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SR-030888-113OOco MAR 8 198 C ED CPD DKW JR COUNCIL MEETING March 8 1988 Santa Monica California TO Mayor and City Council FROM City staff SUBJECT Proposed Modifications to the Draft Zoning Ordinance to Provide for standards Regarding Shelters for the Homeless INTRODUCTION One of the issues that has arisen in review of the proposed Zoning ordinance is the lack of specific regulations governing emergency shelters To address this problem staff has developed additional recommendations to modify the Zoning Ordinance to permit emergency shelters in the certain zones primarily commercial zones in the city The approach is three tiered in that it would allow shelters by right in C3 C3 C C4 CS C6 CM CP and CC zones subject to performance standards in BCD C2 N and M1 zones and as conditionally permitted uses in R4 and RVC zones The proposed modifications would help reduce the time and costs of obtaining approval to establish a shelter This report analyzes the proposed Zoning Ordinance with respect to emergency shelters and presents recommendations for modifications to the Zoning Ordinance to accommodate shelters 1 1 MAR 8 1988 BACKGROUND The draft city of santa Monica Zoning Ordinance provides no definition of shelters for the homeless As a result shelters would be required to be inappropriately classified as residential care facilities boarding houses or hotels In most 2ones these uses require either compliance with Performance Standards appealable to the Planning Commission or a conditional Use Permit appealable to the City Council Both of these processes can take several months in contrast to shorter processing times for uses which can be administratively approved Furthermore projects requiring discretionary approval carry larger processing fees Since most shelter providers are public or non profit agencies that operate on limited budgets and are often subject to strict time constraints imposed by funding sources the discretionary review process in the city of Santa Monica can cripple shelter projects An additional problem is that residential care facilities boarding houses and hotels are subject to City parking requirements of at least 1 space per room This number of parking spaces is not necessary for a population that is not only homeless but in most cases carless The requirement to provide these parking spaces can be a onerous financial burden to shelter providers The California state Legislature recently passed a law requiring that cities identify in their housing elements potential sites for emergency shelters As the city of Santa Monica begins the 2 fifth year revision on the 1983 Housing Element it will be necessary to comply with this state law Revising the Zoning Ordinance to allow shelters is a positive step that the city can take to comply with this law In the summer of 1986 the city of Los Angeles passed two ordinances to allow emergency shelters in that City The two tiered approach of these ordinances allowed shelters by right in some zones and by Zoning Administrator approval in others The main considerations in developing this approach were preservation of neighborhood character and safety of shelter residents The two emergency shelter ordinances included the following key components 1 A definition of Shelter for the Homeless This definition was extracted from California state Emergency Shelter Guidelines and is widely used by public and private funding sources at the state and federal levels 2 A defini tion of Shel tar Provider based upon California State Emergency Shelter Program requirements 3 Heal th and safety standards for shelters based upon standards for shelters outlined in Title 25 California Administrative Code Part 1 Chapter F Subchapter 12 section 7972 4 A certification process to ensure compliance with Title 25 requirements 5 A definition of Shelter Provider based on State Emergency Shelter Guidelines 6 Specification of an application and appeal process 3 7 A cap on the number of beds allowed in each shelter This cap corresponded to the average shelter size in the city of Los Angeles at the time of the passage of the ordinance 8 parking requirements representing a 75 90 reduction in normal requirements The Los Angeles Emergency Shelter Ordinances attached as Exhibit A incorporated California State Emergency Shelter Program ESP definitions for Shelters for the Homeless and Shelter Providers because these definitions carried the authority and credibility of the single largest funding source for shelters in the State of California The Los Angeles ordinances prescribed a maximum number of beds as a way of promoting the decentralization of shelters throughout the city and discouraging wherehousing of the homeless Finally the ordinances prescribed parking requirements that were considered sufficient for shelter staff and the few residents who might own automobiles Our city s staff has reviewed the Los Angeles Emergency Shelter Ordinances and believes that they serve as a suitable model for the City of Santa Monica BUDGET FINANCIAL IMPACT The recommendations of this report would have no budget financial impact RECOMMENDATION staff respectfully recommends the following modifications to the draft Zoning ordinance in order to facilitate the establishment 4 of emergency shelters in the eity of Santa Monica 1 Modify section 9000 3 to include the following definition Shelter for the Homeless A residential facility operated by a provider other than a IIcommunity care facility as defined in California Health and Safety Code Section 1502 which provides temporary accommodations to homeless persons and or families and which meets the standards for shelters contained in Title 251 California Administrative Code Part 1 Chapter F Subchapter 12 section 7972 The term temporary accommodations means that a homeless person or