SR-400-011 (7)
PCD:SF:JT:AS:JL:TK:f:\plan\share\council\strpt\2004\04APP-002.Shrttrm Hsing.doc
Council Mtg: March 9, 2004 Santa Monica, California
TO: Mayor and Councilmembers
FROM: City Staff
SUBJECT: Introduction And First Reading of an Ordinance Adding Santa Monica
Municipal Code Sections 9.04.02.030.778 And 9.04.14.140 And Amending
Sections 9.04.08.15.040, 9.04.08.18.040, 9.04.08.20.040, 9.04.08.22.040,
And 9.04.08.26.040 to Establish a Definition of Short-Term Rental
Housing, Conditionally Permissible Zones For Short-Term Rental Housing,
And Appropriate Design And Development Standards And Conditions.
Consideration of Appeal (04APP-002) of the Planning Commission’s
Technical Denial Of The Proposed Text Amendment. Applicant: City of
Santa Monica; Appellant: Planning Commissioner Jay P. Johnson.
INTRODUCTION
This report recommends that the City Council deny the appeal and introduce for first
reading an ordinance modifying the Zoning Ordinance to allow short-term rental housing
as a conditionally permitted use in the BSCD, C3, C3-C, C4, and C6 Districts subject to
special conditions. The proposed ordinance is contained in Attachment A.
BACKGROUND
On May 22, 2001, the City Council adopted an emergency interim ordinance, Ordinance
Number 2011 (CCS), which established a moratorium on the development of short-term
rental housing and the conversion of existing multi-family developments to this form of
housing. The moratorium was established in order to stem the adverse impacts of
short-term housing on the character of residential neighborhoods and to prevent the
introduction of a commercial use into residential zones. On June 19, 2001, the City
Council adopted Ordinance Number 2012 (CCS) extending the interim ordinance for a
period of two years to provide staff with additional time to implement a permanent
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ordinance. On March 11, 2003, the City Council extended the interim ordinance an
additional year by adopting Ordinance Number 2070 (CCS). The interim ordinance will
expire on June 19, 2004.
On July 16, 2003, the Planning Commission adopted a Resolution of Intention
authorizing staff to prepare this ordinance amendment in accordance with the City
Council’s direction. The Planning Commission reviewed the proposed amendment on
September 3, 2003, and continued the item due to several concerns. Specifically, the
Planning Commission requested input from the Rent Control office regarding the
proposed text amendment, sought further analysis on potential conversions of existing
rent controlled units to short-term rental housing units, requested information regarding
the number of existing short-term rental housing units, and clarification on the required
lengths of stay for short-term rental housing uses.
On January 21, 2004, the Planning Commission adopted a new Resolution of Intention
authorizing staff to prepare this ordinance amendment with modifications based on the
Commission’s previous concerns. The proposed amendment was reviewed on
February 4, 2004. Unable to reach a consensus for a recommendation to Council
regarding the text amendment, the Planning Commission’s official action was a
technical denial. An appeal from one Commissioner was filed shortly thereafter so that
the City Council could deliberate on the text amendment. Since the appeal was filed to
address a procedural matter, the focus of this report will address the Planning
Commission’s substantive concerns as well as the staff proposed amendment as
opposed to focusing on the appeal itself.
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ANALYSIS
Short-Term Rental Housing
Short-term rental housing is a housing alternative that provides temporary housing in
fully furnished apartment-like units for a minimum continuous stay of thirty days. Short-
term rental housing is most often used by corporate travelers; however, vacationers,
future residents, and individuals remodeling homes or facing other temporary
circumstances also use short-term housing.
The emergency interim ordinance establishing a moratorium on the development of
short-term rental housing was a result of concerns regarding the use’s adverse impacts
on the City and the character of residential neighborhoods in particular due to the
introduction of a commercial use into residential zones. Short-term rental housing is
unique in that it combines a commercial venture, similar to commercial lodging, with a
residential use. This hybrid use provides similarities to housing but also incorporates
commercial components such as maid service, health club and recreation facilities,
business centers, meeting rooms, and valet service that are not characteristic of a
residential use. Further, occupants of short-term rental housing are less likely to
participate in civic, neighborhood, and community affairs and events and do not have
the same level of involvement or ties to the community in which they reside, as long-
term residents and property owners.
Due to these issues, there is concern that short term housing in residential districts
could lead to a deterioration and destabilization of the neighborhood character and
disrupt the quality of life for residents nearby this type of development. The transitory
nature of short-term rental housing also has the potential to impact established
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residential neighborhoods in terms of increased noise and intensity of use based upon
the operation of short-term rental housing facilities.
The proposed ordinance would require approval of a Conditional Use Permit for a short-
term rental housing use, consistent with the requirement of a Conditional Use Permit
approval for hotels in the subject commercial zoning districts. However, short-term
rental housing is differentiated from a hotel use in that a minimum length of stay of thirty
consecutive days is required, where as a hotel use is limited to a maximum stay of
twenty-nine days. Further, the use is differentiated from a multi-family use by the
amenities provided and other operational characteristics such as maid and linen
service, valet parking, and provision of meeting rooms. The requirement of a
Conditional Use Permit approval along with the proposed special conditions for short-
term rental housing will ensure adequate review of a proposed project and compatibility
of the use with the surrounding neighborhood.
Planning Commission Action
The Planning Commission considered the proposed text amendment at two public
hearings. Commissioners who were opposed to the amendment expressed concerns
regarding the conversion of existing long-term housing stock to short-term rental
housing, the lack of public participation in the amendment process, a perceived lack of
demand for short-term rental housing, and/or concerns regarding enforcement. Some
commissioners were also concerned that short-term rental housing would increase
property values and as such would drive out renters with the loss of existing long-term
housing to short-term rental housing. Further concerns regarding the impact to mixed-
use housing in the commercial districts and a desire to require Transient Occupancy
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Taxes or other special fees were discussed. Commissioners who supported the text
amendment believed the staff proposed definition and regulatory requirements were
sufficient to address the stated concerns.
In fact, many of the arguments against the proposed ordinance are specifically
addressed in the proposed text amendment language or covered by existing
regulations. For instance, the proposed text amendment required approval by the
Planning Commission of a Conditional Use Permit for all new short-term rental housing
projects. No new short-term rental project will be allowed without Planning Commission
review and approval. Newly initiated proactive enforcement of discretionary entitlement
approvals will ensure that short-term rental housing projects continually meet all special
conditions of approval. These special conditions also include prohibiting the conversion
of any existing residential units to short-term residential units. Mixed-use project
opportunities in the subject zones will continue to be possible with or without regulation
on short-term housing. The concern that a rent-controlled property would be removed
from the rental market through Ellis Act procedures and a new structure rebuilt as a
short-term housing project is not a concern shared by Rent Control staff. The principal
reason is that any new residential opportunity such as short-term rental housing on the
site within five years of being Ellised would remain subject to existing rent control laws.
