O26101
City Council Meeting: May 28, 2019 Santa Monica, California
ORDINANCE NUMBER 2610 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING THE TEXT OF THE CITY’S ZONING ORDINANCE TO PROHIBIT
SINGLE-ROOM OCCUPANCY HOUSING 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 of the City of Santa Monica (“City
Council”) adopted the Land Use and Circulation Element (“LUCE”) 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
WHEREAS, the LUCE, Zoning Ordinance, DCP, and related regulations, establish
reasonable density, setback, lot coverage and height restrictions to preserve the
character of the City’s neighborhoods, protect 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
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WHEREAS, a proliferation of a single use and 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 small
households and would unduly limit housing options for larger 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, on March 20, 2019, the Planning Commission adopted a Resolution
of Intent, Resolution Number 19-007, declaring its intention to consider recommending to
the City Council that the City Council amend the text of the Zoning Ordinance for
regulations related to Single-Room Occupancy; 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 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 of Single-Room Occupancy uses while ensuring the availability of housing for
those most in need; and
WHEREAS, under urgency Interim Zoning Ordinance 2604, authorized Single -
Room Occupancy uses continued to be permitted in every area of the City zoned for
residential use without any numerical limitation; and
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WHEREAS, urgency Interim Zoning Ordinance 2604 expired on May 10, 2019;
and
WHEREAS, on April 23, 2019, the City Council adopted emergency Interim Zoning
Ordinance Number 2609 (CCS), placing interim development standards on market-rate
Single-Room Occupancy uses; and
WHEREAS, emergency Interim Zoning Ordinance Number 2609 (CCS) was
adopted to allow for further study of the market-rate Single-Room Occupancy housing
type and to ensure that any such Single-Room Occupancy uses afford livability and
quality of life for residents of those projects and promote a sense of social connectedness
and community wellbeing; and
WHEREAS, emergency Interim Zoning Ordinance Number 2609 expires on June
22, 2019 unless extended by the City Council in accordance with Santa Monica Municipal
Code Section 9.46.090(C); and
WHEREAS, the City desires to prohibit Single-Room Occupancy uses that are not
one-hundred percent affordable housing projects or specialized housing to 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 while ensuring the
availability of housing for those most in need; and
WHEREAS, authorized Single-Room Occupancy uses will continue to be
permitted in every area of the City zoned for residential u se without any numerical
limitation; and
WHEREAS, on May 1, 2019, the Planning Commission conducted a duly noticed
public hearing to consider its recommendation to the City Council, and, after considering
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oral and written testimony regarding proposed amendments to the text of the Zoning
Ordinance to effectuate a prohibition on market-rate Single-Room Occupancy uses,
recommended against adoption of the proposed Zoning Ordinance amendments, and
further recommended an extension of Interim Zoning Ordinance 2609; and
WHEREAS, the City Council conducted a duly noticed public hearing on May 14,
2019, to consider the findings and recommendations of th e Planning Commission, and
desires to adopt the proposed Zoning Ordinance amendments set forth in Sections 2 and
3, below.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. Proposed amendments to the text of the Zoning Ordinance.
Based upon the oral and written testimony presented to the City Council at th e public
hearing on May 14, 2019, the City Council hereby makes the following findings:
1. The proposed amendments to the text of the Zoning Ordinance are
consistent with the General Plan and any applicable Specific Plans in that the
amendments further the policies of the General Pan and Specific Plans 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.
2. The proposed amendments to the text of the Zoning Ordinance are
consistent with the purpose of the Zoning Ordinance to promote the growth of the
City in an orderly manner and to promote and protect the public health, safety,
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and general welfare in that the proposed amendments further the existing policies,
standards, and regulations of the Zoning Ordinance that encourage a robust mix
of housing available to a diverse population consisting of persons from all income
levels, family situations, and stages of life.