family will be allowed to reside at the shelter for a time period not to exceed six 6 months For the purpose of this definition a provider shall mean a government agency or private non profit organization which provides or contracts with recognized community organizations to provide emergency or temporary shelter for the homeless and which meets the standards set forth in section 9050 14 m 2 Modify sections 9018 2 9019 2 9020 2 9021 2 9022 2 9023 2 9024 2 and 9025 2 to include shelters for the homeless as permitted uses in zones C3 C3 C C4 CS C6 CM CP and ee respectively 3 Modify sections 9016 3 9017 3 9033 3 9030 3 to include shelters for the homeless sUbject to performance standards in zones BCD C2 N M1 respectively 5 4 Modify section 9014 4 and 9015 4 to include shelters for the homeless as conditionally permitted uses in zones R4 and RVC respectively 5 Modify Subchapter 6 to include the following performance standards for emergency shelters Section 9050 14 Shelter for the Homeless The purpose of these standards is to ensure the development of shelters for the homeless do not adversely impact adjacent parcels or the surrounding neighborhood and shall be developed in a manner which protects the health safety and general welfare of the nearby residents and businesses while providing for the housing needs of a needy segment of the community The following performance standards shall apply to shelters for the homeless a Property Development Standards The shelter for the homeless shall conform to all property development standards of the zoning district in which it is located except as modified by these performance standards b Maximum Number of persons Beds The shelter for the homeless shall contain a maximum of 40 beds and shall serve no more than 40 homeless persons c Lighting Adequate external lighting shall be provided for security purposes The lighting shall be stationary directed away from adj acent properties and 6 public rights of way and of an intensity compatible with the neighborhood d Laundry Facilities The development shall provide laundry facilities adequate for the number of residents e Common Facilities The development may provide one or more of the following specific common facilities for the exclusive use of the residents 1 Central cooking and dining room s 2 Recreation room f security Parking facilities shall be designed to provide security for residents visitors and employees g Landscaping On site landscaping shall be installed and maintained pursuant to the standards outlined in Subchapter 5B h On Site Parking On site parking for homeless shelters shall be subject to requirements set forth in Section 9044 4 i Outdoor Activity For the purposes of noise abatement in residential districts outdoor activities may only be conducted between the hours of 8 00 A M to 10 00 P M j Concentration of Uses No more than one shelter for the homeless shall be permitted within a radius of 1 000 feet from another such shelter 7 k Refuse Homeless shelters shall provide a refuse storage area that is completely enclosed with masonry walls not less than five 5 feet high with a solid gated opening and that is large enough to accommodate a standard sized trash bin adequate for the parcel The refuse enclosure shall be accessible to refuse collection vehicles l Health and safety Standards The shelter for the homeless must comply with all standards set forth in Title 25 of the California Administrative Code Part l Chapter F Subchapter l2 Section 7972 m Shelter Provider The agency or organization operating the shelter shall comply with the following requirements 1 Temporary shelter shall be available to residents for no more than 60 days Extensions up to a total stay of 180 days may be provided if no alternative housing is available 2 Staff and services shall be provided to assist residents to obtain permanent shelter and income Such services shall be available at no cost to all residents of a provider s shelter or shelters 3 The provider shall not discriminate in any services provided 4 The provider shall not require participation by residents in any religious or philosophical ritual 8 service meeting or rite as a condition of eligibility of shelter section 9044 4 shall be modified to require the following number of parking spaces for shelters for the homeless one space per every ten beds but in no case fewer than two spaces Attachment Los Angeles Emergency Shelter Ordinances 161426 and 161427 Prepared by Paul Berlant Planning Director D Kenyon Webster Senior Planner Candida Rupp Housing Manager Rey Espana Interim Director CNS John Read Associate Planner w shelter 3 4 88 9 IlIbtilliIIr ztj 0Z0ljUlctr1tl5krjluLoFofIrnflngFiLuglfIInnIlrIn0fIillIIil I I I 1 r I1r i 6 r J n il IU ro l11JjiijiiflilrJ I L r m I g 1 I 1 1 4 11J C6 l q J lei 1 i 1 r 0 It J lrl 11 1 J I I I n I t 1 1 4J I r I C Ii I 1 1 1 1 1 111 II i e 1 J i II 1 H 1 1 d t l x e 1 i I I I r i I 1 I Ii l l I I II I I j I m I I r L I i I 1 1 l o I I I L I I 1 I J I I i II t I r r pJC c I v I n jq lJf 71 I i b I f 91 i l 1 1 t I I i I lr I I r IJ j Nf 1 I I 1 1 t IIdiJJt U i I1 i tit I J X J At LJ I rt I I I I 1 i l 11InlIII Cl s j I I J I I I I i f 1 z molO m J tI to r 0 0 0 t oNO C m I a J I or flhlauiIfIr p l z o G mtoal r 0 D t NO00ZC m 1zc01120Cenct100tJIil0ItfE ir c4pY JrnJi r r i 03QoJ7 C11 i 0 0 0 i 0c c 2 0 N 0 2 0 2 G N 20 2 J J 2 2 G 0 J 3 0 0 2 a Q n 00 JID 00c g ID 0 CT 0 g VI n r 0 CT 11 J il i l f J J 1 1 t L lrc irJ rrt 0 J l k j V J40 1 c1tf 7 1i ei i O i l z 1 n o a rn n n J 1 j 1 t 11 CPJjoTrcD 10Tcojo1jorccn 0 ITl ltl V1 CI lD 0 N tJ 0 T U1 0 tl 0 IC ltl J CD 0 VI U1 T W 0 10 0 J D Ul U1 CD 0 V1 tJ c 0 0 c N I ltI tJ III t 3 0 0 T CD CD Q t III 0 r CD N lQ TI r c 0 y ttiI1 r r C 1 o 2 o 2 T1 a lTJ j tA i t Ji J 1 fJ lIJr Jt 0 T 1 ro 1 1 r r 4 t 1t1 0 f J U1 f04 0 j it c iU1 10 U1 i p J VI n 0 N c l J VI I t III 0 