O26551
City Council Meeting: October 27, 2020 Santa Monica, California
ORDINANCE NUMBER 2655 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS
6.22.020 AND 6.22.100 TO REVISE THE REQUIREMENTS FOR PRIMARY
RESIDENCE AND PROVIDE FOR CERTAIN EXEMPTIONS FROM RESIDENTIAL
LEASING REQUIREMENTS
WHEREAS, the State is experiencing a severe housing crisis that is driving the
cost of living beyond the reach of an increasing share of the population; and
WHEREAS, the City has long been committed to ensuring that Santa Monica is an
inclusive and affordable community despite mounting market pressures; and
WHEREAS, through discussions that occurred as part of the adoption process for
the City’s major policy documents, including the Land Use and Circulation Element
(“LUCE”) of the City’s General Plan in 2010, the current Housing Element in 2013, the
City’s new Zoning Ordinance, Chapters 9.01 through 9.52 of Article 9 of the Santa Monica
Municipal Code (“Zoning Ordinance”) in 2015, and the Downtown Community Plan in
2017, and recent amendments to the City’s Affordable Housing Production Program, the
City has identified the need for a variety of housing types to serve all household sizes at
all income levels; and
WHEREAS, with approximately 75% of its residents in rental housing, the City has
maintained a long-standing commitment to protecting tenants and existing rental housing
stock, particularly in rent-controlled housing; and
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WHEREAS, within the context of the Statewide housing shortage and associated
impacts on housing affordability, the City has an interest in ensuring that its rental housing
stock is retained for permanent housing to the greatest extent possible; and
WHEREAS, on August 14, 2018, in light of rapidly-intensifying market pressures
on local rents, Council directed staff to study what constitutes “corporate housing” and
“short-term rentals” for purposes of the Santa Monica Municipal Code; and
WHEREAS, on December 18, 2018, the City Council conducted a study session
on corporate housing in response to growing concerns about the erosion of the City’s
supply of affordable housing due to market pressures, expressing particular concern
about adverse impacts of renovation of rent-controlled housing and construction of new
housing that appeared intended to facilitate temporary occupancy; and
WHEREAS, as a result of the December 18, 2018 study session, Council directed
staff to bring back options for protecting rent-controlled units, amending the corporate
housing definition, revising the Zoning Ordinance to address new housing models, and
enhancing enforcement measures to maximize the use of the City’s housing stock for
permanent housing; and
WHEREAS, on September 10, 2019, the City Council conducted a study session
on policy options for existing housing stock and new housing models, smaller units, co-
living models and transitory-based housing models; and
WHEREAS, at the conclusion of the September 10, 2019 study session, Council
directed staff to examine amendments to the Municipal Code to clarify and update
regulations for multiple-unit dwellings and related uses, to possibly allow for new housing
models and housing for persons who wish to reside in the City temporarily in certain areas
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in the City, but to prioritize protections for use as permanent housing of rent-controlled
units and the City’s existing housing stock in residential districts; and
WHEREAS, temporary housing, with lease terms of more than thirty days but less
than a year, typically has a higher monthly price point than rental housing subject to
annual leases, thereby increasing market pressure on rents; and
WHEREAS, increased demand for rental housing in the City, combined with rising
housing costs across the City and the State, have made it increasingly difficult for those
who live and work in Santa Monica to find rental housing that is available, affordable, and
meets their needs; and
WHEREAS, on September 8, 2020, the City Council adopted Ordinance Number
2650 (CCS), adding Santa Monica Municipal Code Chapter 6.22: Residential Leasing
Requirements (the “residential leasing regulations”), which required, among other things,
that: residential housing units may be leased only to natural persons (Section 6.22.040);
residential housing units may be leased only to tenants who will use and occupy the units
as their primary residence (Section 6.22.050); residential housing units may be leased
only if the initial lease term is of no less than one year (Section 6.22.060); and residential
housing units may be leased only unfurnished (Section 6.22.070); and
WHEREAS, based on public comments prior to the time of adoption, the City
Council directed staff to consider public comments and return as quickly as possible with
any recommended modifications to the residential leasing regulations as adopted; and
WHEREAS, the City is dedicated to ensuring undocumented students have access
to rental housing, and desires to ensure proof of primary residence is not unduly
burdensome for those students; and
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WHEREAS, exempting from the residential leasing regulations certain leases of
(a) owner-occupied single- and multiple-unit dwellings and (b) accessory dwelling units
and junior accessory dwelling units located on parcels with owner-occupied single-unit
dwellings will not adversely impact the availability of permanent rental housing stock and
will provide a potential housing option for residents who may temporarily need to vacate
their homes due to emergency repairs or remodels; and
WHEREAS, Santa Monica Municipal Code Chapters 4.36 and 8.100 provide
protections for tenants when: a landlord is required to temporarily recover possession of
a rental housing unit in order to comply with housing, health, building, fire, or safety laws
of the State of California or the City of Santa Monica; a rental housing unit has been
rendered uninhabitable, necessitating the tenant(s) of the housing unit to no longer dwell
within that unit; a tenant is required to vacate a rental housing unit upon the order of any
government officer or agency because work being performed in the rental housing unit
requires a temporary relocation of tenants; or a construction means and method plan
demonstrates, as determined by the Building Officer, that the work being performed on
the property may require that tenants be temporarily relocated; and
WHEREAS, in accordance with Santa Monica Municipal Code Section 4.36.100,
a landlord may elect to provide a tenant with temporary rental housing to satisfy the City’s
tenant protections during temporary relocation; and
WHEREAS, exempting from the residential leasing regulations leases that provide
for temporary relocation housing for tenants who are subject to temporary relocation
under Santa Monica Municipal Code Section 4.36.100 or 8.100.030 will further the ability
of landlords to find temporary rental housing for such tenants within the City.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 6.22.020 is hereby amended
to read as follows:
6.22.020 Definitions.
For purposes of this Chapter, the following words or phrases shall have the
following meanings:
(a) “Landlord” means an owner, lessor, sublessor, or any other person entitled
to receive rent for the use and occupancy of any rental housing unit, or an agent,
representative or successor of any of the foregoing.