Another issue raised at the Planning Commission meeting involves the applicability of
Transient Occupancy Taxes (TOT). Since short-term housing requires lengths of stay
thirty days or over, this use is not considered a hotel. Hotel uses are defined by a length
of stay under 30 days and are subject to Transient Occupancy Taxes. While staff
believes assessment of a Transient Occupancy Tax is appropriate for this use since it
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would increase the parity between short-term rental housing and hotels, such a tax
could only be approved by a majority vote of Santa Monica residents. Should the
Council decide to place a measure on the ballot to increase the Transient Occupancy
Tax, such a measure could also include assessment of the tax to short term rental
housing.
Proposed Ordinance
The proposed ordinance includes adding Section 9.04.02.030.778 of the Zoning
Ordinance to create a definition of short-term rental housing. Typically, short-term
rental housing is designed for use by individuals who will occupy a unit thirty or more
days but who intend that their occupancy will be temporary and who maintain a
permanent place of residence elsewhere. The typical amenities that may be offered
include maid service, health club and recreation facilities, business centers, meeting
rooms, fully furnished units, and valet service.
Short-term rental housing can be an appropriate land use within certain zoning districts
subject to special conditions to ensure compatibility with surrounding land uses. Due to
the commercial nature of short-term rental housing and its potential impacts to
residential neighborhoods, staff believes that the following commercial zones are
appropriate areas for this type of use through approval of a Conditional Use Permit:
Bayside Commercial District (BSCD), Downtown Commercial District (C3), Downtown
Overlay District (C3-C), Highway Commercial District (C4), and Boulevard Commercial
District (C6). Short-term housing is similar to other conditionally permitted uses in these
districts. Specifically, hotel uses are conditionally permitted in all of these districts
except C3. In addition, the downtown districts and commercial corridors provide for the
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broadest mix of uses, allowing for commercial activity that serves both the local
community as well as the region. However, short-term rental housing is differentiated
from a hotel use in that a minimum length of stay of thirty-consecutive days is required,
where as a hotel use is limited to a maximum stay of twenty-nine days.
In order to ensure compatibility with surrounding land uses, special conditions for short-
term rental housing projects are required. These conditions are intended to ensure that
short-term rental housing operates in a harmonious manner with surrounding land uses
and does not result in adverse impacts upon the community. In addition, these
conditions seek to reinforce a residential character to short-term rental housing and to
provide amenities typical of residential uses, including private open space, parking, and
other facilities. In order to protect the City’s existing housing stock, the special
conditions also preclude the conversion of existing residential units to short-term rental
housing units. However, new short-term housing projects would be allowed to convert
to traditional long-term residential developments, provided these projects comply with all
the property development standards for the district in which they are located. While the
opportunity to sublet short-term rental housing units exist, a condition requiring a
minimum stay of at least thirty consecutive days for occupants will seek to prevent a
continuous turnover of occupants. The residential height and density bonuses normally
applicable to certain residential projects will also not apply to short-term rental housing
units. In addition, the potential for new short-term rental housing units will not limit
future mixed-use project opportunities in the subject zones as short-term rental housing
projects will also be permitted ground floor commercial uses as currently allowed by the
Municipal Code.
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The requirement of a Conditional Use Permit approval along with the proposed special
conditions for short-term rental housing will ensure adequate review of a proposed
project and will ensure compatibility of the use with the surrounding neighborhood.
Newly initiated proactive enforcement of discretionary entitlement approvals will ensure
that short-term rental housing projects continually meet all special conditions of
approval. Moreover, short-term rental housing facilities that have been illegally
established would be subject to City enforcement efforts and would be required to abate
the use or obtain a Conditional Use Permit as required by this amendment.
Conclusion
Currently, the Zoning Ordinance does not contain provisions to allow short-term rental
housing. Recent projects have shown that the impacts of short-term rental housing
upon the City of Santa Monica include potential adverse impacts on the character of
residential neighborhoods due to the introduction of a commercial use in residential
zones. The proposed amendment would allow short-term rental housing as a
conditionally permitted use in the BSCD, C3, C3-C, C4, and C6 Districts and would set
forth special conditions for short-term rental housing to ensure the use operates in a
harmonious manner with surrounding land uses and does not result in adverse impacts
upon the community. The proposed amendments are consistent with the goals,
objectives, policies and programs specified in the General Plan.
CEQA STATUS
The project is categorically exempt from the provisions of the California Environmental
Quality Act (CEQA) pursuant to Section 15061(b)(3), of the State Implementation
Guidelines in that CEQA applies only to projects having the potential to cause a
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significant effect on the environment. The proposed ordinance does not have this
potential and merely seeks to define the short-term rental housing use, designate the
zoning districts where it is a permitted use, and provide development standards for the
use. Applications made pursuant to the proposed ordinance are still individually subject
to review for CEQA compliance.
PUBLIC NOTIFICATION
Pursuant to Municipal Code Sections 9.04.20.22.050, notice of the public hearing was
published in the California section of the Los Angeles Times newspaper at least ten
consecutive calendar days prior to the hearing. Notice of the hearing was also sent to
all neighborhood organizations, the Planning Commission, and posted on the City’s web
site. A copy of the notice is contained in Attachment B.
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report has no budget or fiscal impacts.
RECOMMENDATION
It is recommended that the City Council reject the appeal (04APP-002) and introduce for
first reading the proposed ordinance included in Attachment A.