3 en l c10ct ID ID III c a0tTJtII N 1 talQ t r tt c QI 0 J 0 to c 4 1 1 1I i j i f i ft m r or jnie l r 0 It tr J 2 iI 3 0 1 Z j n r c l i i t j j J Dexj IDrenNO5VlCtjOM5TInwo DVIVl50VlC0Mt 0 Ort o t 5 I 01 TI TI n VI z Vl 0 0 rt CO 0 0 0 5 cn t n TJTI VI 01 D oI c w Vl cn c w 0 5 TI 0 n c VI Vl 01 0 5 n Vl lO TI c tl c 5 t I 0 J D cn U1 f i rt c 1 Z 1 o 4 Z to 4 o c I N Vl3 0 5 CD a ft VI c ftl NtO T TI oC a j c 1 1 i 3tJl oo o eSsire rcsel1hiser I I March 4 1988 Santa Monlca City Council 1685 Main Street Santa Monica CA 90401 RE Mountain View Mobile Inn Dear Council Members On Tuesday evening March 1 1988 I had the distinct pleasure of speaking to you 1n an open forum on the pend1ng zoning ord1nance for the C1ty of Santa Monica Although my time allotted was brief I am thankful that I had the chance to express my concerns as well as those of the park owner of Mounta1n V1ew Ramona Treff1nger In a contlnu1ng effort to express our grave concerns regarding any further zon1ng changes which adversely effect the aforementioned property I would llke to relterate some points which need to be weighed when mak1ng your f1nal determlnatlon on zon1ng for this area In 1984 the then exist1ng zon1ng of M 1 which allowed for a tra1ler park such as Mountain View to exist was slated to be changed to a zon1n9 of C 5 Special Offlce District with some qual1fying wording which made it poss1ble for a trailer park to cont nue to exist The action by the planning commission with the C ty Council1s blessing was as a direct result of a majority of the park res1dents paying a personal ViS1t to the city council chambers on behalf of Mrs Treffinger Although the zoning on Mountain View was to have been changed to Ile 5 the pro perty still reflects an M 1 zoning Apparently this is due to the fact that no finalization of zoning recommendations has been adopted yet Here we are in 1988 some three 3 years after the last major discussion on this issue and the zoning of Mountain View as well as other businesses in Santa Monica 1S still up 1n the air Santa Mon1canls for Renters Rights have put together a formal proposal recommending certain zoning changes in Santa Monica which in their opinion would tend to preserve and protect Santa Monica so that it would be recognizable in the year 2000 Mountain View Mobile Inn is considered in their proposal w1th the follow1ng recom mendation M parcels south of Olympic Boulevard and west of Stewart Street con taining a trailer park Stewart Street Park and city property should retain current f1W designations and not be included in the Special Off1ce District 725 Brea Canyon Road Suite 6 Walnut Calltomla 91789 714 5940501 t Mountain View Mobile IeMarch41988 Page Two Also at this time a small percentage of park res1dents supposedly represented on a petltlon submitted to the councll on March 1 1988 have asked that for thelr protection a zoning identified as RT resldential trailer park be placed on Mountain Vlew to guarantee park res1dents a place to live for ever and ever The park owner s concern is that should Mountaln View Trailer Park be down zoned to such a degree that itl5 only allowable land use is as a trailer park it1s land value would be greatly diminished Such a diminution 1n value might make Mountain Vlew a very attractive acquisltlon for the Clty of Santa Monica for use as an expansion to the Stewart Street Park or expansion to the city yard or even as a potentlal off ramp for the Santa Monlca freeway Certainly this is not a novel idea In 1964 the Santa Monlca Recreatlon Commission considered condemning the park so that a nine hole par 3 golf course might be built In 1972 the city considered acquis1tion of Mountain Vlew through condemnation so that Memorial Park could be expanded So to suggest that a radical down zoning of Mountaln View Mobile Inn will afford the park residents some increased security which they don t have now is totally absurd Retaining of the existlng C 5 Special Office District zoning protects the park reSldents of Mountain View from speculative condemnation by the City of Santa Monica or any other authoritative entity due to the then prOhibitive purchase prlce placed on the property Additionally this zoning coupled wlth the stringent requirements of the City of Santa Monica Rent Control Ordinance protects residents in Mountain View from the park owner blindly pulling these rental units out of the market place In fact Mrs Treffinger has on numerous occasions both publicly and on an indivl dual basis with park residents expressed that Mountain View Mobile Inn would be kept open as long as it was economically and functionally practical to do so If at some point in time the cost to maintain this facility and the functional obsolescence brought about by the age of the park now in excess of forty 40 years far outweighed the benefit to the park residents and to the community then closure of the park would have to be considered I urge you to carefully conSlder any further changes to the existing zoning of Mountain View Mobile Inn Sincerely fa Richard P Elias Property Manager RPE te cc Ramona Treffinger 3ol d f llhodes filaloney Hart Nullen Jak Ie rfJ Harding A PROFESSIOCORPORATION ATTORNEYS AT l AW T IRO n OOR 919 S NTMONICA Bou Ev RO POST OFFICE BOX 069 Sana foRwa Call1brma 0040j OtlgItPWAROWRtIOOES J wILLlAALONEY CHARLES R HART JR OENN S M MULLEN JOHN B JAKLE CttRI TOPttER HARDING KEITH A LOVENOOSKY GREGORY J KttO JGAZ MARK GARR ETT KENNETH L KUTCttER 213 393 0 74 395 950 CITf OF COMMERCE Los t1ngeles Calliorma 211o 723 631l 722 10662 October 10 1984 REFLY TO Santa Monica OURF ILENO T6037 1 Santa Monica City Council 1685 Ma n Street Santa Monica CA 9040l RE Land Use and Circulation Elements LUCE Policy 1 8 4 Dear Counc lmembers On October 8 1984 the Planning Commission voted 5 0 in favor of a recommendation to revise Policy 1 8 4 concern1ng tra1ler parks in