SECTION 2. Santa Monica Municipal Code Section 9.31.330 is hereby amended
to read as follows:
9.31.330 Single Room Occupancy Structures
Single Room Occupancy (SRO) structures shall be located, developed, and
operated in compliance with the following standards, except that Single Room Occupancy
Housing, Market Rate, as set forth in Section 9.51.020(A)(1)(d)(iii), is prohibited in all
Zoning Districts:
A. Maximum Occupancy. Each SRO unit shall be designed to accommodate
a maximum of 2 persons.
B. Minimum Size. An SRO unit must have at least 150 square feet of floor
area, excluding closet and bathroom. No individual unit may exceed 375 square feet.
C. Minimum Width. An SRO of one room shall not be less than 12 feet in
width.
D. Entrances. All SRO units must be independently accessible from a single
main entry, excluding emergency and other service support exits.
E. Bathroom. An SRO unit is not required to but may contain partial or full
bathroom facilities. A partial bathroom facility shall have at least a toilet and sink; a full
facility shall have a toilet, sink and bathtub, shower or bathtub/shower combination. If a
full bathroom facility is not provided, common bathroom facilities shall be provided in
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accordance with the California Building Code for congregate residences with at least one
full bathroom per floor.
F. Closet. Each SRO unit shall have a separate closet.
G. Common Area. 4 square feet per living unit shall be provided, excluding
janitorial storage, laundry facilities and common hallways. At least 200 square feet in area
of interior common space provided as a ground floor entry area that provides a central
focus for tenant social interaction and meetings.
H. Tenancy. Tenancy of SRO units shall be for 30 or more days.
I. 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.
SECTION 3. Santa Monica Municipal Code Section 9.51.020 is hereby amended
to read as follows:
9.51.020 Residential Use Classifications
A. Residential Use Classifications
1. Residential Types
a. Single-Unit Dwelling. A dwelling unit that is designed for occupancy
by one household, located on a single parcel that does not contain any other
dwelling unit (except an accessory dwelling unit, where permitted), and not
attached to another dwelling unit on an abutting parcel. This classification
includes individual manufactured housing units installed on a foundation
system pursuant to Section 18551 of the California Health and Safety Code.
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b. Accessory Dwelling Unit. A dwelling unit providing complete
independent living facilities for one or more persons that is located on a parcel
with another primary, single-unit dwelling as defined by State law. It shall
include permanent provisions for living, sleeping, eating, cooking, and
sanitation on the same parcel as the single-unit dwelling’s location. A second
unit may be within the same structure as the primary unit, in an attached
structure, or in a separate structure on the same parcel. This use is
distinguished from a duplex. See Division 3, Section 9.31.300, Accessory
Dwelling Units, for further details.
c. Duplex. A single building that contains two dwelling units or two
single unit dwellings on a single parcel. This use is distinguished from an
Accessory Dwelling Unit, which is an accessory residential unit as defined b y
State law and this Ordinance.
d. Multiple-Unit Dwelling. Two or more dwelling units within a single
building or within two or more buildings on a site or parcel. Types of multiple -
unit dwellings include garden apartments, senior housing developments, and
multi-story apartment and condominium buildings. This classification includes
transitional housing in a multiple-unit format. The classification is distinguished
from group residential facilities.
i. Senior Citizen Multiple-Unit Residential. A multiple-unit
development in which occupancy of individual units is restricted to one or
more persons 62 years of age or older, or a person at least 55 years of age
who meets the qualifications found in Civil Code Section 51.3.