Prepared by: Suzanne Frick, Director
Amanda Schachter, Acting Planning Manager
Jonathan Lait, AICP, Senior Planner
Tony Kim, Associate Planner
City Planning Division
Planning and Community Development Department
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ATTACHMENTS: A. Proposed Ordinance Text
B. Notice of Public Hearing
C. February 4, 2004 Planning Commission Meeting Staff Report
D. Appeal Statement
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ATTACHMENT A
Proposed Ordinance
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F:\ATTY\MUNI\LAWS\BARRY\Shrttrm Hsing-1.doc
City Council Meeting 3-9-04 Santa Monica, California
ORDINANCE NUMBER ________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ADDING SANTA MONICA MUNICIPAL CODE SECTIONS 9.04.02.030.778 AND
9.04.14.140 AND AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS
9.04.08.15.040, 9.04.08.18.040, 9.04.08.20.040, 9.04.08.22.040, AND
9.04.08.26.040 TO ESTABLISH A DEFINITION OF SHORT-TERM RENTAL
HOUSING, CONDITIONALLY PERMISSIBLE ZONES FOR SHORT-TERM
RENTAL HOUSING, AND APPROPRIATE DESIGN AND DEVELOPMENT
STANDARDS AND CONDITIONS
WHEREAS, the proliferation of short-term rental housing can have a significant,
detrimental impact on the quality of life in the community; and
WHEREAS, short-term rental housing, also known as corporate housing,
provides temporary accommodations in fully furnished apartments complete with
furniture, appliances, housewares, and other furnishings; and
WHEREAS, short-term rental 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; and
WHEREAS, 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
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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; and
WHEREAS, 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 cultural, ethnic, and economic
diversity of its resident population; and
WHEREAS, 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
rental housing do not and cannot have the same involvement and ties to the community
and to the 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; and
WHEREAS, 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 rental housing; and
WHEREAS, Section 9.04.02.030 does not presently define short-term rental
housing; and
WHEREAS, the proliferation of short-term housing in the City is a relatively
recent phenomenon; and
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WHEREAS, in light of these concerns, the City Council adopted Ordinance
Number 2011 (CCS) on May 22, 2001 establishing a moratorium on the development of
short-term rental housing and the conversion of existing multi-family development to this
form of housing to provide the City time to adequately assess the full impacts of this
form of housing and its appropriate scope and location within the City; and
WHEREAS, the City Council extended Ordinance Number 2011 (CCS) on June
19, 2001 and on March 25, 2003; and
WHEREAS, short-term rental housing can be an appropriate land use within
BSCD, C3, C3-C, C4 and C6 Districts subject to special conditions and development
standards; and
WHEREAS, conditionally permitting short-term rental housing in the BSCD, C3,
C3-C, C4 and C6 Districts subject to certain special conditions and development
standards will ensure compatibility with surrounding land uses; and
WHEREAS, Sections 9.04.02.030.778 and 9.04.14.140 will be added to the
Santa Monica Municipal Code to establish a definition of short-term rental housing and
to establish special conditions; and
WHEREAS, the Planning Commission considered the proposed text amendment
on February 4, 2004, but was unable to reach a consensus for a recommendation to the
City Council regarding the text amendment, resulting in a technical denial of the
proposed amendment; and
WHEREAS, this technical denial was appealed to the City Council; and
WHEREAS, the City Council held a public hearing on the proposed text
amendment on March 9, 2004; and
WHEREAS, the proposed text amendment is consistent in principle with the
goals, objectives, policies, land uses, and programs specified in the adopted General
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Plan, specifically, Land Use Element Objective 1.1 which states that the City’s land use
policies should seek to “protect the quality of life in all residential neighborhoods” in that
the proposed amendment would allow short-term rental housing as a conditionally
permitted use in commercial districts only, thereby protecting the residential character
and quality of life in residential neighborhoods by prohibiting a commercial oriented use
in these areas; and
WHEREAS, for the reasons detailed above, the City Council finds and declares
that the public health, safety, and general welfare require the adoption of the proposed
text amendment in that the goals, objectives and policies of the City’s adopted General
Plan are achieved as the amendment would provide an alternative temporary housing
option and would prohibit a commercial oriented land use in residential zones, thereby
maintaining the low intensity character of established residential neighborhoods,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
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SECTION 1. Section 9.04.02.030.778 is hereby added to the Santa
Monica Municipal Code to read as follows:
9.04.02.030.778 Short-Term Rental Housing.
Rental housing which has the following attributes:
1. The property is designed for use by individuals who will
reside on the property for a minimum stay of at least 30 consecutive days,
but who otherwise intend their occupancy to be temporary.
2. The property is intended for use by persons who will
maintain or obtain a permanent place of residence elsewhere.
3. The property includes some or all of the following
amenities:
(a) Maid and linen service
(b) Health club, spa, pool, tennis courts, or memberships to
area facilities
(c) Business service centers
(d) Meeting rooms
(e) Fully furnished units including a combination of some but
not necessarily all of the following: furniture, appliances, housewares, bed
linens, towels, artwork, television sets, stereos, VCRs, CD players, fax
machines, and Internet access.
(f) Valet parking
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SECTION 2. Section 9.04.14.140 is hereby added to the Santa Monica
Municipal Code to read as follows:
9.04.14.140 Short-term Rental Housing.
The purpose of this Section is to ensure that short-term
rental housing operates in a harmonious manner with surrounding land
uses and does not result in adverse impacts upon the community. The
following special conditions shall apply to short-term housing units:
Applicability.
(a) Short-term rental housing may be permitted with the
approval of a Conditional Use Permit in the BSCD, C3, C3-C, C4 and C6
Districts so long as the use is compliant with the property development
standards of the underlying zoning district and the standards established
herein. The following conditions shall apply to all new short-term rental
housing uses and substantial remodels or the addition of units or the
expansion of existing short-term rental housing units.
Private Open Space.
(b) Any project containing four or more short-term
rental housing units shall provide the following minimum open space: one
hundred square feet per unit for projects with four or five units, and fifty
square feet per unit for projects of six units or more.
Parking.
(c) Parking for short-term rental housing units shall be provided in
the amount as required by Section 9.04.10.08.040, as specified for multi-
family residential.
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Facilities.
(d) Each short-term rental housing unit may provide one or more
of the following facilities:
(1) Kitchens
(2) Separate bedrooms
(3) Separate living rooms
Conversion.
(e) The conversion of existing residential units to short-term
rental housing units shall be prohibited.
Height and Density Bonuses.
(f) The residential height and density bonus
provisions permitted by Sections 9.04.08.15.060, 9.04.08.18.060,
9.04.08.20.060, 9.04.08.20.070, 9.04.08.22.060, 9.04.08.26.060, and Part
9.04.10.14 shall not apply to short-term rental housing.
Operation.
(g) The units shall not be operated as a hotel or in the same
manner as a hotel. The units shall not routinely have occupancies for
periods of less than thirty consecutive days.
Lease.
(h) Each unit must be leased by an occupant for a period of at least
thirty consecutive days.
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SECTION 3. Santa Monica Municipal Code Section 9.04.08.15.040 is hereby
amended to read as follows:
Section 9.04.08.15.040 Conditionally permitted uses.
(1) The following uses may be permitted in the BSC-1 portion of
the BSC District subject to the approval of a conditional use permit:
(a) Bars, subject to the limitations contained in Section
9.04.08.15.080;
(b) Billiard parlors;
(c) Bowling alleys;
(d) Cinemas;
(e) Clubs and lodges;
(f) Convention and conference facilities;
(g) Fast-food food courts, subject to the limitations contained in
Section 9.04.08.15.080;
(h) Homeless shelters with fifty-five beds or more;
(i) Hotels and motels;
(j) Nightclubs, subject to the limitations contained in Section
9.04.08.15.080;
(k) Open-air farmers markets;
(l) Short-term rental housing;
(l)(m) Skating rinks;
(m)(n) Theaters.
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(2) The following uses may be permitted in the BSC-2, BSC-3
and BSC-4 portions of the BSC District, subject to the approval of a
conditional use permit:
(a) Automobile parking lots and structures;
(b) Bars, subject to the limitations contained in Section
9.04.08.15.080;
(c) Billiard parlors;
(d) Bowling alleys;
(e) Cinemas;
(f) Clubs and lodges;
(g) Convention and conference facilities;
(h) General offices uses on the ground floor in that portion of a
parcel between twenty-five feet and seventy-five feet from the front parcel
line;
(i) Homeless shelters with fifty-five beds or more;
(j) Hotels and motels;
(k) Nightclubs, subject to the limitations contained in Section
9.04.08.15.080;
(l) Open-air farmers markets;
(m) Short-term rental housing;
(m)(n) Skating rinks.