the special office distr1ct The revised policy provides Preserve the existing trailer parks in the special office district to the extent feasible and perrn1t the1r recycling to other upes cons1stent with the development standards height density and use and urban design standards fo the district and n compliance with the City s Rent Control Charter Amendment and applicable sect10ns of the Californ a Government Code related to recycling of mobile home parks II The Planning Comm ss on supported th s revision of Policy 1 8 4 at the request of Mrs Treffinger whose family has owned the Mountain V ew Trailer Park on Stewart Street for 38 years and virtually all of the residents of the park This recommendation was subm tted to the Planning Commission by the Director of P1annlng In his October 5 1984 memorandum I would urge the City council to include this revised version of Policy 1 8 4 in the f nal LUCE to insure fair treatment of Mrs Treffinger and the res dents of the Mounta n View Tra1ler Park CMH mee cc Ramona Treff1nger Sincerely 1 o CHRISTOPHER M HARDING J u1 sfPfrr Council aJopts e SM compromise JThe Santa MoDIca CUy Couacu mISsIon Instead adopted tbebasapprvvedDewcurbs08bustlanguageproposedbytheplanmngnesleSlhatleUalcoholicbeveragespanelandalsoulUlnimousJyurgedGelleraJ15another13SuethecouncllcomlTelephODfJCotoretaiDilheacJpUedWIththeW1Sbesofthe100re51quarteniDtbeCityseesCOriespagedentsoftheMountamViewTraJelA5ParkonStewartStreetwhoturned By ANNE MORGENTHAL 1t out to support the parll owner EveDiDg Outlook Scaff Writer Ramona Treffmger in requesting hIThesuspenseoverthescopeandtheparkpropertyberezonedfora scale of future development 10 Santa specW office dlstnct The planMOnicaISoverearhercalledforkeepmgtheparkm The City Councll Tuesday IUght a traIler park wnerunanunouslyadoptedacomprorroseMrsTreflmger 15 an exceJIentlanduseplanthatreducesthelandlordandherpropertyshouldnot amount of construcl1on that WIll be be downzoned lor u u er park use allOWed m the City hut still passes said tenant Ed Ramhler I muster WIth the bUSiness commwu Edwards assured the tenants the ty property would be put mto tht The new development bluepnnt spectaI nIliee hetter reflects the mterests of This may he the first tune thatIclhzensofSantaMonicathanthe26renterscometotellUlbowmuch yearold plan It replaces Mayor I they love their landloni said Coun JKenEdwardsscudafterthevotewasc1lmanD1EQtemrtakenItsheenalongprocessthaiTnecouncualSOinstructedthe j mvolved a large segment of the com city attorney to draft an mtenm I munfty mcludmg the Chamber oC development ordinance that Will be Commerce and the CIty staff m effect unW zonmg ordmances car Before takmg a fmal vote the rymg out the mtent of the land use council handled two last mmute hot plan are enacted The mterim spots In the land use document measure Will allow certain projectsSantaMomcaMallbuschoolofthatmeetthenewlandusegwdeflcIalsrequestedtheplanbPalteredhnestobeexemptfromPlannmgtoaccommodateaposSIbleaSIXConmusslonrevIew story SQOroom hotel on the Founh Exempted projects include smgleStreetpropertyonwJuchthedtstnc1famllyandmwtHesldentlalbUIld admmlstratJVe bwldmg SJts The d1s mgs that meet the Housmg Element trIct plans to lease that site and two C11tena tor affordable housmg addl other surplus scl1oo1 properties for tlons to non residential projects of developmnent less tltan 10 000 square feet and new The dlstnct needs to proceed commercial constructIon of less rapidly with all three properties and than 15 000 square feet a more hberal heIght allowance may The new development bluepnnt help resolve the Issue aJld gIve the sets a low nse profile for most of the dJstrJct needed revenues Said al5 cIty s commerCIal comdors restnc tnct consultant Joel K1rschenstem tmg bwJdmgs to the twoto fourThefmalversionrecommendedstoryrange by the Planmng Comnusslon called Larger scale developments up for a four story height hlll1t and any to SiX stones or 84 leet will be other development denSItIes would pemutted m areas where freewayhedetermInedhraSpecIfICplanforaccessWIllreducethetraffiCImpacttheCIVICCenterareaeastofFourthonreSidentialstreets Planmng DIrector Paul Silvern CIty OffICIals hope tlJe new de proposed the plan be altered to allow velopment standards WIll end the the dlstnct to bu1ld up to SIX stones uneertaulty that has clouded de but City Attorney Robert Myers saId velopment smce the lIberal CaythechangewouldrequIresend1OgtheCaUDelltookoffIceIn1981After plan back to the Planmng Com llllposmg a freeze on all develop1miSSionforcommentmentthecouncIlenactedInterim Council members unwIllmg to re turn the document to the corn See LAND USE page A6 1 J IWwdJd0OJurIJ0 OJIV ri f 0 N7J1 r E C E bHIiHiH ig5g35aa gc2iLieloQCDcco5oJeOl bsOIuflellltlQ3I110Vicl5cQIjlccceOCjlCgJJr05CItenetSui02EUttDellElll2tSaI110tE8tglIlclgti2tlQCLJIIlCQ32CISl5eUCLIellIIII0aellttIllUQJU11clJIi55ElsiicscbSc7iigzEoge I In I CLI o Ii l oi8 c Q l 8 s i2 a 5 a ot l tll 9 CIt II CLJ CLI bQ QI toG Cl 2 CLI 2 JE Q ell f 3 1 Po C CLI a J on Q J g iii e 5 c 3 goO oS lJ u 3 e o z s 2 S e s J iJ u E oS t z S g c t 0 lI t ffs QJ C Cl UIlIt 41 C ll lP r xc41 8 QI COQlC A VCLlmCLI en c enlll lle u lII CLlCLID 3llIIl OO ll 0 s O cUlI I I 5 1 c 5l OO Ul OS gg 3 3 iz s iiiiii L I L LLt 1 JvllIIliziouIIIIui t Do t f s g 15 o q I c 5 c oE L141 c I r 0 1 C III c 41 j 41 c Cl lP e 41 a c co eo c o E Cl a XENAN l ezoniJig roi ti R tire4CfatlDuecIfromFlntPi I the Baker case in w landlords ve ldnS U8PerhapsmorethanresponsjveTheliberalnuijontymentallOWIngthemtooutofbusfneuilf on the council backed off from Its tated commitment to I will retain the de home park Witll Cimiae down zone rental housing areaa to protect resIdents Cin 10 20yean an811yh Jong shesatd from future commercial and manufacturing develop Trellinger said Do thteatlJo the pro menL 1 1 pasthaveCOlUetflO yHal1 noUromh r iI In the mobile home case