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
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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.
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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:
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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.
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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
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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.
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3/28/2019