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ii. Single-Room Occupancy Housing. Multiple-unit residential
buildings containing housing units that may have kitchen and/or bathroom
facilities and are guest rooms or efficiency units as defined by the State
Health and Safety Code. Each housing unit is occupied by no more than
two persons and is offered on a monthly rental basis or longer. See Division
3, Section 9.31.330, Single Room Occupancy Structures, for further details.
iii. Single-Room Occupancy Housing, Market-Rate. Multiple-unit
residential buildings containing housing units that may have kitchen and/or
bathroom facilities and are guest rooms or efficiency units as defined by the
State Health and Safety Code. Each housing unit is occupied by no more
than two persons and is offered on a monthly rental basis or longer. Single-
Room Occupancy Housing, Market-Rate shall not include any of the
following:
1. 100% Affordable Housing Project, as set forth in Section
9.52.020.0050;
2. Elderly and Long-Term Care, as set forth in subsection (A)(3);
3. Emergency Shelter, as set forth in subsection (A)(4);
4. Residential Facility, as set forth in subsection (A)(7);
5. Supportive Housing, as set forth in subsection (A)(8); or
6. Transitional Housing, as set forth in subsection (A)(9).
e. Group Residential. Shared living quarters without a separate
kitchen or bathroom facilities wherein two or more rooms are rented to
individuals under separate rental agreements or leases, either written or oral,
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whether or not an owner, agent or rental manager is in residence, offered for
rent for permanent or semi-transient residents for periods generally of at least
30 days. This classification includes rooming and boarding houses,
dormitories, fraternities, convents, monasteries, and other types of
organizational housing, and private residential clubs, but excludes extended
stay hotels intended for long-term occupancy (30 days or more; see Hotel and
Motel), and Residential Facilities. Group Residential includes but is not limited
to the following:
i. Congregate Housing. A residential facility with shared kitchen
facilities, deed-restricted or restricted by an agreement approved by the
City for occupancy by low- or moderate-income households, designed
for occupancy for periods of 6 months or longer, providing services that
may include meals, housekeeping and personal care assistance as well
as common areas for residents of the facility. See Division 3, Section
9.31.110, Congregate and Transitional Housing, for further details.
ii. Senior Group Residential. A residential facility that provides
residence for a group of senior citizens [as defined in Health and Safety
Code Section 1569.2(k)] with a central kitchen and dining facilities and
a separate bedroom or private living quarters. See Division 3, Section
9.31.310, Senior Group Residential, for further details.
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2. Corporate Housing. Rental housing which has all the following
attributes:
a. The housing is designed for use by individuals who will reside on the
property for a minimum stay of at least 30 consecutive days, but who otherwise
intend their occupancy to be temporary.
b. The housing is intended for use by persons who will maintain or
obtain a permanent place of residence elsewhere.
c. The housing includes 2 or more of the following amenities:
i. Maid and linen service.
ii. Health club, spa, pool, tennis courts, or memberships to area
facilities.
iii. Business service centers.
iv. Meeting rooms.
v. Fully furnished units including a combination of some but not
necessarily all of the following: furniture, appliances, housewares, bed
linens, towels, artwork, televisions, entertainment systems, and
computer equipment.
vi. Valet parking.
3. Elderly and Long-Term Care. Establishments that provide 24-hour
medical, convalescent or chronic care to individuals who, by reason of advanced
age, chronic illness or infirmity, are unable to care for themselves, and is licensed
as a skilled nursing facility by the State of California, including, but not limited to,
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rest homes, nursing homes, and convalescent hospitals, but not Residential Care,
Hospitals or Clinics.
4. Emergency Shelter. A temporary, short-term residence providing
housing with minimal supportive services for homeless families or individual
persons where occupancy is limited to 6 months or less, as defined in Section
50801 of the California Health and Safety Code. Medical assistance, counseling,
and meals may be provided. See Division 3, Section 9.31.130, Emergency
Shelters, for further details.
5. Family Day Care. A day-care facility licensed by the State of
California that is located in a dwelling unit where a resident of the dwelling provides
care and supervision for children under the age of 18 for periods of less than 24
hours a day.
a. Small. A facility that provides care for up to 6 children including
children who reside at the home and are under the age of 10, or up to 8 children
in accordance with Health and Safety Code Section 1597.44, or any successor
thereto.
b. Large. A facility that provides care for up to 12 children, including
children who reside at the home and are under the age of 10 , or up to 14
children in accordance with Health and Safety Code Section 1597.465, or any
successor thereto. See Division 3, Section 9.31.140, Family Day Care, Large,
for further details.
