SR 04-23-2019 7B
City Council
Report
City Council Meeting: April 23, 2019
Agenda Item: 7.B
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To: Mayor and City Council
From: David Martin, Director, City Planning
Subject: Introduction for first reading and adoption of an Emergency Interim Zoning
Ordinance related to Single-Room Occupancy (SRO) uses. The proposed
interim amendments pertain to development standards, land use regulations,
residential use classifications, and definitions, with consideration given to
changing regional housing trends, and consistent with housing-related goals
and policies set forth in the 2010 Land Use and Circulation Element (LUCE)
and 2017 Downtown Community Plan.
Recommended Action
Staff recommends that the City Council introduce and adopt an Emergency Interim
Zoning Ordinance related to Single-Room Occupancy uses in order to implement
housing goals and policies set forth in the 2010 Land Use and Circulation Element and
2017 Downtown Community Plan and with consideration given to emerging regional
housing trends.
Executive Summary
Among the City of Santa Monica’s highest priorities is to promote the development of a
diverse housing stock of both affordable and market-rate units meeting the needs of the
full range of family and household sizes. On March 26, Council adopted an Urgency
Interim Zoning Ordinance No. 2604 (CCS) prohibiting market-rate (non-rent-restricted)
Single-Room Occupancy (SRO) uses citywide for a period of 45 days in order to prohibit
SRO uses that are not 100% Affordable Housing Projects or certain specialized housing
uses such as emergency shelters, transitional housing, and supportive housing as set
forth in the Santa Monica Municipal Code.
The Council adopted Ordinance No. 2604 (CCS) in order to pause for a limited 45-day
period to provide time to further study options to manage market-rate SRO projects and
to ensure that citywide zoning standards consistent with City needs and objectives that
create a range of housing options that include physical building features that promote
social connectedness and enhance community wellbeing. The 45-day prohibition on
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market-rate SRO uses was also established to provide time to consider whether
additional requirements related to physical design and/or amenity plans are necessary
for projects with market-rate SRO units.
Following up on Council’s adoption of Ordinance No. 2604 (CCS), and based on staff’s
analysis of housing policy objectives and review of applicable laws and
recommendations from the Planning Commission, this emergency interim zoning
proposes interim changes to development standards for market-rate SROs uses. This
would allow further study of the market-rate SRO housing type, and supports the
following objectives, consistent with state law, and in the context of the City’s broader
housing-first strategy:
1. Differentiate between the market-rate SRO housing type from SROs that have
traditionally been comparatively affordable housing in urban centers for service
workers, low-income singles and the retired, or provided as supportive and
transitional housing consistent with the California Health and Safety Code.
2. Create different standards for Market-Rate Single-Room Occupancy Housing in
order to accomplish the following:
a. Respond to emerging regional housing trends by including specific
requirements addressing livability and quality of life for market-rate SRO
units that include kitchen and bathroom facilities and are geared primarily
toward single-person households and with secondary emphasis on others
who are at various stages of life including couples, retired individuals,
and/or other downsizing renters.
3. Maintain current standards for Single-Room Occupancy Housing that are a 100%
affordable housing project or specialized housing use as outlined in this report to
accomplish the following:
a. Continue to underscore the necessity for creating affordable housing and
certain specialized housing uses; maintain flexibility for these uses and
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limit barriers for projects by non-profit affordable housing and social
service providers in the City.
The Planning Commission discussed the concepts for the proposed emergency IZO on
April 3, 2019 and voted 6-1 in favor of supporting the staff recommendation and also
provided additional comments that are summarized in this report.
While such a nuanced approach may provide a more livable alternative for single-
person households, the proliferation of market-rate micro units may pose a significant
threat to the City’s efforts to provide a diverse housing stock of both affordable and
market-rate units meeting the needs of the full range of family and household sizes.
Council may opt to continue to consider whether additional steps should be taken to
further restrict such units in furtherance of the goals of the City’s Land Use and
Circulation Element, the Downtown Community Plan and the Housing Element.