(3) In addition to those uses specified in subsection (2) of this
Section, the following uses may be permitted in the BSC-3 portion of the
BSC District subject to the approval of a conditional use permit:
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Expansion or intensification of automobile repair facilities existing
as of July 8, 1997 provided such property is physically improved to comply
with the Bayside District special project design and development
standards set forth in Section 9.04.08.15.070 and the special conditions
for auto repair facilities set forth in Section 9.04.14.050.
SECTION 4. Santa Monica Municipal Code Section 9.04.08.18.040 is hereby
amended to read as follows:
Section 9.04.08.18.040 Conditionally permitted uses.
The following uses may be permitted in the C3 District subject to
the approval of a Conditional Use Permit:
(a) Automobile parking structures.
(b) Bed and breakfast facilities.
(c) Billiard parlors.
(d) Bowling alleys.
(e) Cinemas.
(f) Clubs and lodges.
(g) Convention and conference facilities.
(h) Expansion or intensification of automobile repair facilities
existing as of July 11, 1995.
(i) Funeral parlors and mortuaries.
(j) Homeless shelters with fifty-five beds or more.
(k) Liquor stores.
(l) Nightclubs.
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(m) Open-air farmers markets.
(n) Replacement of fast-food restaurants in existence as of May
13, 2003.
(o) Service stations.
(p) Short-term rental housing.
(p)(q) Skating rinks.
(q)(r) Take-out restaurants.
(r)(s) Rooftop parking.
SECTION 5. Santa Monica Municipal Code Section 9.04.08.20.040 is
hereby amended to read as follows:
Section 9.04.08.20.040 Conditionally permitted uses.
The following uses may be permitted in the C3-C District subject to
the approval of a conditional use permit:
(a) Auditoriums.
(b) Automobile parking lots and structures.
(c) Billiard parlors.
(d) Bowling alleys.
(e) Cinemas.
(f) Clubs and lodges.
(g) Convention and conference facilities.
(h) Expansion or intensification of automobile repair facilities
existing as of July 11, 1995.
(i) Homeless shelters with fifty-five beds or more.
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(j) Hotels and motels.
(k) Liquor stores.
(l) Nightclubs.
(m) Offices at the ground floor street frontage.
(n) Open-air farmers markets.
(o) Restaurants where entertainment and dancing occurs.
(p) Service stations.
(q) Short-term rental housing.
(q)(r) Skating rinks.
(r)(s) Take-out and fast food restaurants.
SECTION 6. Santa Monica Municipal Code Section 9.04.08.22.040 is hereby
amended to read as follows:
Section 9.04.08.22.040 Conditionally permitted uses.
The following uses maybe permitted in the C4 District subject to the
approval of a Conditional Use Permit:
(a) Auditorium.
(b) Automobile dealerships, or expansion of existing automobile
dealerships indoor or outdoor area by more than ten percent, or more than
five thousand square feet, whichever is less.
(c) Automobile parking lots and structures.
(d) Automobile repair facilities.
(e) Automobile washing facilities.
(f) Billiard parlors.
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(g) Clubs and lodges.
(h) Drive-in, drive-through, take-out and fast-food restaurants.
(i) Exercise facilities.
(j) Homeless shelters with fifty-five beds or more.
(k) Hotels and motels.
(l) Liquor stores.
(m) Nightclubs.
(n) Open air farmers markets.
(o) Restaurants over fifty seats.
(p) Self service storage warehouses.
(q) Short-term rental housing.
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SECTION 7. Santa Monica Municipal Code Section 9.04.08.26.040 is hereby
amended to read as follows:
Section 9.04.08.26.040 Conditionally permitted uses.
The following uses may be permitted in the C6 District subject to
the approval of a Conditional Use Permit:
(a) Automobile dealerships in existence on October 1, 1996,
provided that such dealerships may not resume operations if converted to
another use.
(b) Expansion of existing automobile dealerships indoor or
outdoor area by more than ten percent, or more than five thousand square
feet, whichever is less.
(c) Auditoriums.
(d) Department stores over fifty thousand square feet.
(e) Homeless shelters with fifty-five beds or more.
(f) Hotels and motels.
(g) Nightclubs.
(h) Service stations.
(i) Short-term rental housing.
(i)(j)Take-out and fast-food restaurants.
(j)(k) Theaters.
SECTION 8. 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
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remaining portions of the ordinance. The City Council hereby declares that it would
have passed this ordinance, and each and every 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 9. 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 10. 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 30 days from its adoption.
APPROVED AS TO FORM:
________________________________________
MARSHA JONES MOUTRIE
City Attorney
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ATTACHMENT B
Notice of Public Hearing
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NOTICE OF A PUBLIC HEARING
BEFORE THE SANTA MONICA CITY COUNCIL
SUBJECT: Ordinance for Introduction and First Reading to Add Zoning
Ordinance Sections 9.04.02.030.778 and 9.04.14.140 and amend
Sections 9.04.08.15.040, 9.04.08.18.040, 9.04.08.20.040,
9.04.08.22.040, and 9.04.08.26.040 regarding short-term rental
housing. Consideration of Appeal (04APP-002) of the Planning
Commission’s technical denial of the proposed text amendment
APPLICANT: City of Santa Monica
A public hearing will be held by the City Council to consider the following request:
Introduction and first reading of an ordinance adding Santa Monica Municipal Code
Sections 9.04.02.030.778 and 9.04.14.140 and amending Sections 9.04.08.15.040,
9.04.08.18.040, 9.04.08.20.040, 9.04.08.22.040, and 9.04.08.26.040 to establish a
definition of short-term rental housing, conditionally permissible zones for short-term
rental housing, and appropriate design and development standards and special
conditions.
DATE/TIME: TUESDAY, MARCH 9, 2004, AT 6:45 p.m.
LOCATION: City Council Chambers, Second Floor, Santa Monica City
Hall
1685 Main Street, Santa Monica, California
HOW TO COMMENT
The City of Santa Monica encourages public comment. You may comment at the City
Council public hearing, or by writing a letter. Written information will be given to the City
Council at the meeting.
Address your letters to: City Clerk
Re: Short-Term Rental Housing
1685 Main Street, Room 102
Santa Monica, CA 90401
MORE INFORMATION
If you want more information about this project, please contact Tony Kim, Associate
Planner, at (310) 458-8341, or by e-mail at tony-kim@santa-monica.org. The Zoning
Ordinance is available at the Planning Counter during business hours and on the City’s
web site at www.santa-monica.org.