the councUmajorlty was sel I Four Ume8 2 vaU8 susgestioDl rom the to adopt a recommendation from a citizelUl teak torce on Iclty have been ad coo tojOndemn the proPtrty fO zonmg that the S acre park which llloned tor manu 0 olf course ora II j tfactunngusesberezonedforaparunentuse1Theonlythiniatpntedthecitylr9mtakingIiTheobjectiveofrezoningwastoremovethefinancialoverwasthefbui1rlBlandzonedforanulacturIncenUvetosellthepropertyrorIh1gheruaeZonmg1nBshesaidVlfithidbeenzonedrWdenualthepeelahstsestimaledthatpropertyzonedmanufacturpropertywou1dwortbnothingandthUlnpeforcontngcouldbeworthasmuchas10timesyhatthesamedemnaUonbythecitytlandwalworthJnareldentJalzoneWtTenantspayanaverage011131amonthfortheir fAD AbJUf1 to RallyT afa 1 spaces truty affordable h ng Tnfmger called It The assumption was that the tenants would snap up JIL 1 this chance for additional protection of the lite as a mobllehomeparkbutneitherthetasklorcenorthema 10nty on the council perceived TreCtinger s ability to rally tenants to her point otvlew rCouncllmanDennisZanewholed the council retreat on the rezoning admitted as much in an interview out Ide the counCil chambers where Trafftnger tenants were massed to fight the rezoning 1 They tenants have a landlord who 11 very good to them he Bald even to the point or sharing tax reductionsresultingfrompassageoCProposition13 I happen to think the rezoning would have giventhemadditionalprotectionagaInstfutureusesButtheyteethattheywiUbemoresecureleaVIngtheproperlyillItillzonedandIwantthemtoleelsecure I Zane added that the city s rent control law which makes It diffIcult for landlords to remove hoUllJnS units from the market is sufficiently powerful to prevent anyunreasonableoustingofthetenants Although Treffinger haa told tenants Ilhe will maln tam the mobile home park as long as it Ia financlaUy feasiblethereIInothingtostopherfromconvertingthepropertyintoIluseconsistentwiththemanufacturingzoneinwhichItIslocated I The Rent Control Board could slOp any such c onversianasatnowbutthiscouidchangeInthenextroundof I f to L i L j r lo i tt Ji X 1 wA en Q ot3o eJitOJ8CleSl5saiE300qZ t g oo E w OJ QcS0OLlLEletIlj5tSu00111Q1am3satiSrfg1i5C11ooigjlIIcaIlQssgSLlS5SeOQcOIlsQtIlIl00iuua5m8Evoyr0SOQ8u01Ill0cutjlltISJQVJcIQC03rilJEC00Jb9lIIIliSajs011lZasCotlIllCOUIi0010liOcr20611cfooOlIli51SoILicQJavilCcc1tG8tnuUt0tIiCoaIQJi0illx1lIcsCs01J1U4ltoowZlU1Bg8oYtCtCrn301IeU1li80aE0fe5sSsttIciiisoSE III l lI c E c 4 s 0 4 o w 0 a o 3 E EII CI s Q0U3jiOctllitiiigtieiilcoES5lo1u3 00 l Glc e c co l I 4i E tU01l6to9Q8a81lfasoJscueGl2lluCE2Glll U r J Lf 8 2 a g ol 11 5S t r Oi JeIr0fG 1 wr t c s tJ CIJoEEIlS888lEOJst tQ g K oo U 6 11I g 14 g Jr C IiJ u Q c CI U h a l 0 cJ o Ct O etl Qi 1G ctlu51tC2 U s C ta D cC lo OJ C E II r 0 l Q s c I JwLlHE2ri I a z t uii J g I I l otI 8 a 0 E a S 5 t Z i I i ili g i E Ee r t t u v S C c Ot u t t 1 r010EEtI5 0 C tS E EoI ClI 28ii t c c t oS 1 eZ c e G u co 1J1ES2 i 1 c Sf t y8lIettag5ccQ 1IUatIIClt l 0 c L tJ oJ I I c tsC9ii121iii1ftiEltf j aZQ2iEclEiJJsczt A 1 Q l ii4 r ra e r l t Q s G cli CLJ J 0 U e 0 1 L r c L t Jw C Q Ii Y l S E c 0 it F Ej li a ci iL l 1 o N J f i E C 0 i 1 A f l i E e t II C li l J j g lI i a 0 i tT 0 1 f I 0 a 2 c 13 1 i 1 i 1 E i 2 Co c I z J 0 e i 5 J i 3 1 t r 16 c II r t Co WI It z t i t E ACsstc i 1t0usCtoti 0 c we c t c S 0 c 0 c c So a E C t 2 S h 5 z J iW e c c c t s t tiicc ill o en OJ OJ I o C x ii I r 1 v1 I i en IJI3 Joe I oJ C o j00 i o CIIX cu V CU ut o U I I 3p oo o CHAPTER 5 Ra10VAL PERt HTS 5000 Scope of Regulations Any person seeki ng a removal permi t mus t f lIe an applIca tl on under thIS chapter In such a proceeding the person seekIng the removal permIt shall have the burden of proof Subchapter A Procedures 5001 pbligatlon To File Any person who seeks a removal permit must fIle an applIcatIon for a permit and obtain approval under thIS chapter 5002 ApplIcation Forms Application forms shall be approved by the Board Any person seeking a removal permit under thIS chapter must do so on the form approved by the Board An applIcatIon for a removal permit shall be filed only after the claimant has provided all the information called for by the form 5003 Determination As soon as practicable after the filIng of an application and in no event later than 120 days from the date of fIling the Board shall hold a hearing as hereinafter provided to determine whether to grant or deny the applIcation for a removal permit 5004 NotIce of Hearing At least ten days prior to the hearing notice shall be mailed to claimant and to any residents of the property for which the appl ica t ion for a removal permi tis sought of the da t e and time of the hearing The appl icant shall pas t not Ice of the hearing on the property at least five days prior to the hearing The notice shall be prOVided on a form approved by the Board 5004A Continuances Continuances for any hearing conducted under this chapter shall be granted only for good cause by a majorIty of the Board or by the Administrator Requests for continuances shall be made as soon as poss i ble A wri t ten reque stand the reasons f or It must be received by the Board at least 72 hours prior to the 1 0008P 1 4 84 scheduled hearing unless good cause is shown for a later request The written request must contain acceptable alternative dates and an explanatIon of what efforts were made to ascertain the posItIon of the other partIes regardIng the request for a continuance Copies of this wrItten request must be sent immediately to all other parties and proof of such service must accompany the written request filed wIth the Board 5004A Added 7 17 82 Effective 7 28 82 5005 Staff Report At least ten days prior to the hearing a staff report shall be prepared on the application for a removal permi 1 The staff report shall contain a written recommendation as to whether to grant or deny the application for a