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O26041 City Council Meeting: March 26, 2019 Santa Monica, California ORDINANCE NUMBER 2604 (CCS) (City Council Series) AN URGENCY INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA PROHIBITING SINGLE-ROOM OCCUPANCY USES THAT ARE NOT ONE-HUNDRED PERCENT AFFORDABLE HOUSING PROJECTS OR CERTAIN TYPES OF SPECIALIZED HOUSING SUCH AS EMERGENCY SHELTERS, TRANSITIONAL HOUSING AND SUPPORTIVE HOUSING WHEREAS, on July 6, 2010 the City Council adopted the Land Use and Circulation Element (“LUCE”) of the City’s General Plan; and WHEREAS, on December 10, 2013, the City Council adopted the 2013- 2021 Housing Element of the City’s General Plan; and WHEREAS, the City’s new Zoning Ordinance, Chapters 9.01 through 9.52 of Article 9 of the Santa Monica Municipal Code (“Zoning Ordinance”), became effective on July 24, 2015; and WHEREAS, on July 25, 2017, the City Council adopted the Downtown Community Plan (“DCP”) and associated amendments to the Zoning Ordinance; and WHEREAS, each establishes and implements goals and policies that emphasize the need to provide a variety of housing types, sizes, and affordability levels in order to accommodate the residents of all incomes, family situations, and stages of life; and DocuSign Envelope ID: 16E6052B-EAB8-4CCD-BD0C-B968A5CEEC68 2 WHEREAS, since July 2018, the City has received six applications for mixed-use housing projects in the Downtown Community Plan Area that propose 100% Single-Room Occupancy Housing; and WHEREAS, such a proliferation of a single housing type is inconsistent with the City’s goals and policies related to production of a variety housing types; and WHEREAS, an over-concentration of market-rate Single-Room Occupancy units could impact the future population of the City as such small units tend to cater to single-person households; and WHEREAS, such an over-concentration of Single-Room Occupancy units will not create a neighborhood setting that promotes social connectedness and community wellbeing; and WHEREAS, the City desires to allow Single-Room Occupancy uses that are one hundred percent affordable housing projects and certain types of specialized housing, including, but not limited to, emergency shelters, transitional housing, and supportive housing, to ensure the availability of housing for those most in need; and WHEREAS, the City Council finds and declares that there is a current and immediate threat to public health, safety and welfare that requires the adoption of the proposed ordinance, in that prohibiting Single-Room Occupancy uses that are not 100% affordable housing projects on an interim and immediate basis is necessary to protect goals and policies for maintaining a diverse community and creating residential uses to meet a diverse community’s needs in terms of housing type, size, and availability for different income levels. DocuSign Envelope ID: 16E6052B-EAB8-4CCD-BD0C-B968A5CEEC68 3 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Interim Zoning Regulations. A) Single-Room Occupancy uses prohibited. Except as provided in paragraph B, below, Single-Room Occupancy uses shall be prohibited in all Zoning Districts. For purposes of this Ordinance, Single -Room Occupancy uses shall include uses, structures, and units defined, described, and/or authorized, by: 1) Land use regulations set forth in Santa Monica Municipal Code Sections 9.08.020, 9.08.030, 9.09.020, 9.10.040, 9.11.020, 9.13.020, 9.14.020, 9.15.020; 2) Santa Monica Municipal Code Section 9.31.330, setting forth standards for Single Room Occupancy Structures; 3) The residential use classification set forth in Santa Monica Municipal Code Section 9.51.020(A)(1)(d)(ii); and 4) Residential units that do not exceed 375 SF of floor area and are not required to have kitchen or bathroom facilities. B) Exceptions. The following shall not be subject to the prohibition set forth in paragraph A, above: 1) 100% Affordable Housing Projects, as defined by Santa Monica Municipal Code Section 9.52.0050; 2) The following residential use classifications: DocuSign Envelope ID: 16E6052B-EAB8-4CCD-BD0C-B968A5CEEC68 4 a) Elderly and Long-Term Care, as set forth in Santa Monica Municipal Code 9.51.020(A)(3); b) Emergency Shelter, as set forth in Santa Monica Municipal Code Section 9.51.020(A)(4); c) Residential Facility, as set forth in Santa Monica Municipal Code Section 9.51.020(A)(7); d) Supportive Housing, as set forth in Santa Monica Municipal Code Section 9.51.020(A)(8); e) Transitional Housing, as set forth in Santa Monica Municipal Code Section 9.51.020(A)(9); and 3) Nonresidential use classifications, as set forth in Santa Monica Municipal Code Section 9.51.030. C) Applicability. Any project that has been issued a valid building permit on or before March 26, 2019 shall have a vested right to proceed without complying with this Interim Zoning Ordinance. SECTION 2. In accordance with CEQA Guidelines Section 15061(b)(3), this Interim Zoning Ordinance is exempt from CEQA as it can be seen with certainty that the proposed ordinance does not have the potential to significantly impact the environment. This determination is made based on the record as a whole, including, but not limited to, evidence that the regulations set forth in this Interim Zoning Ordinance represent a temporary change to use standards that would result in more restrictive use standards than existing regulations. DocuSign Envelope ID: 16E6052B-EAB8-4CCD-BD0C-B968A5CEEC68 5 SECTION 3. Any provision of the Santa Monica Municipal Code or any appendix 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 prov isions 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 with in 15 days after its adoption. This Ordinance shall become effective immediately upon its adoption. SECTION 6. This Ordinance shall be of no further force or effect forty-five days from its effective date, unless it is otherwise extended pursuant to Santa Monica Municipal Code Section 9.46.090 and Government Code Section 65858. APPROVED AS TO FORM: _________________________ LANE DILG City Attorney DocuSign Envelope ID: 16E6052B-EAB8-4CCD-BD0C-B968A5CEEC68 Approved and adopted this 26th day of March, 2019. _____________________________ G l e a m D a v i s , M a y o r State of California ) County of Los Angeles ) ss. City of Santa Monica ) I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2604 (CCS) had its introduction and adoption at the Santa Monica City Council meeting held on March 26, 2019, by the following vote: AYES: Councilmembers Jara, Winterer, McKeown, Himmelrich, Mayor Pro Tem O’Day, Mayor Davis NOES: None ABSENT: Councilmember Morena ATTEST: _____________________________________ _________________ Denise Anderson-Warren, City Clerk D a t e A summary of Ordinance No. 2604 (CCS) was duly published pursuant to California Government Code Section 40806. DocuSign Envelope ID: 16E6052B-EAB8-4CCD-BD0C-B968A5CEEC68 3/28/2019