The meeting facility is wheelchair accessible. For disability-related accommodations,
please contact (310) 458-8341 or (310) 458-8696 TTY at least 72 hours in advance. All
written materials are available in alternate format upon request. Santa Monica Big Blue
Bus Lines numbered 1, 2, 3, 5, 7, 8, 9, and 10 serve City Hall.
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Pursuant to California Government Code Section 65009(b), if this matter is
subsequently challenged in Court, the challenge may be limited to only those issues
raised at the public hearing described in this notice, or in written correspondence
delivered to the City of Santa Monica at, or prior to, the public hearing.
ESPAÑOL
Esto es una noticia de una audiencia pública para revisar applicaciónes proponiendo
desarrollo en Santa Monica. Si deseas más información, favor de llamar a Carmen
Gutierrez en la División de Planificación al número (310) 458-8341.
APPROVED AS TO FORM:
___________________________
AMANDA SCHACHTER
Acting Planning Manager
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ATTACHMENT C
February 4, 2004 Planning Commission Meeting Staff Report
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9-B
-BPCD:SF:JT:AS:JL:TK:f:\plan\share\pc\strpt\03\Shrttrm.020404.doc
Planning Commission Mtg: February 4, 2004 Santa Monica, California
TO: The Honorable Planning Commission
FROM: Planning Staff
SUBJECT: Short-Term Rental Housing Text Amendment 03TA-011
Address: BSCD, C3, C3-C, C4, and C6 Districts
Applicant: City of Santa Monica
INTRODUCTION
Action: Consideration of an ordinance which would define and authorize short-term
rental housing by adding Zoning Ordinance Sections 9.04.02.030.778 and 9.04.14.140
and amending Sections 9.04.08.15.040, 9.04.08.18.040, 9.04.08.20.040,
9.04.08.22.040, and 9.04.08.26.040 to establish a definition of short-term rental
housing, conditionally permissible zones for short-term rental housing, and appropriate
design and development standards and conditions.
Recommendation: That the Planning Commission recommend approval of the text
amendment to the City Council to modify the City’s Zoning Code by allowing the
conditionally permitted use of short-term rental housing in the BSCD, C3, C3-C, C4, and
C6 Districts.
SITE LOCATION AND DESCRIPTION
This amendment would apply to all properties in the following zoning districts of the City:
Zoning Districts: BSCD (Bayside Commercial District)
C3 (Downtown Commercial District)
C3-C (Downtown Overlay District)
C4 (Highway Commercial District)
C6 (Boulevard Commercial District)
Land Use Districts: Downtown Core
General Commercial
General Commercial with Service/Specialty
General Commercial with Downtown Core
Institutional
Service and Specialty Commercial
PROJECT DESCRIPTION
Proposed is a Text Amendment to various sections of the Zoning Ordinance. Currently,
the Zoning Ordinance does not contain a definition for short-term rental housing, nor
does it contain project design and development standards for short-term rental housing.
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Prior to the moratorium, short-term rental housing was not distinguished from multi-
family housing. The use was, therefore, permitted in all districts that allowed multi-family
housing. In response to concerns regarding the deleterious impacts associated with
this type of use, the City Council adopted the existing interim ordinance to temporarily
prohibit and evaluate whether short-term rental housing should be allowed in specific
areas of the city.
The proposed amendment would add a Zoning Ordinance section to create a definition
of short-term rental housing and a section to set forth special conditions for short-term
rental housing. In addition, the BSCD, C3, C3-C, C4, and C6 sections of the Zoning
Ordinance would be amended to allow short-term rental housing as a conditionally
permitted use. The text of the proposed amendment can be found in Attachment A.
CEQA STATUS
The proposed ordinance is exempt from the provisions of the California Environmental
Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State Implementation
Guidelines in that CEQA applies only to projects having the potential to cause a
significant effect on the environment. This ordinance does not have this potential as it
provides for a use that is similar to other conditionally permitted uses in the subject
districts, and the amendment will not change the amount of development that can occur
in any of the districts.
PUBLIC NOTIFICATION
Pursuant to Government Code Section 65804, notice of the public hearing for the text
amendment was published in the “California” Section of the Los Angeles Times
newspaper at least ten consecutive calendar days prior to the hearing. Notice of the
public hearing was also sent to all neighborhood organizations, the Planning
Commission, City of Los Angeles, and posted on the City’s Web site. A copy of the
notice is contained in Attachment B.
BACKGROUND
On May 22, 2001, the City Council adopted an emergency interim ordinance, Ordinance
Number 2011 (CCS), which established a moratorium on the development of short-term
rental housing and the conversion of existing multi-family developments to this form of
housing in order to stem the adverse impacts of short-term housing such as increased
traffic, noise, and trash on the character and quality of residential neighborhoods and
the introduction of a commercial use into residential zones. Occupants of short-term
rental housing are also less likely to participate in civic, neighborhood, and community
affairs and events and do not have the same level of involvement or ties to the
community in which they reside, as long-term residents and property owners. On June
19, 2001, the City Council adopted Ordinance Number 2012 (CCS) extending the
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interim ordinance for a period of two years to provide staff with additional time to
implement a permanent ordinance. On March 11, 2003, the City Council extended the
interim ordinance an additional year by adopting Ordinance Number 2070 (CCS). The
interim ordinance will expire on June 19, 2004.
On July 16, 2003, the Planning Commission adopted a Resolution of Intent authorizing
staff to prepare this text amendment in accordance with the City Council’s direction.
The Planning Commission reviewed the proposed text amendment, which is contained
in Attachment C, on August 20, 2003, and continued the item due to several concerns.
These concerns included the lack of input from the Rent Control office regarding the
proposed text amendment, the need for additional information regarding potential
conversions of existing residential units to short-term rental housing units, the lack of
information regarding the number of existing short-term rental housing units, and the
need for clarification on the required lengths of stay for short-term rental housing uses.
Based on the Planning Commission’s comments, staff proposed modifying other
sections of the Zoning Ordinance. These anticipated changes resulted in a new
Resolution of Intention that was presented to the Planning Commission on January 21,
2004. The adopted resolution is consistent with the subject text amendment.
ANALYSIS
In response to the Planning Commission’s concerns, staff contacted the City’s Rent
Control office to review the proposed short-term rental housing text amendment. Rent
Control staff expressed minimal concern with the proposed text amendment as no major
impacts to the existing stock of rent-controlled housing units was anticipated. The
number of rent-controlled units is not abundant within the downtown area and along
commercial corridors, which are the districts that would be affected by the proposed text
amendment. In addition, the proposed special conditions prohibit the conversion of
existing residential units to short-term rental housing units. Moreover, the concern that
a rent-controlled property would be removed from the rental market through Ellis Act
procedures and a new structure rebuilt as a short-term housing project is not shared by
Rent Control. The principal reason is that any new residential opportunity such as
short-term rental housing on the site within five years of being Ellised would remain
subject to existing rent control laws.