removal permit and all pertInent facts upon which the recommendation is based The staff report appl1cation and other supportIng documents 111 be avaIlable for publIC inspectIon and copying at the offIce of the Board 5006 Conduct of Hearins The Board s public hearIng on an application for a removal permI t shall be conducted in a manner deemed most SUI table to ensure fundamental fairness to all parties concerned and wIth a view toward securing all relevant informatIon and materIal necessary to render a decIsion wIthout unnecessary delay 5007 Evidence Rules The hearing need not be conducted accordIng to technIcal rules of evidence and witnesses Any relevant evidence shall be considered if it is the sort of evidence on which re spans 1 bl e persons are accustomed to rely in the conduct of serious affairs regardless of the existence of any common law or statutory rule which might make improper the admIssion of such eVIdence over objection in civil actions Unduly repetitious or irrelevant evidence shall be excluded upon order by the Chairperson 5008 Order of Proceedin s a The Board s public hearing on an application for a removal permit shall ordinarily proceed in the fOllowIng order l Staff Report 2 Presentation by or on behalf of applIcant If the applicant wishes to expand upon materIal contained in the application for a removal permit 3 Other speakers for the applIcatIon 4 Speakers against the applIcatIon 2 0008P 1 4 84 5 Rebuttal by the applicant 6 Motion to close the public hearIng or to contInue it to a subsequent meeting b Questions by CommIssioners will be 1n order at any tllne following a speaker s presentation 5009 Spea r s Presentation Each speakerls presentation shall be to the point and shall be as brief as possible vIsual and other materials may be used as a p pro p riat e Th e Boa rd may e s 1 a b 1i s h rea son ab 1 e ti m e 11 m 1 ts for presentations which time limits will be made known pnor to any hearing The Board encourages any 1nterested person to submit written evidence and communlcation prior to the date of the hearIng 5010 Board Action If the Board finds that the app11cation for a removal permIt 1S substantiated 1t shall grant the application Three aff1rmat1ve votes are necessary to grant the applicatIon for a removal permi t In the event tha t three af f i rroa tl ve votes to grant the applicatIon for a removal permI t are not obtaIned the application shall be denled 5011 Findi ngs All decisIons of the Board shall be supported by wrItten findings If the Board adopts the staff recommendation the staff recommendation shall constitute the findings of the Board unless the Board de termine s otherwi se If the Board re J ec t5 the staff recommendation the Board may adopt its findIngs at the next subsequent meeting of the Board Subchapter B Standards For Decision 5012 Basic Standards The Board may issue a permit to remove a controlled rental unIt from the rental housing market in any of four categories a Category A The Board shall grant a removal permit if it finds that the landlord is unable to collect the current Maximum Allowable Rent MAR on the unit b Category B Th e Boa rd s haIl g rant are m 0 va 1 per m i t i f 1 t fin d s that the current 1AR for the unit does not pro lde a faIr 3 0008P 1 4 84 return and that the landlord cannot rent the unIt at that rent necessary to provide the landlord with a falr return c Category C The Board shall grant a removal permit if it finds that the controlled rental unit is unlnhabltable and cannot be made habitable in an economically feaslble manner Cd Category D The Board may grant a removal permi t if the pennl t 15 being sought so tha t the property may be deve loped wi th mUltifamily rental dwelling units and the permit applIcant agrees as a condition of approval that the units wIll not be exempt from the provisions of Santa Monica CIty Charter SI801 c and that at least fifteen percent of the controlled rental unIts to be built WIll be at rents affordable by persons of low incomes by deed restrIctIon e Multiple Unit Rental Structures The Board shall grant a Category A B or C removal permIt wi th respect to a rental uni t if 1 t finds that the MAR s of individual units which the landlord owns on the same property cannot be adjusted so as to enable the landlord to collect an overall fair return and further fInds that the landlord has otherWIse complIed wlth these regulatIons 501 Remova 1 A removal permit is required under this chapter If the landlord seeks to remove the controlled rental unl t from the housIng market by demolition conversion or other means A removal permit is not required in order to have a controlled rental unit remain vacant provided that during the period of vacancythelandlorddoesnotusethecontrolledrentalunitforany purpose e g office space storage etc A controlled rental unit that remains vacant does not lose its character as a controlled rental uni t because of the vacancy A landlord may not apply for a removal perrni t because of vandalism to a controlled rental unit during the period of its vacancy 5014 Standards for Category Al Br and C Permits a Category A A landlord shall be enti tIed to a removal permI t for a controlled rental uni t if the landlord proves that the landlord is unable to collect the current 1aximum Allowable Rent MAR for the unit e 1 The Board shall not g rant any remova I perml t uncle r this subsection unless the landlord proves that the landlord 4 OOOSP 1 4 84 A Has listed the unit for which the landlord seeks a removal permi t wi th the Board at the time of filing an applicatIon for a removal permit and maIntains such lIsting to the date of the hearing on the removal applIcatIon It shall be the landlord s affIrmatIve and continuing obligatIon durIng saId perIod to notify the Board of any changes In the vacancy or occupancy of the unit and B Has undertaken reasonable efforts