Background
Council’s March 26th Action
The Council’s March 26th adoption of a 45-day prohibition on SRO uses focused in part
on citywide and Downtown Community Plan (DCP) housing policy objectives that
envisioned a robust mix of housing types in the plan area serving a wide range of
household sizes and income levels. As summarized in the Council’s March 26th staff
report, since July 2018, there have been six Tier 1 Administrative Approval applications
filed for mixed-use housing projects in the plan area that propose 100% Single-Room
Occupancy Housing. All 363 units proposed in the six projects range from 219-373 SF
in size; include sleeping, bathroom, and cooking facilities; and provide 5% of the total
units deed-restricted for Extremely-Low Income occupants pursuant to AHPP
requirements. Five of these six market-rate SRO projects supersede previously-
approved or pending project applications, including two 100% Affordable Housing
Projects, that proposed various mixtures of studio, one-, two-, and three-bedroom units.
The urgency IZO adopted by Council on March 26th went into effect at the time of
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adoption, applies to all projects proposing market-rate SRO uses that have not yet been
issued a building permit, and expires on May 10, 2019. For the purposes of the urgency
IZO, Single-Room Occupancy uses include SRO Housing and Structures as defined by
the Zoning Ordinance and residential units that may, but are not required, to have
kitchen or bathroom facilities and are no more than 375 SF in size.
Planning Commission Recommendation
On April 3, 2019, the Planning Commission discussed the proposed concepts for interim
regulations pertaining to market-rate SRO Housing. After an in-depth discussion, the
Commission voted 6-1 in favor of staff’s conceptual text amendments applicable on an
interim basis, with direction to staff to explore other housing models and return with an
ordinance to amend the Zoning Ordinance that would address various emerging
housing models more comprehensively. The dissenting Commissioner stated that the
proposed requirement for a kitchen and bathroom in market-rate SRO Housing is
unnecessary. A more detailed summary of the Commission comments are provided as
Attachment B.
Discussion
Single-Room Occupancy Uses Defined
Single-Room Occupancy Housing is a residential use classification and is currently
listed as a sub-set of Multiple-Unit Dwelling set forth in (SMMC Section
9.51.020(A)(1)(d)(ii)). Please see Attachment “A” for complete list of relevant definitions
and land use classifications associated with this staff report.
The Zoning Ordinance currently classifies Single-Room Occupancy Housing as a
Multiple-Unit Dwelling sub-type and is a permitted use in most districts in the City.
Where permitted, SRO Housing proposed in compliance with Tier 1 development
standards is subject to a non-discretionary Administrative Approval application and must
comply with the Affordable Production Program set forth in SMMC Chapter 9.64.
Housing Policy and the Need to Develop a Range of Housing Types
Through a variety of discussions over the years with community input at the Council,
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Planning Commission, and Housing Commission, concern has been consistently
expressed about projects that exclusively propose small or micro-units in new housing
projects that are not 100% affordable housing projects.
In particular, a need has been identified for development of new affordable housing and
supportive housing for all household sizes, as well as market-rate multi-family
apartments for all household sizes near transit in Santa Monica. These discussions
have occurred at Council, Planning Commission, and Housing Commission most
recently in the context of the 2017 Downtown Community Plan, the 2015 Zoning
Ordinance update, various amendments to the City’s Affordable Housing Production
Program (AHPP), and preparation of the City’s Housing Element.
Changing Regional Housing Trends
Housing development patterns and trends in the local and regional context have shown
a shift toward developers proposing higher density multi-family projects to offset rising
land value and construction costs. The shift to smaller units compared to traditional
standards for studios or one-bedroom apartments, often referred to SRO units or micro
units, has been seen regionally in urban-core locales. Development trends illustrate the
movement toward smaller average unit size, particularly in high-density, expensive
metropolitan markets on the US coasts where location-related factors, including
proximity to work and school, neighborhood amenities, and public transportation, are
key factors.
While SRO Housing has traditionally served a role in providing comparably affordable
housing in urban centers for service workers, low-income singles and the retired, or
served as a housing type for supportive and transitional housing, emerging trends show
that in higher density metropolitan areas, a focus has been on development of market-
rate rental apartment projects with SRO sized units.
These projects include units with kitchen and bathroom facilities and also prioritize
amenities outside of the unit for tenants, such as social gathering spaces both inside
and outdoors, fitness rooms, and communal kitchens for larger gatherings and events.
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In response to changing housing trends that reflect a balance between location, overall
unit square footage, and amenities, additional consideration should be given to how
livability is addressed through the physical design for market-rate Single-Room
Occupancy Housing.
Proposed Emergency IZO Concepts
While there is substantial evidentiary and policy support to continue Urgency Interim
Zoning Ordinance No. 2604’s prohibition of market-rate SRO uses citywide, there is
also support to authorize market rate SROs while imposing additional development
standards and amenities requirements, at least in the interim while Staff conducts a
more comprehensive analysis. While a difficult policy choice, staff opted to present the
latter choice to the Planning Commission who supported this approach. Staff further
presents this choice to the Council here, especially in light of the Planning
Commission’s April 3, 2019 recommendation.
