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
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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
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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
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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,
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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.
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(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:
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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