to rent the unIt at the MAR for the perIod specIfIed In subsection a I A above Reasonable efforts may include but are not necessarily limited to postIng rental notIces on the property advertIsIng in newspapers postIng notices on bulletln boards lIstIng of rentals wIth realtors and C Has not refused any bona fIde offer to rent the unit at the MAR 2 The Board shall prospective tenants units consisting of subsection a l A maintain for InSpeCtlor by a list of avaIlable rental units listed as set forth In above 3 If a landlord has complied with subsectlon a 1 above it shall be presumed that the landlord IS unable to collect the current MAR for a unIt ThIS presumption is a rebuttable presumption and affects the burden of producing eVIdence as defIned in S604 of the California Evidence Code b Category B A landlord shall be enti tIed to a removal permi t for a controlled rental uni t If the landlord proves that the current MAR for the uni t does not provIde a fai r return and that the landlord cannot rent the uni t at that rent necessary to provide the landlord with a fair return 1 The landlord shall concurrent with the application for a removal permit under this subsection file a peti tion for rent increase The Board shall refer the petition for rent increase to a hearIng examiner for hearing and a recommended decision 2 Upon receipt of the recommended decision regardIng the petition for rent increase the Board shall review the recommenda ti on of the hearIng examlne r and determi ne the 1 nc reased MAR if any to wh 1 ch the landlord is entitled In order to provide the 5 0008P 1 4 84 landlord with a fair return Concurrently the Board shall hold a hearing on the landlord s application for removal At such hearing the landlord must prove the maXImum collectlble rent for the unit If the landlord thereby proves that the MAR which would give the landlord a fair return is not collectible the Board shall grant the application for removal permit Whether the Board grants or denies an application for a removal it shall make a findings as to the maximum collectible rent for the unit c Ca tegory C A landlord shall be entitled to a removal permit for a controlled rental unit WhICh the landlord proves is uninhabi table and cannot be made habl table in an economically feasible manner 1 It shall be consIdered economIcally unfeasIble to make a controlled rental unIt habitable If the costs of the improvements necessary to make the unIt habitable amortlzed over the useful l1fe of the improvements I would requi re that the rent for the controlled rental unIt be at a level In excess Ioftherent that the landlord reasonably could be expected to collect for the unit In determinIng economic feasibIlity the Board shall not consIder the costs of makIng those repai rs or improvements necessi tated by a landlord t s conduct as descrl bed in subsectIon e below l A l ental unit is not uninhabitable merely because of the exi s tence of hous ing code viola tl ons The housing code violatlons must be of such a nature as to cause a serious threat to the contlnued health safety and well beIng of the occupants Cd When a landlord seeks to remove a rental unIt the landlord must also prove that the MAR I s of indi vIdual uni ts WhICh the landlord also owns on the same property cannot be adjusted so as to enable the landlord to collect an overall fair return Upon such proof and provided the landlord has otherwise complied wlth these regulationst the landlord shall be enti tIed to a removal perml t The Board shall have the authority to adjust rents on the property so as to enable the landlord to collect an overall fair return ee A landlord shall not be entitled to a removal permIt for a unit if the landlord is unable to collect the MAR 1 As a result of the landlordls failure to maIntaIn the unltt or the property of which the unlt IS a part in good repair 6 OOOBP 1 4 84 2 As a result of an action intended to render a rental unit unmarketable as rental houslng or otherwise incapable of earnlng a fair return 5015 S5015 is repealed and the sectlon number 1S reserved for future use 5016 Standards For Category D Permits a A Category D removal permi t wi 11 only be granted if the site on which the cont rolled ren tal unI t 5 sought to be removed will be developed wIth multifamily rental unIts tha t wi 11 not be exempt from the proy 1 S ions of Art Icle XVIII of the Santa Monica City Charter pursuant to H80l c b A Category D removal permit will only be granted if at least 15 percent of the rental units to be bUIlt on sIte on which the controlled rental units sought to be re oved will be rented to low income persons at rents that they can afford c As a condItlon of approvlng a Category Q removal permlt the Board shall requIre that the appllcant enter Into an agreement with the Board that WIll l Provlde tha t the appl i can t ag rees that the rent a 1 units to be bUl1t on the site will be subJect to the provisIons of Article XVIII of t e Santa Monlca City Charter and not be exempt pursuant to S180l c 2 Provide that the appllcant shall record a Declaration of Restnctions deed restrictions and such other covenants and cond I t Ions as the Board deems necessary to ensure tha t 15 percent of the units will be continuously rented to low incone persons at rents that they can afford 3 Provide that construction of the new rental units shall commence within 180 days of the date of demolition of the rental units for which the removal permit is granted 4 ProvIde that existing tenants WIll have a right of first refusal for the new rental units 5 Provide that the new rental units will be of com parable size including number of bedrooms and offer comparable amenitles to the unlts removed from the site d In determIning whether to grant a Category D removal permit the Board will consIder the overall Impact on the 7 0008P 1 4 84 5017 a b c Cd OOOHP rental