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O2392City Council Meeting 2 -28 -12 Santa Monica, California ORDINANCE NUMBER 2392 (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 1 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 2 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 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 112 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. 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, 0 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. (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. 5 (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 governing 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. APPROVED AS TO FORM: 7 Approved and adopted this 28th day of February, 2012. Richard Bloom, Mayor State of California ) County of Los Angeles ) ss. City of Santa Monica ) I, Denise Anderson - Warren, Assistant City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2392 (CCS) had its introduction on February 14, 2012, and was adopted at the Santa Monica City Council meeting held on February 28, 2012, by the following vote: Ayes: Council members: Holbrook, McKeown, O'Connor, O'Day, Shriver Mayor Pro Tern Davis, Mayor Bloom Noes: Council members: None Absent: Council members: None A summary of Ordinance No. 2392 (CCS) was duly published pursuant to California Government Code Section 40806. ATTEST: Denise son-Warren, Assistant City Clerk