(b) “Lease” means an agreement, oral or written or implied, between a landlord
and a tenant for use or occupancy of a rental housing unit, or any portion of a rental
housing unit, and for housing services.
(c) “Primary Residence” means the usual place of return for housing of an
owner or tenant, as documented by at least two of the following: motor vehicle registration;
driver’s license or California state identification card; voter registration; income tax return;
proof of payment of resident tuition to a California public institution of higher education,
including proof of payment in accordance with an exemption to payment of nonresident
tuition under California Assembly Bill 540, the California DREAM Act; or a utility bill. An
owner or tenant can only have one primary residence.
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(d) “Rental housing unit” means any of the following that is used as rental
housing within the City:
(i) A dwelling unit, as defined by Santa Monica Municipal Code
Section 9.52.020.0730, except that a dwelling unit for purposes of this Chapter
may be less than 375 square feet in size;
(ii) An accessory dwelling unit, as defined by Santa Monica Municipal
Code 9.51.020(A)(1)(b);
(iii) A junior accessory dwelling unit, as defined by Santa Monica
Municipal Code Section 9.51.020(A)(1)(f); or
(iv) A unit in single-room occupancy housing, as defined by Santa
Monica Municipal Code Section 9.51.020(A)(1)(d)(i).
(e) “Sublease” means a lease by a tenant to a subtenant transferring the right
to possession to some or all of a rental unit for a term shorter than that of the tenant.
(f) “Tenant” means a tenant, subtenant, lessee, sublessee or any other person
entitled under the terms of a lease to use or occupancy of any rental housing unit.
(g) “Unfurnished rental housing unit” means a rental housing unit that is
delivered by the landlord to the tenant without any furnishings, computer equipment,
housewares, bed linens, towels, artwork, televisions, entertainment systems, or
appliances except for a stove, a refrigerator, a microwave, a dishwasher, a clothes
washing machine and/or a clothes dryer.
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SECTION 2. Santa Monica Municipal Code Section 6.22.100 is hereby amended
to read as follows:
6.22.100 Applicability
(a) This chapter shall not apply to:
(1) Rental housing units lawfully occupied and subject to a written lease
as of the effective date of this Ordinance until the tenant or tenants using and
occupying the rental housing unit vacate the unit;
(2) Rental housing units lawfully occupied and not subject to a written
lease as of the effective date of this Ordinance until the tenant or tenants using
and occupying the rental housing unit vacate the unit;
(3) Home-sharing lawfully conducted in accordance with Santa Monica
Municipal Code Chapter 6.20;
(4) Leases that provide for temporary relocation housing for tenants who
are subject to temporary relocation under Santa Monica Municipal Code Sections
4.36.100 or 8.100.030;
(5) Leases of rental housing units that are single-unit dwellings or
dwelling units in multiple-unit dwellings if all of the following apply:
(i) At the time of the lease, the rental housing unit is occupied by
the owner as the owner’s primary residence;
(ii) Within the prior ten years, a tenant did not leave the rental unit
as the result of an owner-move-in eviction, an Ellis Act eviction, or the buy-
out of a rental agreement after the prior tenant was provided with notice of
an intent to exercise an owner-move-in eviction or an Ellis Act eviction;
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(iii) The rental housing unit is leased by the owner for a period
less than one year with the intent of the owner to return to reoccupy the
rental housing unit as the owner’s primary residence at the expiration of the
rental period; and
(iv) The rental housing unit is rented out no more than two times per
calendar year for a total period of less than six months; and
(6) Leases of rental housing units that are ADUs or JADUs for which
plans have been submitted for plan check by no later than December 31, 2020, if
all the following apply:
(i) The rental housing unit is located on a parcel improved with a
single-unit dwelling occupied by the owner as the owner’s primary
residence;
(ii) The rental housing unit is rented for a period of more than
thirty days and less than one year; and
(iii) The owner of the single-unit dwelling lives on site through the
duration of the lease.
(b) In the event of any conflict between the provisions of this Chapter and any
laws, regulations, requirements governing rental housing units described in paragraphs
(1) and (2) below, those laws, regulations or requirements shall prevail.
(1) Rental housing units owned or operated by any government agency
or whose rent is subsidized by any government agency, including but not limited
to subsidies under the federal government’s Housing Choice Voucher program
(Section 8); and
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(2) Rental housing units subject to a covenant or agreement, such as an
inclusionary housing agreement or an affordable housing agreement, with a
government agency, including the City, the State of California, or the federal
government, restricting the rental rate that may be charged for that unit.
SECTION 3. 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 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 within 15 days after its adoption. This Ordinance shall become effective 30
days from its adoption.
APPROVED AS TO FORM:
______________________
GEORGE S. CARDONA
Interim City Attorney
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Approved and adopted this 27th day of October, 2020.
_____________________________
Kevin McKeown, Mayor
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. 2655 (CCS) had its introduction
on October 13, 2020 and was adopted at the Santa Monica City Council meeting
held on October 27, 2020, by the following vote:
AYES: Councilmembers Davis, Himmelrich, McCowan, Winterer, Jara,
Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
ATTEST:
_____________________________________ _________________
Denise Anderson-Warren, City Clerk Date
A summary of Ordinance No. 2655 (CCS) was duly published pursuant
to California Government Code Section 40806.
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11/2/2020