housing market that wIll result from granting the removal permit and the Impact of the removal on the existing tenants The Board will not approve a Category D removal permIt that results in a net decrease of the number of rental units on the Site and the number of rental units on the site that are affordable to la and moderate income persons Subchapter C Removal of Three Units or Less Owner Occupied Structures Removal of Three Unit or Less Owner OccupIed Structures No rental unit for which an owner occupancy exemption under Santa fonica City Charter 5180l c 4 is claimed or has been granted shall be removed from the rental housIng market by demoli tion conversion or other means I unless the Board determInes that the owner IS occupying the property in good faith and not for the predomInant purpose of obtaining an exemptIon In order to rer lOve the rental unit from the rental housing market Any owner who seeks a determination of exemptIon for purposes of removIng the rental unIt from the rental housing market shall file an Appl1cation for Letter of Exemption for Purposes of Removal on a form approved by the Board The Board shall process the applIcatIon WIthIn sixty 60 days of its proper filIng in accordance WIth the hearing procedure set forth In SectIons 5001 through 5011 If the Board determines that the owner has occupIed the property in good faith and not for the predominant purpose of obtaining an exemption in order to remove the rental unit from the rental housing market the Board shall Issue to the owner a Letter of Exemption for Purposes of Removal and the owner shall not be requI red to ob ta 1 n a Category A B C or D removal permit The letter of exempt on shall be vali d for a period of 180 days after which it will expire and a new application must be processed The letter of exeMption may not be assIgned or otherwise transferred The 180 day period of valIdIty for any letter of exemption granted pursuant to thlS sectIon shall be tolled by the number of days by whlch the City s Emergency Bui lding Mora tori urn Ordi nance Numbers 1205 and 1207 ccs effective from April 22 1981 through October 1 1981 overlaps such period In determining whether the owner is occupying the property in good faith and not for the predomlnant purpose of obtaining an exemptIon in order to remove the rental unIt from the rental hallS ing market the Board sha 11 cons I de r all relevant factors lncluding 8 1 4 84 1 The length of occupancy 2 Whether the owner is malntainlng a resIdence at another locatlon The date the property wa 5 acqul red t and the re a 5 on the property was acquired It shall be presumed that the o mer who has not occupIed the property for at least one year immedlately prior to the date of filing the Application is not a good faIth owner occupier e This section shall not apply to any person who currrent1y has a va lid demo 1 it ion permi t 1 ssued pn or to December 26 1979 5018 Standards for Decision for Removal Permlt ApplIcatIons Pending With the Board as of August 12 1982 With respect to any removal permit application on fIle wIth the Board and pending final decIsion as of August 12 1982 t lC applIcant may at his or her option proceed under either Chapter5asitexistedpriortoAugust121982orunderCategoryB Category C or Category D of Chapter 5 as amended on August 12 1982 Any applicant for a removal permit desiring to proceed under Category A of amended Chapter 5 must flle a ne removal permit application with the Board 55018 Adopted 8 26 82 EffectIve 9 3 82 5200 Administrative Dismissal of Application for Rerloval Permi t a The Board shall dlsmiss an application for removal permltandshallnotscheduleahearingorgrantaremovalpermlt in any of the following circumstances 1 Where the property in question is not properly registered wi th the Board as specifled in RegUlation H3002 2 Where registration fees or penalty fees are due and owing 3 Where the application completed or 4 Where the application is for a Category B permlt and the petition for rent increase filed lth the application is dlsmlssed under S4200 of these regulations submitted has not been 9 0008P 1 4 84 b Prior to dismissal of an applIcation for removal permIt Rent Control staff shall mall to the applicant a wrItten notice of intention to dismiss stating the applicable reasons for such dismissal The applIcant shall have thIrty 30 days from the date of maIling of the notice to cure the defects in the application pnor to dismissal Rent Control staff shall be available to any applicant who needs assistance in amending an application dUrIng tha t thirty 30 day period If an applicant amends an applIcation follOWIng receipt of a notice of intention to dismIss the 120 days for the final Board decision specified in Regulation 5003 shall be tolled for the period from the day of the notice of intention to dismiss to the date when an amended petItIonisacceptedforfilIngorforthIrty30dayswhichever is shorter c Any of the follow i ng per s on s may m ak e an ad m 1 n I s trat 1 ve determination to dismIss an applIcatIon for removal permIt 1 A majority of the Rent Control CommIssIoners 2 The Administrator or 3 The Senior Attorney d A copy of a notIce of admInIstratIve determinatIon to dismiss an applicatIon for removal permit contaIning the applicable reasons for dIsmIssal shall be mailed tC the partles within 30 days of the date of fIllng the application e The applicant may appeal dIsmissal of an applIcation bytheAdministratorortheSeniorAttorneytotheBoard within 10 days of the date of dismissal However If the board grants the appeal the 120 days for fInal Board decision specified in Regulation S5003 shall be tolled for the period from the date of di smlssal to the da te the Board grants the appeal or for 30 days whichever 15 shorter 5200 Adopted 4 23 83 Effective 5 15 83 5200 Amended 10 27 83 Effective 11 5 83 Adopted 8 12 82 10 OOORP 1 4 84