sr-021412-7aCity or
Santa Monica
To: Mayor and City Council
City Council Report
City Council Meeting: February 14, 2012
Agenda Item: 7—A
From: David Martin, Director of Planning and Community Development
Subject: Introduction and first reading of an ordinance to allow additions to legal,
nonconforming rent controlled multi - family units located in the R1 Single
Family Residential District.
Recommended Action
Staff recommends that the City Council introduce for first reading an ordinance which
would allow additions to a unit or units within a legal, nonconforming rent controlled
multi - family property located in the R1 Single Family Residential District.
Executive Summary
On November 2, 2011, the Planning Commission directed staff to prepare a Resolution
of Intention to initiate a Zoning Ordinance amendment to permit additions to a unit or
units within a legal, nonconforming rent controlled multi - family property in the R1 district.
On November 16. 2011 the Commission adopted a Resolution of Intention to consider a
modification to Subchapter 9.04.18 of the Zoning Ordinance to permit such additions.
On December 14 2011 the Planning Commission voted 6 to 0 to recommend that the
City Council amend the Zoning Ordinance to allow such additions.
Background
The owner of a legal, nonconforming four unit property in the R1 Single Family
Residential District located at 723 Euclid Street addressed the Planning Commission at
the October 19, 2011 Planning Commission meeting regarding the Zoning Ordinance
prohibiting her from expanding her unit to accommodate a growing family. Staff advised
the Commission that a multi - family use in a single family district is a legal,
nonconforming use of land if properly permitted. Since the Zoning Ordinance prohibits a
nonconforming use of land from expanding in area, any addition to the property at 723
Euclid Street could not be authorized without prior amendment to the Zoning Ordinance.
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In response, on November 2, 2011 the Commissioners directed staff to prepare a
Resolution of Intention to initiate a Zoning Ordinance amendment to permit additions to
a unit or units within a legal, non - conforming rent controlled multi - family property in the
R1 district. The Commission's discussion focused on the limited applicability of the
potential ordinance amendment as well as its potential to preserve affordable housing
options and protect the existing scale and character of neighborhoods. On November
16, 2011, the Commission adopted a Resolution of Intention to initiate a Zoning
Ordinance amendment to modify Subchapter 9.04.18, Nonconforming Buildings and
Uses. The Planning Commission considered the proposed amendment at its meeting on
December 14, 2011 and voted unanimously 6 to 0 to forward the proposed ordinance
amendment to the City Council for its consideration.
Discussion
Analysis
In the City -wide R1 Single Family Residential District, there are 40 legal, nonconforming
multi - family properties containing three or more controlled rental units, for a total of 206
controlled rental units. Owners who may wish to improve and extend the life of these
properties through an addition to one or more of the units are currently precluded from
doing so given Zoning Ordinance nonconforming use restrictions. Further, allowing
expansion and improvement of these units may encourage owners to retain their
existing rent controlled units rather than remove units from Rent Control, demolish and
redevelop the site.
Proposed Ordinance
Santa Monica Municipal Code (SMMC) Subchapter 9.04.18, Section 9.04.18.030
describes a legal, nonconforming use as one that lawfully existed at the time of the
adoption of the Zoning Ordinance but is now not permitted. SMMC Section 9.04.18.030
(d) prohibits the expansion or extension in area of any legal, nonconforming use of land.
The proposed ordinance would modify Santa Monica Municipal Code (SMMC) Section
9.04.18.030 by adding a new paragraph (f). The new language would be narrowly
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focused to address only legal, nonconforming rent controlled multi - family property
located in the R1 Single Family Residential District. New paragraph (f) would read as
follows:
(f) Legal, Nonconforming Rent - controlled Multiple- family Properties.
Notwithstanding paragraph (d) above, existing multi - family residential units in the R1
Single Family Residential District that are presently controlled by Article XVlll of the City
Charter may be expanded in area provided such expansion complies with all other
applicable Code provisions, including those governing height, number of stories,
setbacks, stepbacks, parcel coverage and off - street parking (unless the City's Traffic
Engineer determines that the provision of parking is not feasible), and the number of
housing units on the multi- family residential property does not increase.
Commission Action
As noted above, the Planning Commission considered the proposed amendment at its
meeting on December 14, 2011. The Commission voted unanimously to forward the
proposed ordinance amendment to the City Council for its consideration. Staff
recommends a minor modification to the ordinance language recommended by the
Commission. In some instances it may not be feasible to add off- street parking for the
addition of bedrooms. Therefore, staff recommends ordinance language that allows the
City's Traffic Engineer to determine if it is feasible to add parking on -site. SMMC
Section 9.04.18.075(b) provides for the same approach in relation to the legalization of
rent controlled bootleg units.