As a short-term rental housing unit combines a commercial venture, similar to
commercial lodging, with a residential use, staff has revised the proposed text
amendment to require approval of a Conditional Use Permit for a short-term rental
housing use, consistent with the requirement of a Conditional Use Permit approval for
hotels in the subject zoning districts. However, short-term rental housing is
differentiated from a hotel use in that a minimum length of stay of thirty consecutive
days is required, where as a hotel use is limited to a maximum stay of twenty-nine days.
Further, the use is differentiated from a multi-family use by the amenities provided and
other operational characteristics such as maid and linen service, valet parking, and
provision of meeting rooms. The requirement of a Conditional Use Permit approval
along with the proposed special conditions for short-term rental housing will ensure
adequate review of a proposed project and will ensure compatibility of the use with the
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surrounding neighborhood. Newly initiated proactive enforcement of discretionary
entitlement approvals will ensure that short-term rental housing projects continually
meet all special conditions of approval. Moreover, short-term rental housing facilities
that have been illegally established would be subject to City enforcement efforts and
would be required to abate the use or obtain a Conditional Use Permit as required by
this amendment.
The existing number of short-term rental housing projects is believed to be fairly limited
but includes some units in the Arboretum, Champagne Towers, Sea Castle, and Citrus
Suites properties located at 1915 Ocean Way, 425 Broadway, and 1455 Fourth Street.
Short-term housing, however, is not limited to larger apartment buildings. It also
includes smaller developments located throughout the City including the Deco Palm,
Casa Serena, and the Beach Suites. However, preparing an exhaustive list of all
existing short-term rental unit locations would be difficult to generate and is not
necessary for the purpose of regulating short-term housing. While the proposed text
amendment would allow existing short-term housing uses that were legally established
prior to May 22, 2001 to remain, any new short-term rental housing use must comply
with the proposed text amendment. Specifically, the proposed text amendment requires
that any new short-term rental housing use may only be permitted with the approval of a
Conditional Use Permit. The conversion of existing residential units to short-term rental
housing units is prohibited. As no short-term rental housing uses have been allowed
after May 22, 2001, any such use in question would need to demonstrate its existence
prior to this date or have a Conditional Use Permit. In addition, the percentage of
existing short-term rental housing units relative to overall housing units within the
subject districts is very low.
Staff also believes that instituting a maximum length of stay requirement for short-term
rental housing units is unnecessary and contrary to the intent of the proposed text
amendment to reinforce the residential character of the use and to avoid frequent
turnover to minimize the potential impacts to the surrounding neighborhoods. The
proposed text amendment seeks to encourage stable residential uses with long-term
occupants, providing active and cohesive residential neighborhoods and maintaining the
quality and character of the neighborhoods. In order to prevent short-term subletting of
these units, a special condition has been incorporated into the text amendment
requiring a minimum length of at least thirty consecutive days for the occupant of a
short-term rental housing unit. It is anticipated that this and lease restrictions, as
proposed, would prevent a corporation from subletting more frequently than every thirty
days and prohibit operating in a manner similar to that of a hotel use.
Regarding Proposition S, which prohibits the construction or conversion of new hotels
west of Ocean Avenue, staff specifically reviewed this citizen-initiated proposition to
ensure short-term rental housing would not conflict with the language or intent of that
law. To that end, staff recommends that short-term rental housing be conditionally
allowed in commercial zones that are beyond the boundary established by Proposition
S.
Another issue involves the applicability of Transient Occupancy Taxes (TOT). Since
short-term housing requires lengths of stay thirty days or over, this use is not
considered a hotel. Hotel uses are defined by a length of stay under 30 days and are
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subject to Transient Occupancy Taxes. While assessment of a Transient Occupancy
Tax would increase the parity between short-term rental housing and hotels, such a tax
could only be approved by a majority vote of Santa Monica residents.
Short-term rental housing is a type of lodging use that provides flexibility to visitors and
residents of the community and provides a practical residential option for those that
require this particular type of lodging use. Therefore, allowing short-term rental housing
in a regulated environment would be a benefit to the community. Staff recommends the
following text amendment to authorize short-term rental housing in specific zoning
districts.
PROPOSED TEXT AMENDMENT
The proposed text amendment includes adding Section 9.04.02.030.778 of the Zoning
Ordinance to create a definition of short-term rental housing. Typically, short-term
rental housing is designed for use by individuals who will occupy a unit thirty or more
days but who intend that their occupancy will be temporary and who maintain a
permanent place of residence elsewhere. The typical amenities that may be offered
include maid service, health club and recreation facilities, business centers, meeting
rooms, fully furnished units, and valet service.
Short-term rental housing can be an appropriate land use within certain zoning districts
subject to special conditions to ensure compatibility with surrounding land uses. Due to
the commercial nature of short-term rental housing and its potential impacts to
residential neighborhoods, staff believes that the following commercial zones are
appropriate areas for this type of use through approval of a Conditional Use Permit:
Bayside Commercial District (BSCD), Downtown Commercial District (C3), Downtown
Overlay District (C3-C), Highway Commercial District (C4), and Boulevard Commercial
District (C6). Short-term housing is similar to other conditionally permitted uses in these
districts. Specifically, hotel uses are conditionally permitted in all of these districts
except C3. In addition, the downtown districts and commercial corridors provide for the
broadest mix of uses, allowing for commercial activity that serves both the local
community as well as the region.
In order to ensure compatibility with surrounding land uses, special conditions for short-
term rental housing projects are required. These conditions are intended to ensure that
short-term rental housing operates in a harmonious manner with surrounding land uses
and does not result in adverse impacts upon the community. In addition, these
conditions seek to reinforce a residential character to short-term rental housing and to
provide amenities typical of residential uses, including private open space, parking, and
other facilities. In order to protect the City’s existing housing stock, the special
conditions also preclude the conversion of existing residential units to short-term rental
housing units. However, new short-term housing projects would be allowed to convert
to traditional long-term residential developments, provided these projects comply with all
the property development standards for the district in which they are located. While the
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opportunity to sublet short-term rental housing units exist, a condition requiring a
minimum stay of at least thirty consecutive days will seek to prevent a continuous
turnover of occupants. In addition, the residential height and density bonuses normally
applicable to certain residential projects will not apply to short-term rental housing units.
In order to recommend the proposed text amendment to the City Council, the Planning
Commission must satisfy two findings. These findings relate to consistency with the
City’s General Plan and promotion of the public health, safety and general welfare.
The proposed amendment is consistent in principle with several of the goals, objectives
and policies of the General Plan. Specifically, the amendment is consistent with the
following:
Land Use Element Objective 1.1 that states that the City’s land use policies
should seek to “protect to the quality of life in all residential neighborhoods.” The
proposed amendment would allow short-term rental housing through approval of
a Conditional Use Permit in commercial districts only, thereby protecting the
residential character and quality of life in residential neighborhoods by prohibiting
a commercial oriented use in these areas.
