in the R-1 and OP-1 Districts.
Second units may not be developed on parcels less than 5000 square
feet in area.
(d) Density. Second units :~ay be develaped on parcels which
contain no more than one existing single-fam~~y r~sidence.
(e) Maximum and Minimum Unit Size. Secand unlts may cantain
a maximum of 650 square feet af flcor area and a rnanimum of 220
sqtzare f eet of f loor area .
(f] Parcel coveraae. 'The parc~l coverage of the second unit
shall count toward total parcel coverage. The entire parcel shali
canform to the parcel coverage limitation of the ft-1 or OP-1
Districts as app~icable.
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(g) Parkinq requirements. For secQnd units, one parking
space per bedraam shall be requ~red, ~~ath a minimum of ane space
per second uni~. Tandem parking shal~ not be permit~ed unless the
parcel upon which the second unit is located is less than 30 feet
in width. Parking shall not be Iocated in the front one half of
the parcel. Pursuant to Government Code Section 6~852.2(e), the
City Counci~ finds that tandem park~ng far lo~s greater than 30
feet in width, and parkinq in the frant one half ~f the parcel, are
not otherwise permitted for residential u~es any~,There else in the
jurisdictian.
(h} 5econd units attached to the main d~~ellinq. Except as
o~herwise provided above, ~he second unit shall comply ~rith all the
praperty development standards for th~ r~ain dv,el~ing.
{i} Detached second units. In addit,ion to the requirements
set forth above, detached second units shall camply with Che
following:
(1} One story detached second unit in a bu~ldinq which
~s fourteen feet or less in height: Ihe entire building in which
~uch second unit is located shall cor~,ply ~rith the requirements
applicable to accessory structur~s set farth in Zon~ng Ordinance
5ection 9.04.10.02.100, subsections ta), (b}~ {c), (d), and (e) and
~ith the requirements for accessary livi~g q~arters set forth ~n
~oni,ng Ordinance Section 9.04.12.Q80, sabsect~ons (c),(d}, and (q}.
(2) Detached second unit in a building ~•,hich is o~er on~
story or exceeds fourteen ~eet in height: The en~lre building in
which such secand unit is ~ocated shall co:rply with Che
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requirements applicabl~ ~o accessory struc~ures set forth in Zoning
Ordinance Section 9.04.14.110, subsections (a), (c), (d), (e), and
fg) •
(j) Desiqn standards.
(1) The exterl.or de~ign of the second unit sha11 be
substantially compatible with that of the main dtaelling in terms of
building forms, materials, colors, exterior finishes and
landscaping. The parcel shall retain a single-family appearance
and the second unat shall be integrated ~nto the design of the
existing improveanents on the property.
(2) Th~ second unlt sha~l be clearly subordinate to the
main dwelling unit on th~ parcel by size, location and appearance.
(3) The entrance to the second unit shall nat be on the
front or street side yard.
(4) The addresses of bath un~ts shall be displayed in a
manner as ta be clearly v~sible from the street.
(k) Conversion of existinq strkc~.ures.
(1) Garaqe conversions. xhe crea~.ion of a second unit
through conversion of all or a partion of a garage shall be
prohibited unless at least two parking spaces in a garage are
provided fox' the mai.n dt~elling, in addzt~on ta the parking required
by this Qrdinance for the second unit, and a1.1 other provisiQns of
this Ordinance are met.
{2) Guest quarters and nan-c{araqe accessory build~nq
conversions. The creation of a second unit thraugh conversion of
all or a portion of a guest quarters or non-garage accessory
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building shall be allowed if parking required by this Ordinance for
the second unit is pravided, and all other prov,~s~.ons of this
Ordinance are met.
(3) Canversian of exzstinq floor area of the main
dwelling. The creation of a second unit thraugh conv~rsion of part
of ~he existing floor area of the main dwelling shall be allowed,
provided it dves not result in the floor area of the main dvrellinq
being less than 1500 0~ the f~oor area of the second unit, or in
violation of the standards of the Lrniform Building Code or Uniform
Housing Code.
(1) Prohibition aqainst rental. The second unit shall not be
rented except ta those persans :;~hase occupariCy is authox'ized by
Sectian 6 af this Ordinance.
(m} Deed Restriction. Prior ta issuance of a building
permit, ar in the case of an existing second unit, vrithin 45 days
following the effective datE of appraval of a Use Pernit, the
applicant shall record a deed restriction c.r~th the County Recarder
in a form approved by the City Attorney se~ting forth the
requirements of this Ordinance, includ~ng r.he applicable occupancy
and sale restrictions. This deed restriction shall run with the
land.
SECTION 7. Campliance ~~ith other la~vs. Except as modif~ed by
this ~rdinance, a second unit :~ust meet the requ~rements of the
Zoning Ordinance, ~he UniFarn Bu~lding Cade, and ali ather relevant
federal, state, and local requirer~ents.
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SECTION 8. Fees for secand units ~cr purposes of
determining fees and othez zequirements, a secand unzt shall be
cansidered an additional unit on the parcel, and fees shall be
determined in accordance with Go~ernment Code Section 66000.
SECTION 9. Compliance with this Ordinance by existinq non-
permitted secand units. All existing non-permitted second units
must comply with the provisions of this Ordinance.
SECTION 10. Any prov~si~n of the interim ordinances, the
Santa Monica Municipal Code, or appendices thereta inconsistent
with the provisions of this ~rdinance, to the extent of such
inconsistencies and nfl further, are hereb~~ r~pealed or Modified to
that extent necessary to affect the provisions of th~s ~rdinance.
SECTION 11. If any section, subseetzon, sent~nce, clause, or
phrase af this Ordinance ls for any reason he~d ta be invalid or
unconstitutional by a decision of any court of any competent
jurisdictian, such decision shall not affect the validity of the
remaining portions Qf this Ordinance. The C~ty Council hereby
declares that it would have passed this Ordinance, and each and
every section, subsect~on, sentence, c~a~se, or phrase not declared
invalid or unconstitutional ~•~ithout regard to :~;hether any portion
of the Ordinance wauld b~ subsequently declared ~nval~d or
unconstit~tional.
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SECTION 12. This ~rdinance shall be of no further force or
effect after June 28, 1999, unless extended ~n the ~anner required
by law.
SECTION 13. This Ordinance is declared to be a measure
adopted pursuant to the provisio~s af Section 9.04.20.16.060 of the
Zoning Ordinance. It is necessary for preservinq the public
health, safety, or welfare, and the reasons ~~r its adoption are
set forth in the ~'indings and Purpose sect~on of this Ordinance.
SECTIDN 14. This Ordinance shall be applicable ta any actians
concerning second units, includYng ar-y application for a second
unit filed on or after November 29, 1996.
SECTION 15. The Mayor shall sign and the CiCy Clerk shall
att~st ta the passage of this Ordinance. The C~ty Clerk shall
catzse the same ta be published once in the official newspaper
within 30 days after its adaption. This Ordinance shall. become
effective 30 days from its adaption.
APPROVED A5 TO FORM:
~ J.~U~-~ .
~IARSHA JO1~S MDUTRIE
City Attorney
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