Environmental Analysis
The proposed ordinance is exempt from the provisions of the California Environmental
Quality Act (CEQA) pursuant to Section 15061(b)(3) in that it can been seen with
certainty that the proposed ordinance does not have the potential to significantly impact
the environment, since the proposed ordinance amendment merely allows the addition
to a unit or units within a legal, nonconforming rent controlled multi - family property in the
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R1 district. In addition, the text amendment is exempt under CEQA Section 15303,
Class 1(e) which exempts additions to existing structures of up to 10,000 square feet in
urban areas with all public facilities and services.
Public Hearing
Notices of the Planning Commission and City Council public hearings were published in
the Santa Monica Daily Press a minimum of 10 days prior to the hearing in accordance
with City requirements.
Financial Impacts & Budget Actions
There is no immediate Budget/Financial impact to the policy decision.
Prepared by: Paul Foley, Principal Planner
Approved:
avid Ma rtin, Director
Planning and Community Development
Forwarded to Council:
Rod Gould '
City Manager
Attachments: A — Letter from attorney for Daniella Kuhn
B — Proposed Ordinance
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ATTACHMENT A
LETTER FROM ATTORNEY FOR DANIELLA KUHN
Electronic version of attachment is not available for review. Document is available for
review at the City Clerk's office and the Libraries.
HARDING LARMORE KUTCHER & KOZAL, LLP
ATTORNEYS AT LAW
WRITER'S DIRECT DIAL 1250 SIXTH STREET, SUITE 200 WRITER'S E -MAIL ADDRESS
(310) 451 -2968
December 8, 2011
SANTA MONICA, CALIFORNIA 90401,1602
TELEPHONE (310) 393 -1007
FACSIMILE (310) 392 -3537
VIA E -MAIL & MESSENGER DELIVERY
Santa Monica Planning Commission
City of Santa Monica
1685 Main Street, Room 212
Santa Monica, CA 90401
Re: Proposed Text Amendment 11 -003
Applicant: City of Santa Monica
Hearing Date: December 14, 2011
Agenda Item: 5 -13
Our Client: Daniella Kuhn
Our File No. 22085.001
Dear Commissioners:
harding @hikklaw.com
I am writing on Daniella Kuhn's behalf with respect to the above - referenced
matter to express Ms. Kuhn's enthusiastic support for the proposed text amendment.
As the Staff Report indicates, the proposed text amendment narrowly addresses
the specific issue raised (i.e., square footage additions to existing multi - family rent -
controlled units without the addition of any units). The proposed text amendment is
limited to the R1 zoning district. And the proposed text amendment requires that any
such additions must comply with all other applicable Municipal Code provisions
including those governing height, number of stories, setbacks, stepbacks, parcel
coverage and off - street parking.
As the Staff Report points out, the proposed text amendment serves several
LUCE goals, objectives and policies include the preservation and adaptive reuse of
older apartment buildings. In addition, it encourages owners like Ms. Kuhn to retain
their existing rent - controlled units rather than remove them from rent control and '
redevelop their properties.
HARDING LARMORE KUTCHER & KOZAL, LLP
ATTORNEYS AT LAW
Santa Monica Planning Commission
December 8, 2011
Page 2
We urge the Commission to follow City Staffs advice and recommend the
proposed text amendment's approval.
Sincerely,
C \� 4r�
Christopher M. Harding
CMH:aes
cc: David Martin
Amanda Schachter
Paul Foley
Barry Rosenbaum
Kyle Ferstead
Daniella Kuhn
22085 /Cor /PlanningComm. t 004.CMH
ATTACHMENT B
PROPOSED ORDINANCE
City Council Meeting 2 -14 -12
Santa Monica, California
ORDINANCE NUMBER (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SUBCHAPTER 9.04.18 OF THE SANTA MONICA
MUNICIPAL CODE TO PERMIT AN ADDITION TO A UNIT OR UNITS WITHIN
A LEGAL, NON - CONFORMING RENT CONTROLLED MULTI - FAMILY
PROPERTY LOCATED IN THE R1 SINGLE FAMILY RESIDENTIAL DISTRICT
WHEREAS, the Land Use and Circulation (LUCE) Goal N1 calls for the
protection, preservation, and enhancement of residential neighborhoods; and
WHEREAS, LUCE Policy N1.1 states that the existing housing stock should be
respected and preserved for its vitality, character, and existing affordability to the extent
feasible; and
WHEREAS, LUCE Policy N1.5 encourages and calls for incentivizing the
preservation or adaptive re -use of older apartment buildings; and
WHEREAS, as reflected in Santa Monica Municipal Code (SMMC) Chapter 9.56,
Affordable Housing Production Program, the City's land use policies demonstrate a
long- standing commitment by the City to economic diversity, addressing the serious
need for affordable housing reflected in local, state and federal housing regulations and
policies, and addressing the demand for affordable housing units and the depletion of
affordable housing sites created by market -rate development; and
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WHEREAS, on April 10, 1979 the voters of the City of Santa Monica passed
Proposition "A" which created Article XVIII of the City Charter, which enacted the City's
Rent Control Law, whose purpose was to preserve affordable rental housing and help
ensure an economically diverse community; and
WHEREAS, the R1 Single Family. Residential District prohibits multi - family
housing of three (3) units or greater; and
WHEREAS, in the R1 Single Family Residential District, there are forty (40) legal,
non - conforming multi - family properties containing three (3) or more controlled rental
units, for a total of two - hundred and six (206) controlled rental units; and
WHEREAS, the owners of these forty (40) legal, non - conforming rent controlled