Land Use Element Objective 1.2 that states that the City’s land use policies
should seek to “ensure compatibility of adjacent land uses with particular concern
for protecting residential neighborhoods.” The proposed amendment would allow
short-term rental housing through approval of a Conditional Use Permit in
commercial districts only, and the proposed special conditions for short-term
rental housing will ensure that short-term rental housing operates in a
harmonious manner with surrounding land uses and will not result in adverse
impacts upon the community.
Land Use Element Objective 1.6 that states that the City’s land use policies
should seek to “accommodate commercial uses which serve regional,
community, and local needs while respecting the adjacent residential
neighborhoods.” The proposed amendment would allow a commercial lodging
use housing through approval of a Conditional Use Permit for a variety of users
in certain commercial districts while not impacting neighboring residential
districts.
CONCLUSION
The Zoning Ordinance currently does not contain provisions to allow short-term rental
housing. Recent projects have shown that the impacts of short-term rental housing
upon the City of Santa Monica include potential adverse impacts on the character of
residential neighborhoods due to the introduction of a commercial use in residential
zones. The proposed amendment would allow short-term rental housing as a
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conditionally permitted use in the BSCD, C3, C3-C, C4, and C6 Districts and would set
forth special conditions for short-term rental housing to ensure the use operates in a
harmonious manner with surrounding land uses and does not result in adverse impacts
upon the community. Findings of fact in support of the request are still required. The
proposed amendments are consistent with the goals, objectives, policies and programs
specified in the General Plan.
RECOMMENDATION
Staff recommends that the Planning Commission recommend adoption of the text
amendment to the City Council, as specified in Attachment A.
TEXT AMENDMENT FINDINGS
1. The proposed amendment is consistent in principle with the goals,
objectives, policies, land uses, and programs specified in the adopted
General Plan, specifically, Land Use Element Objective 1.1, which states
that the City’s land use policies should seek to “protect to the quality of
life in all residential neighborhoods” in that the proposed amendment
would allow short-term rental housing through approval of a Conditional
Use Permit in commercial districts only, thereby protecting the
residential character and quality of life in residential neighborhoods by
prohibiting a commercial oriented use in these areas. It is also
consistent with Land Use Element Objective 1.2, which states that the
City’s land use policies should seek to “ensure compatibility of adjacent
land uses with particular concern for protecting residential
neighborhoods” in that the proposed amendment would allow short-
term rental housing as a conditionally permitted use in commercial
districts only. Further, the proposed special conditions for short-term
rental housing will ensure that short-term rental housing operates in a
harmonious manner with surrounding land uses and will not result in
adverse impacts upon the community. The proposed amendment is
also consistent with Land Use Element Objective 1.6, which states that
the City’s land use policies should seek to “accommodate commercial
uses which serve regional, community, and local needs while
respecting the adjacent residential neighborhoods” in that the proposed
amendment would allow a commercial lodging use through approval of
a Conditional Use Permit for a variety of users in certain commercial
districts while not impacting neighboring residential districts.
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2. The public health, safety, and general welfare require the adoption of the
proposed amendment, in that the amendment would provide an alternative
temporary housing option as a conditionally permitted use and would prohibit a
commercial oriented land use in residential zones, thereby maintaining the low
intensity character of established residential neighborhoods.
Prepared by: Amanda Schachter, Acting Planning Manager
Jonathan Lait, AICP, Senior Planner
Tony Kim, Associate Planner
City Planning Division
Planning and Community Development Department
Attachments:
A. Recommended Ordinance Text
B. Notice of Public Hearing
August 20, 2003 Planning Commission Meeting Staff Report
C.
F:\PLAN\SHARE\PC\STRPT\03\Shrttrm.020404.doc
38
Attachment A
AMENDMENTS TO THE COMPREHENSIVE LAND USE AND ZONING ORDINANCE
OF THE CITY OF SANTA MONICA
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CREATION OF NEW DEFINITION TO BE INCLUDED IN SECTION 9.04.02.030
9.04.02.030.778 Short-Term Rental Housing.
Rental housing which has a combination of some but not necessarily all of the
following attributes:
1. The property is designed for use by individuals who will reside on the property
for a minimum stay of at least 30 consecutive days, but who otherwise intend their
occupancy to be temporary.
2. The property is intended for use by persons who will maintain or obtain a
permanent place of residence elsewhere.
3. The property includes some or all of the following amenities:
(a) maid and linen service
(b) health club, spa, pool, tennis courts, or memberships to area facilities
(c) business service centers
(d) meeting rooms
(e) fully furnished units including a combination of some but not necessarily all of
the following: furniture, appliances, housewares, bed linens, towels, artwork, television
sets, stereos, VCRs, CD players, fax machines, and Internet access.
(f) valet parking
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CREATION OF NEW SPECIAL CONDITIONS TO ENSURE THAT SHORT-TERM
RENTAL HOUSING IS HARMONIOUS WITH SURROUNDING LAND USES
9.04.14.140 Short-term Rental Housing.
The purpose of this Section is to ensure that short-term rental housing operates
in a harmonious manner with surrounding land uses and does not result in
adverse impacts upon the community. The following special conditions shall
apply to short-term housing units:
Applicability.
(i) Short-term rental housing may be permitted with the approval of a
Conditional Use Permit in the BSCD, C3, C3-C, C4 and C6 Districts so long
as the use is compliant with the property development standards of the
underlying zoning district and the standards established herein. The following
conditions shall apply to all new short-term rental housing uses and
substantial remodels or the addition of units or the expansion of existing
short-term rental housing units.
Private Open Space.
(j) Any project containing four or more short-term rental
housing units shall provide the following minimum open space: one hundred
square feet per unit for projects with four or five units, and fifty square feet per
unit for projects of six units or more.
Parking.
(k) Parking for short-term rental housing units shall be provided in the
amount as required by Section 9.04.10.08.040, as specified for multi-family
residential.
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Facilities.
(l) Each short-term rental housing unit may provide one or more of the
following facilities:
(4) Kitchens
(5) Separate bedrooms
(6) Separate living rooms
Conversion.
(m) The conversion of existing residential units to short-term rental
housing units shall be prohibited.
Height and Density Bonuses.
(n) The residential height and density bonus
provisions permitted by Sections 9.04.08.15.060, 9.04.08.18.060,
9.04.08.20.060, 9.04.08.20.070, 9.04.08.22.060, 9.04.08.26.060, and Part
9.04.10.14 shall not apply to short-term rental housing.
Operation.
(o) The units shall not be operated as a hotel or in the same manner as
a hotel. The units shall not routinely have occupancies for periods of less
than thirty consecutive days.
Lease.
(p) Each unit must be leased by an occupant for a period of at least thirty
consecutive days.