More specifically, the following proposed emergency IZO amendments have been
brought forward with consideration given to state law requirements along with the
numerous discussions held over the years by City staff, decisionmakers, and
community members expressing the need for a diverse mix of quality housing options
built in the City. This mix of housing types – affordable housing, supportive housing, and
market-rate – would serve a wide range of household sizes and income levels as a
cornerstone for a complete community. These housing policy discussions have also
identified the need to consider changing regional housing trends and to ensure that
livability and wellbeing are factored in via the physical design of different housing types
and sizes.
This emergency IZO proposes to restructure the development standards for SROs,
without limiting the overall number of such units or structures, and to distinguish
between market-rate SRO Housing and Structures (units that are not rent-restricted)
from those projects that are proposed as 100% Affordable Housing Projects and certain
specialized housing uses such as emergency shelters, transitional housing, and
supportive housing as defined in SMMC Section 9.51.020.
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The proposed interim approach set forth in this emergency IZO responds to both
changing housing trends for market-rate housing products and supports the continued
need to promote affordable housing and certain specialized housing uses and remove
barriers for projects by non-profit affordable housing and social service providers in the
City while allowing the City to further study whether the market-rate SRO housing type
is consistent with the City’s overall housing policies and goals.
More specifically, this emergency IZO sets forth the following:
Create New SRO Structure Standards for Market-Rate SRO Projects.
• This concept would allow for Tier 1 SRO Housing without limiting the number of
units but require development standards and amenities differentiation between
market-rate SRO Housing and SRO Housing that is a 100% affordable housing
project or a specialized housing use.
• This concept would preserve the current standards set forth in SMMC Chapter
9.31 (Standards for Special Uses and Activities) for 100% affordable housing
projects and specialized housing uses. Maintaining current standards for these
types of SRO projects is recommended in recognition of the need to continue to
promote affordable housing and certain specialized housing uses, and to limit
barriers for projects by non-profit affordable housing and social service providers
in the City.
• Revised standards set forth in SMMC Chapter 9.31 for SRO Structures would
only apply to market-rate SRO Housing and would require the following in order
to better ensure that this housing type incorporates livability factors that will in
turn help promote community wellbeing:
1. Minimum of 220 SF in size, excluding separate bathroom and separate
closet per the International Building Code’s definition of an Efficiency
Dwelling Unit.
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2. No individual residential 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
SMMC Section 9.51.020(A)(1).
3. Must provide a separate bathroom.
4. Must provide a kitchen sink, cooking appliance and refrigeration facilities,
each having a clear working space of not less than 30 inches in front, per
the International Building Code’s definition of an Efficiency Dwelling Unit.
5. Enhanced Common Area requirements, provided in addition to any open
space requirements specified by the Zoning Code or Area/Specific Plan:
a. Increase from 4 to 10 square feet of common area per unit;
b. Increase from 200 to 400 square feet of interior ground floor entry
area with requirement to be programmed and operated with tenant
amenities;
c. New requirement for minimum of 200 square feet of common area
located on each floor dedicated to and programmed for tenant
amenities that provide a central focus for tenant social interaction,
including but limited to a game room, communal kitchen, shared
workspace, fitness, etc.
d. New specification that dedicated common area space that is, at a
minimum, the same size on the roof and programmed as a tenant
amenity would satisfy the common area requirement for one
building floor.
6. Requirements from current SRO Structures standards that would remain
the same:
a. Tenancy of SRO units shall be for 30 or more days.
b. 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.
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Applicability
The proposed Emergency Interim Zoning Ordinance would be effective immediately
after Council adoption and expire in 60 days (June 22, 2019), pursuant to Santa Monica
Charter Section and SMMC Section 9.46.090(C), unless otherwise extended by Council
up to a total of 60 months. Staff recommends that the Emergency IZO apply to any
market-rate SRO Housing Project that does not have a building permit as of March 26,
2019. If Council adopts this emergency IZO, prior to its 60-day expiration, staff would
recommend an extension of the interim ordinance in order to develop and implement
permanent revisions applicable SROs uses, as necessary.
