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
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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
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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
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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
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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