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AMENDMENT OF THE BSCD, C3, C3-C, C4, AND C6 ZONING DISTRICTS TO
ALLOW SHORT-TERM RENTAL HOUSING AS A
CONDITIONALLY PERMITTED USE
Section 9.04.08.15.040 Conditionally permitted uses.
(1) The following uses may be permitted in the BSC-1 portion of the BSC District
subject to the approval of a conditional use permit:
(a) Bars, subject to the limitations contained in Section 9.04.08.15.080;
(b) Billiard parlors;
(c) Bowling alleys;
(d) Cinemas;
(e) Clubs and lodges;
(f) Convention and conference facilities;
(g) Fast-food food courts, subject to the limitations contained in Section
9.04.08.15.080;
(h) Homeless shelters with fifty-five beds or more;
(i) Hotels and motels;
(j) Nightclubs, subject to the limitations contained in Section 9.04.08.15.080;
(m) Open-air farmers markets;
(l) Short-term rental housing;
(l)(m) Skating rinks;
(m)(n) Theaters.
(2) The following uses may be permitted in the BSC-2, BSC-3 and BSC-4 portions
of the BSC District, subject to the approval of a conditional use permit:
(a) Automobile parking lots and structures;
(b) Bars, subject to the limitations contained in Section 9.04.08.15.080;
(c) Billiard parlors;
(d) Bowling alleys;
(e) Cinemas;
(f) Clubs and lodges;
(g) Convention and conference facilities;
(h) General offices uses on the ground floor in that portion of a parcel between
twenty-five feet and seventy-five feet from the front parcel line;
(i) Homeless shelters with fifty-five beds or more;
(j) Hotels and motels;
(k) Nightclubs, subject to the limitations contained in Section 9.04.08.15.080;
(n) Open-air farmers markets;
(m) Short-term rental housing;
(m)(n) Skating rinks.
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(3) In addition to those uses specified in subsection (2) of this Section, the
following uses may be permitted in the BSC-3 portion of the BSC District subject to the
approval of a conditional use permit:
Expansion or intensification of automobile repair facilities existing as of July 8,
1997 provided such property is physically improved to comply with the Bayside District
special project design and development standards set forth in Section 9.04.08.15.070
and the special conditions for auto repair facilities set forth in Section 9.04.14.050.
(Added by Ord. No. 1841CCS § 3 (part), adopted 2/13/96; amended by Ord. No.
1885CCS § 1, adopted 9/23/97; amended by Ord. No. 1937CCS § 1, adopted 2/23/99)
Section 9.04.08.18.040 Conditionally permitted uses.
The following uses may be permitted in the C3 District subject to the approval of a
Conditional Use Permit:
(a) Automobile parking structures.
(b) Bed and breakfast facilities.
(c) Billiard parlors.
(d) Bowling alleys.
(e) Cinemas.
(f) Clubs and lodges.
(g) Convention and conference facilities.
(h) Expansion or intensification of automobile repair facilities existing as of July 11,
1995.
(i) Funeral parlors and mortuaries.
(j) Homeless shelters with fifty-five beds or more.
(k) Liquor stores.
(l) Nightclubs.
(m) Open-air farmers markets.
(n) Replacement of fast-food restaurants in existence as of May 13, 2003.
(q) Service stations.
(p) Short-term rental housing.
(p)(q) Skating rinks.
(q)(r) Take-out restaurants.
(r)(s) Rooftop parking. (Prior code § 9018.4; amended by Ord. No. 1687CCS §
4 (part), adopted 6/22/93; Ord. No. 1809CCS § 3, adopted 7/25/95; Ord. No. 1877CCS
§ 1, adopted 4/15/97; Ord. No. 2077CCS § 1, adopted 5-20-03)
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Section 9.04.08.20.040 Conditionally permitted uses.
The following uses may be permitted in the C3-C District subject to the approval of a
conditional use permit:
(a) Auditoriums.
(b) Automobile parking lots and structures.
(c) Billiard parlors.
(d) Bowling alleys.
(e) Cinemas.
(f) Clubs and lodges.
(g) Convention and conference facilities.
(h) Expansion or intensification of automobile repair facilities existing as of July 11,
1995.
(i) Homeless shelters with fifty-five beds or more.
(j) Hotels and motels.
(k) Liquor stores.
(l) Nightclubs.
(m) Offices at the ground floor street frontage.
(n) Open-air farmers markets.
(o) Restaurants where entertainment and dancing occurs.
(r) Service stations.
(q) Short-term rental housing.
(q)(r) Skating rinks.
(r)(s) Take-out and fast food restaurants. (Prior code § 9019.4; amended by
Ord. No. 1687CCS § 5 (part), adopted 6/22/93; Ord. No. 1809CCS § 4, adopted
7/25/95)
Section 9.04.08.22.040 Conditionally permitted uses.
The following uses maybe permitted in the C4 District subject to the approval of a
Conditional Use Permit:
(a) Auditorium.
(b) Automobile dealerships, or expansion of existing automobile dealerships indoor
or outdoor area by more than ten percent, or more than five thousand square feet,
whichever is less.
(c) Automobile parking lots and structures.
(d) Automobile repair facilities.
(e) Automobile washing facilities.
(f) Billiard parlors.
(g) Clubs and lodges.
(h) Drive-in, drive-through, take-out and fast-food restaurants.
(i) Exercise facilities.
(j) Homeless shelters with fifty-five beds or more.
(k) Hotels and motels.
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(l) Liquor stores.
(m) Nightclubs.
(n) Open air farmers markets.
(o) Restaurants over fifty seats.
(r) Self service storage warehouses. (Prior code § 9020.4; amended by Ord. No.
1687CCS § 6 (part), adopted 6/22/93; Ord. No. 1732CCS § 2, adopted 3/8/94; Ord. No.
1803CCS § 1, adopted 5/23/95; Ord. No. 1895 § 4, adopted 1/27/98)
(q) Short-term rental housing.
Section 9.04.08.26.040 Conditionally permitted uses.
The following uses may be permitted in the C6 District subject to the approval of a
Conditional Use Permit:
(a) Automobile dealerships in existence on October 1, 1996, provided that such
dealerships may not resume operations if converted to another use.
(b) Expansion of existing automobile dealerships indoor or outdoor area by more
than ten percent, or more than five thousand square feet, whichever is less.
(c) Auditoriums.
(d) Department stores over fifty thousand square feet.
(e) Homeless shelters with fifty-five beds or more.
(f) Hotels and motels.
(g) Nightclubs.
(i) Service stations.
(i) Short-term rental housing.
(i)(j) Take-out and fast-food restaurants.
(j)(k) Theaters. (Prior code § 9022.4; amended by Ord. No. 1687CCS § 8 (part),
adopted 6/22/93; Ord. No. 1803CCS § 2 (part), adopted 5/23/95; Ord. No. 1896CCS §
1, adopted 1/27/98)
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ATTACHMENT D
Appeal Statement
Electronic version of attachment is not available for review. Document is available for
review at the City Clerk’s Office and the Libraries.
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