Environmental Analysis
The proposed interim ordinance is categorically exempt from the provisions of the
California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the
State Implementation Guidelines (common sense exemption). Based on the evidence in
the record, including, but not limited to, evidence that the interim zoning provisions
represent a temporary change to development standards that would be more restrictive
than existing development standards, and would not result in increased mass or floor
area, it can be seen with certainty that there is no possibility that the proposed interim
ordinance would have a significant effect on the environment. Therefore, no further
environmental review under CEQA is required.
Next Steps
The proposed Emergency Interim Zoning Ordinance would expire 60 days from the date
of adoption on June 22, 2019. If Council adopts this emergency ordinance, prior to its
60-day expiration, staff would seek an extension of this interim ordinance to develop
and implement permanent revisions applicable to SRO uses, as necessary, and in
coordination with the Council’s anticipated review of the City’s medium term housing
policies and analysis of new housing models later this summer. Another approach, if
directed by the Council, could be a more permanent prohibition of market-rate SRO
uses, consistent with all applicable laws, in order to ensure a balanced range of housing
types meeting all the objectives of local land use policies designed to provide a diverse
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housing stock of both affordable and market-rate units meeting the needs of the full
range of family and household sizes. . A permanent prohibition of market-rate SROs
would be analyzed in the context of the City’s broader housing objectives and studied
relative to the impact such a prohibition could have on the Zoning Ordinance’s current
regulations as well as all applicable State laws. First reading of such an ordinance could
be presented to Council as soon as May 14, 2019.
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the
recommended action.
Prepared By: Roxanne Tanemori, Principal Planner
Approved
Forwarded to Council
Attachments:
A. Attachment A Definitions Council SRO Emergency IZO 4-23-19
B. Attachment B Planning Commission Comments Council SRO Emergency IZO 4-
23-19
C. PCD - Emergency IZO - Single Room Occupancy (SRO) - 04.23.19
D. Written Comments
Attachment A
Zoning Ordinance Definitions of Single-Occupancy Housing and Related Terms
Single-Occupancy Room Housing
For the purposes of this staff report, Single-Room Occupancy Housing includes SRO
Structures, with residential units that may, but are not required, to have kitchen or
bathroom facilities; must have at least 150 SF of floor area, excluding closet and
bathroom; and are less than 375 SF in size. More specifically, Single-Room Occupancy
Housing is a residential use classification and is currently listed as a sub-set of Multiple-
Unit Dwelling set forth in (SMMC Section 9.51.020(A)(1)(d)(ii)):
A. Residential Use Classifications.
1. Residential Types.
d. Multiple-Unit Dwelling. 2 or more dwelling units within a single building
or within 2 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.
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.
Dwelling Unit
The definition of Dwelling Unit is provided as follows:
One or more rooms designed, occupied or intended for occupancy as separate
living quarters, with full cooking, sleeping and bathroom facilities for the exclusive
use of a single household. A dwelling unit shall exceed 375 square feet in size
pursuant to SMMC Section 9.52.020.0730.
Single-Room Occupancy Structures
SRO Housing is also defined by standards for specific uses established for SRO
Structures (SMMC Section 9.31.330):
9.31.330 Single Room Occupancy Structure
Single Room Occupancy (SRO) structures shall be located, developed, and
operated in compliance with the following standards:
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 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.
100% Affordable Housing Project
Pursuant to SMMC Section 9.52.0050, a 100% Affordable Housing Project is defined as
follows:
Housing projects with a minimum of 25% of the units deed restricted or restricted
by an agreement approved by the City for occupancy by 60% Income Households
or less and the remainder of the housing units are deed restricted or restricted by
an agreement approved by the City for occupancy by 80% Income Households or
less. Such projects may include nonresidential uses not to exceed 33% of the
project’s total floor area.
Specialized Housing Uses
If an SRO Structure is developed as a 100% Affordable Housing Project as defined by
SMMC Section 9.52.0050 and/or is one of the following specialized housing uses set forth
in SMMC Section 9.51.020, revised standards for specific uses (SRO Structure) shall not
apply:
A. Residential Use Classifications.
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 them selves, and is
licensed as a skilled nursing facility by the State of California, including, but not
limited to, 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.
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, Senior. 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 as 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.
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 Sec tion 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 another 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 classification includes domestic violence shelte rs. See Division 3,
Section 9.31.110, Congregate and Transitional Housing, for further details.