6. Mobile Home Park. Any area or tract of land where two or more lots
are rented, leased, or held out for rent or lease, to accommodate mobile homes
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used for human habitation in accordance with Health and Safety Code Section
18214, or any successor thereto.
7. Residential Facility. Facilities that provide permanent living
accommodations and 24-hour primarily non-medical care and supervision for
persons in need of personal services, supervision, protection, or assistance for
sustaining the activities of daily living. Living accommodations are shared living
quarters with or without separate kitchen or bathroom facilities for each room or
unit. This classification includes facilities that are operated for profit as well as
those operated by public or not-for-profit institutions, including group homes for
minors, persons with disabilities, people in recovery from alcohol or drug
addictions, and hospice facilities. See Division 3, Section 9.31.270, Residential
Care Facilities, for further details.
a. Residential Care, General. A Residential Facility licensed by the
State of California and providing care for more than 6 persons.
b. Residential Care, Limited. A Residential Facility licensed by the State
of California providing care for 6 or fewer persons.
c. Residential Care, Seniors. A housing arrangement chosen
voluntarily by the resident, the resident’s guardian, conservator or other
responsible person, where residents are 60 years of age or older and where
varying levels of care and supervision are provided as agreed to at the time of
admission or determined necessary at subsequent times of reappraisal. This
classification includes continuing care retirement communities and life care
communities licensed for residential care by the State of California.
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d. Hospice, General. A facility that provides residential living quarters
for more than 6 terminally ill persons.
e. Hospice, Limited. A facility that provides residential living quarters for
up to 6 terminally ill persons.
8. Supportive Housing. Housing which meets the definition of Health
and Safety Code Section 50675.14 with no limit on length of stay that are occupied
by the target population as defined in subdivision (d) of Section 53260 of the
California Health and Safety Code, and that are linked to on-site or off-site services
that assist supportive housing residents in retaining the housing, improving their
health status, and maximizing their ability to live, and where possible, work in the
community. Supportive housing as defined by Subdivision (b) of Section 50675.14
may be provided in a multiple-unit structure or group residential facility. Facilities
may operate as licensed or unlicensed facilities subject to applicable State
requirements.
9. Transitional Housing. Dwelling units with a limited length of stay
that are operated under a program requiring recirculation to anoth er program
recipient at some future point in time. Transitional housing may be designated for
homeless or recently homeless individuals or families transitioning to permanent
housing as defined in subdivision (h) of Section 50675.2 of the California Health
and Safety Code. Facilities may be linked to onsite or offsite supportive services
designed to help residents gain skills needed to live independently. Transitional
housing may be provided in a variety of residential housing types (e.g., multiple -
unit dwelling, single-room occupancy, group residential, single unit dwelling). This
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classification includes domestic violence shelters. See Division 3, Section
9.31.110, Congregate and Transitional Housing, for further details.
SECTION 4. Any provision of the 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 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 ha ve 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 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 within 15 days after its adoption. This Ordinance shall become effective 30
days from its adoption.
APPROVED AS TO FORM:
_______________________
LANE DILG
City Attorney
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Approved and adopted this 28th day of May, 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. 2610 (CCS) had its introduction
on May 14, 2019, and was adopted at the Santa Monica City Council meeting
held on May 28, 2019, by the following vote:
AYES: Councilmember Morena, Himmelrich, Winterer, Jara,
Mayor Pro Tem O’Day, Mayor Davis
NOES: None
ABSENT: Councilmember McKeown
ATTEST:
_____________________________________ _________________
Denise Anderson-Warren, City Clerk Date
A summary of Ordinance No. 2610 (CCS) was duly published pursuant to
California Government Code Section 40806.
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6/10/2019