multi - family properties may wish to improve and extend the life of their buildings through
an addition to one or more of the units in order to better accommodate families and
growing households, and having the right to expand these units may encourage these
owners to retain their existing housing units rather than demolish and redevelop the
properties; and
WHEREAS, however, Santa Monica Municipal Code (SMMC) Section
9.04.18.030, prohibits legal, non - conforming uses from expanding or extending in area,
thus preventing the owners of these multi - family properties from adding square footage
to these units; and
WHEREAS, in order to support the policies of the LUCE that call for the
protection, preservation, and enhancement of the residential neighborhoods, the
protection of existing housing stock, and the preservation or adaptive re -use of older
apartment buildings, and to support affordable rental housing for families and growing
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households and to promote the retention of affordable housing units, SMMC Section
9.04.18.030 should be modified to allow for additions to one or more existing legal, non-
conforming rent controlled units under specified circumstances; and
WHEREAS, on November 2, 2011 the Planning Commission directed staff to
initiate a Zoning Ordinance amendment process to permit additions to units in legal,
nonconforming rent controlled properties located in the R1 Single family Residential
District; and
WHEREAS, on November 16, 2011 the Planning Commission adopted a
Resolution of Intention to initiate the Zoning Ordinance amendment; and
WHEREAS, on December 14, 2011 the Planning Commission voted
unanimously to forward a recommendation on the proposed Zoning Ordinance
amendment to the Council, and
WHEREAS, on February 14, 2012, the City Council considered the proposed
Zoning Ordinance amendment; and
WHEREAS, for the reasons stated above and as further detailed in the February
14, 2012 Council staff report, the proposed amendment is consistent in principle with
the goals, objectives, policies, land uses and programs specified in the adopted General
Plan; and
WHEREAS, for the reasons stated above and as further detailed in the February
14, 20121 Council staff report, the public health, safety and general welfare also require
the adoption of the proposed amendment.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 9.04.18.030 is hereby
amended to read as follows:
9.04.18.030 Legal, nonconforming uses.
A legal nonconforming use is a use which lawfully existed on the effective
date of the ordinance codified in this Chapter but which is either: (a) not now
permitted in the district in which it is located; or (b) now permitted by a
performance standards permit, use permit or conditional use permit but no such
permits have been obtained. A legal, nonconforming use shall comply with the
following provisions:
(a) Change of Ownership. A change of ownership, tenancy, or
management of a nonconforming use shall not affect its status as a legal,
nonconforming use.
(b) Abandonment. If a legal, nonconforming use ceases operation for
a continuous period of one year or more, that use shall lose its legal,
nonconforming status, and the premises on which the nonconforming use took
place shall from then on be used for conforming uses only. Uses in a building
undergoing restoration or reconstruction shall be exempt from this requirement
provided the provisions of Section 9.04.18.020(e) are complied with. Uses
discontinued due to an act of nature shall be exempt from this requirement
provided reconstruction of the building is commenced within one year of the date
the damage occurs and is diligently completed.
(c) Conversion to Conforming . Use. If a nonconforming use is
converted to a conforming use, the nonconforming use may not be resumed.
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(d) Expansion of Nonconforming Use. A nonconforming use of a
building or portion of a building that conforms to the development standards of this
Chapter shall neither be expanded into any other portion of the building nor
changed except to a conforming use. The nonconforming use of land shall not be
expanded or extended in area.
(e)
Intensification of
Uses. A nonconforming
use shall not be
permitted
to change in mode or
character of operation. A
change in mode or
character
shall include, but not
be limited to, extended
hours of operation,
substantial remodeling, or a change in number of seats or the service area floor
space for bars and restaurants.
(f) Legal, Nonconforming Rent - controlled Multiple - family Properties.
Notwithstanding paragraph (d) above existing multi - family residential units in the
R1 Single Family Residential District that are presently controlled by Article XVIII of
the City Charter may be expanded in area provided such expansion complies with
all other applicable Code provisions, including those governinq height, number of
stories setbacks, stepbacks parcel coverage and off - street parking (unless the
City's Parking and Traffic Engineer determines that the provision of parking is not
feasible) and the number of housing units on the multi - family residential property
does not increase.
SECTION 2. 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 3. 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 4. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance and each and every section, subsection, sentence, clause,
or phrase not declared invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 5. 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.
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