Attachment B
Summary of Planning Commission Comments, April 3, 2019
It would be preferable to address all the policy issues raised around the emerging
housing models at once and in a more comprehensive manner. There is a need
for the City to explore a wide range of these housing types, including SRO
housing, co-living, corporate housing, student housing, etc., and bring back more
detailed information so the Planning Commission can discuss and make
recommendations before the proposed SRO Housing IZO expires in a year.
As the broader discussion of new housing models continues, the City needs to
explore creating regulations pertaining to tenancy, leasing only to natural
persons, and address the concept requiring certain types of housing to be for
long-term tenancy.
One Commissioner states that requiring kitchen and bathrooms in these units
does not provide the level or type of flexibility needed in an SRO housing project.
Consider a cap on the number of residents who can live in a unit in an SRO
Structure. These projects will increase overall density in an area.
The discussion on SRO units has gone back and forth over the years; there is
more openness to the idea of smaller units but flexibility is necessary. The
requirement for more common area needs to be thought through – as those
spaces may not be used as needs change.
Consider that if we create diverse communal spaces and activities in places like
the 3rd Street Promenade, perhaps just a bedroom rental is fine. The need to
focus on long-term tenancy is very important in the discussion of regulations for
new housing models.
The market drives housing products and the City must be flexible and adaptable
to change.
A mix of residents in the Downtown is a policy objective. We need to consider
how to resolve the issues around this housing type; we need to acknowledge that
construction costs have risen and times have changed. Keep these ideas in mind
as staff moves forward on the housing discussion Citywide, and consider the
need for walkable neighborhoods in the Bergamot Area Plan and Memorial Park
Area Plan. Consider whether parking is required in these areas for market -rate
SRO projects.
Proposed IZO is a good start, but it will be better for staff and the Commission to
have more time to consider these complex issues.
The idea of requiring more shared spaces and common areas is a positive and
these shared areas are a necessity for co-living, SRO type housing, and other
flexible housing types. We should keep minimum requirements.
Remember that projects that are built regarding small units and co-living type
housing may be modified in the future when the market changes and smaller
units are recombined to make larger but fewer units. How staff proposes to
address the parking requirement today for smaller units/shared living models is
something to consider in the event that larger units are formed in the future.
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City Council Meeting: April 23, 2019 Santa Monica, California
ORDINANCE NUMBER _____ (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 prohibition 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 for
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 37 5
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 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 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 otherwise extended pursuant to Santa
Monica Municipal Code Section 9.46.090.
APPROVED AS TO FORM:
_________________________
LANE DILG
City Attorney
April 23, 2019
RE: Item 7B
Dear Mayor Davis and Councilmembers:
My comments regarding this item are as follows:
Timing. I believe that directing the Planning Commission and staff to return, within 60 days, with
a well thought out and thoroughly researched permanent Zoning Ordinance amendment dealing
with the issues of co-housing and micro-units is unrealistic. It therefore seems reasonable to
assume that the 60-day IZO term will be extended upon its expiration or the term made longer
as part of your action tonight.
Market Trends. The co-housing model is being used extensively in urban areas throughout the
country. It reflects changes in housing market trends and should be embraced by the City of
Santa Monica. The existing models include housing for millennials, down-sizing seniors and
families. It is a realistic model that offers more affordable market rate housing opportunities,
communal and, therefore, community-building living environments, and residential density near
transit. More research on this model should be undertaken and recommendations for its
adaptation to Santa Monica should be presented to the Planning Commission and the City
Council.
Household Diversity. The LUCE calls for housing production that engenders a diversity of
households. Whether the two-and three-bedroom units being produced are or will be occupied
by families should be considered, and, if not, perhaps a re-thinking of the City’s minimum average
bedroom number should be undertaken. The very high monthly rents for these larger units, plus
common areas that are generally not child-friendly, make it seem unlikely that families are
actually occupying these units. The Planning Commission has seen several recent projects with
small three bedroom, three bath units. It is likely that this type of rental unit is being proposed
as a response to housing market trends and will be occupied by individuals rather than families.
Common Areas. Common area space, including shared kitchens, are important elements of co-
housing projects since they encourage social connectedness. That said, the size of these common
areas should be determined based on economic feasibility particularly in the case of proposed
tier 1 projects.
Thank you for the opportunity to comment. I look forward to further discussion on these issues.
Respectfully,
Leslie Lambert, Sunset Park Resident
Item 7-B
04/23/19
1 of 1 Item 7-B
04/23/19
REFERENCE:
ORDINANCE NO. 2609 (CCS)