O26091
City Council Meeting: April 23, 2019 Santa Monica, California
ORDINANCE NUMBER 2609 (CCS)
(City Council Series)
AN EMERGENCY INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA ADOPTING DEVELOPMENT STANDARDS
FOR 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 market-rate housing projects in the Downtown Community Plan Area
that propose 100% Single-Room Occupancy Housing; and
WHEREAS, such a proliferation of a single use and housing type is
inconsistent with the City’s goals and policies related to the Downtown Community
Plan Area; 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 small households and would unduly limit housing options for larger households ;
and
WHEREAS, the LUCE, Zoning Ordinance, Downtown Community Plan, and
related regulations place reasonable density, setback, lot coverage and height
restrictions to preserve the character of the City’s neighborhoods, protects against
burdens overly intense development would impose on the City and safeguard the
overall quality of life and wellbeing of the City’s residents and visitors; and
WHEREAS, Single-Room Occupancy uses are subject to the City’s
regulations related to density, setback, lot coverage and height; 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, on March 26, 2019, the City Council adopted urgency Interim
Zoning Ordinance Number 2604 (CCS) to temporarily prohibit Single-Room
Occupancy uses that are not one-hundred percent affordable housing projects or
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certain types of specialized housing, including, but not limited to, emergency
shelters, transitional housing, and supportive housing (“specialized housing”), in
order to permit a more comprehensive review while ensuring the availability of
housing for those most in need; and
WHEREAS, the temporary prohib ition was approved to allow the City to
study potential permanent regulations that would ensure the City provides a robust
mix of housing available to a diverse population consisting of persons from all
income levels, family situations, and stages of life ; and
WHEREAS, under urgency Interim Zoning Ordinance 2604, authorized
Single-Room Occupancy uses continue to be permitted in every area of the City
zoned for residential use without any numerical limitation; and
WHEREAS, the prohibition established under urgency Interim Zoning
Ordinance 2604 expires on May 10, 2019; and
WHEREAS, the City desires to continue its study of potential permanent
regulations for Single-Room Occupancy uses that are not one hundred percent
affordable or specialized housing; and
WHEREAS, as that study moves forward, the City desires to ensure that
any such Single-Room Occupancy uses afford livability and quality of life fo r
residents of those projects and promote a sense of social connectedness and
community wellbeing by adopting interim development standards without placing
a numerical limitation; and
WHEREAS, the City desires to maintain current standards for Single-Room
occupancy uses that are one-hundred percent affordable housing projects and
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specialized housing to maximize flexibility and limit barriers for projects by
nonprofit affordable housing and social service providers in the City ; 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
this ordinance, in that creating development standards for Single-Room
Occupancy uses that are not one-hundred percent affordable housing projects or
specialized housing 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; ensuring livability and quality of life for the
City’s residents; and encouraging social connectedness and community wellbeing .
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Interim Zoning Regulations.
Santa Monica Municipal Code Section 9.31.335 is hereby added to read as
follows:
9.31.335 Single Room Occupancy Structure, Market Rate
A. Single Room Occupancy (SRO) structures, units and uses shall be
located, developed, and operated in compliance with the following standards
unless the proposed project is one of the following , which shall be subject to the
standards for Single Room Occupancy Structures set forth in Section 9.31.330:
1. A 100% Affordable Housing Project, as set forth in Section
9.52.0050;
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2. One of the following specialized housing uses:
a. Elderly and Long-Term Care as set forth in Section
9.51.020(A)(3);
b. Emergency Shelter as set forth in Section 9.51.020(A)(4);
c. Residential Facility as set forth in Section 9.51.020(A)(7);
d. Supportive Housing as set forth in Section 9.51.020(A)(8);
e. Transitional Housing as set forth in Section 9.51.020(A)(9);
B. Maximum Occupancy. Each SRO unit shall be designed to
accommodate a maximum of 2 persons.
C. Minimum Size. An SRO unit must have at least 220 square feet of
floor area, excluding closet and bathroom in accordance with International Building
Code Section 1208.4, or successor thereto. No individual unit may exceed 375
square feet within an SRO structure; an individual unit exceeding 375 square feet
may be incorporated in a Duplex or Multiple-Unit Dwelling/Structure as set forth in
Section 9.51.020(A)(1).
D. Minimum Width. An SRO of one room shall not be less than 12 feet
in width.
E. Entrances. All SRO units must be independently accessible from a
single main entry, excluding emergency and other service support exits.
F. Bathrooms. An SRO unit must contain a separate bathroom with a
toilet, sink, and bathtub or shower in accordance with International Building Code
Section 1208.4, or successor thereto.
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G. Kitchens. An SRO unit must contain a kitchen sink, cooking appliance
and refrigeration facilities, each having a clear working space of not less than 30
inches in front, in accordance with International Building Code Section 1208.4, or
successor thereto.
H. Closets. Each SRO unit shall have a separate closet.
I. Common Areas. The following common area shall be provided:
1. 10 square feet per living unit shall be provided, excluding
janitorial storage, laundry facilities and common hallways.
2. At least 400 square feet in area of interior common space shall
be provided as a ground floor entry area and shall include tenant amenities
that provide a central focus for tenant social interaction and meetings.
3. At least 200 square feet of interior common area shall be
provided for each floor above the ground floor. These common areas shall
include tenant amenities that provide a central focus for tenant social
interaction, including but not limited to lounge/game room, workspace,
fitness, communal kitchen, or for other similar activities. Common area of
the same size dedicated for such activities provided on the roof shall satisfy
the requirement for one individual floor in a structure. Common area on the
roof shall comply with all other requirements of the Municipal Code.
J. Tenancy. Tenancy of SRO units shall be for 30 or more days.
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K. Facility Management. An SRO structure with 10 or more units shall
provide full-time on-site management. An SRO structure with fewer than 10 units
shall provide a management office on-site.
(C) Applicability. Unless otherwise required by law, 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. Based on the findings contained in this ordinance and material
presented in the accompanying Staff Report, the City Council finds that there is a
current and immediate threat to the public health, safety, and welfare necessitating
the adoption of this Ordinance by emergency, and that the approval of additional
subdivisions, use permits, variances, building permits or any other applicable
entitlement for use which is otherwise required in order to comply with the current
zoning ordinance would result in a threat to public health, safety, and welfare.
SECTION 3. 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 regulatory standards
that would not result in more mass or floor area than currently allowed under the
Zoning Ordinance.
SECTION 4. Any provision of the Santa Monica Municipal Code or any
appendix thereto inconsistent with the provisions of this Ordinance, to the extent
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of such inconsistencies and no further, is hereby repealed or modified to that extent
necessary to effect the provisions of this Ordinance.
SECTION 5. 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 reg ard
to whether any portion of the ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 6. 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 sixty
days from its effective date, unless it is oth erwise extended pursuant to Santa
Monica Municipal Code Section 9.46.090.
APPROVED AS TO FORM:
_________________________
LANE DILG
City Attorney
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Approved and adopted this 23rd day of April, 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. 2609 (CCS) had its introduction
and adoption at the Santa Monica City Council meeting held on April 23, 2019,
by the following vote:
AYES: Councilmembers Jara, Winterer, McKeown, Morena, Himmelrich,
Mayor Davis
NOES: None
ABSENT: Mayor Pro Tem O’Day
ATTEST:
_____________________________________ _________________
Denise Anderson-Warren, City Clerk D a t e
A summary of Ordinance No. 2609 (CCS) was duly published pursuant to California
Government Code Section 40806.
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5/9/2019