R114811
City Council Meeting: October 25, 2022 Santa Monica, California
RESOLUTION NUMBER 11481 (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ESTABLISHING A HOME-SHARE LEGALIZATION PROGRAM
WHEREAS, on May 12, 2015, the Council adopted Ordinance 2484 (CCS), adding
Santa Monica Municipal Code Chapter 6.20, Home -Sharing and Vacation Rentals, to
clarify the City’s long-standing prohibition of renting any dwelling unit, in whole or in part,
for a period of thirty consecutive days or less for exclusive transient use , or “vacation
rentals”, and to relax that prohibition by allowing renting of one or more bedrooms in a
dwelling unit that is the primary residence of the host for a period of thirty consecutive
days or less, while the host lives on site, in the dwelling unit, throughout the visitors’ stay,
or “home-sharing” (the “Home-Sharing Ordinance”); and
WHEREAS, on January 24, 2017, Council adopted Ordinance 2535 (CCS) to
amend the Home-Sharing Ordinance to clarify certain definitions and, in response to
portions of the ordinance challenged by home -sharing platforms, to limit the obligations
imposed on those platforms; and
WHEREAS, on June 27, 2017, Council adopted Ordinance 2547 (CCS), to amend
the Home-Sharing Ordinance to treat accessory dwelling units (“ADUs”) that received
building permits on or after March 31, 2017 as separate dwelling units for the purpose of
defining home-sharing activity; and
WHEREAS, on September 24, 2019, Council adopted Ordinance 2616 (CCS), to
further amend the Home-Sharing Ordinance to strengthen regulation of home-sharing
and vacation rentals; and
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WHEREAS, permitting regulated home-sharing while prohibiting vacation rentals
strikes an important balance: allowing residents to supplement their income through
home-sharing and providing home-share visitors with potentially more affordable
accommodations, while deterring landlords from evading rent control laws, evicting
tenants, and converting residential units into de facto hostels or hotels, thus removing
needed permanent housing from the market while at the same time changing the
character of and undermining community ties in residential neighborhoods ; and
WHEREAS, Santa Monica Municipal Code Section 9.21.020 provides that
accessory structures shall be considered part of the principal building if the accessory
building is located less than 6 feet from the principal building or if connected to it by fully
enclosed space; and
WHEREAS, Santa Monica Municipal Code Section 9.21.020 prohibits an
accessory structure from containing a shower or tub enclosure; and
WHEREAS, the Santa Monica Municipal Code previously required certain property
owners to record deed restrictions which, in part, prohibited using accessory structures
that were not accessory dwelling units as rented rooms or sleeping quarters; and
WHEREAS, since September 2020, the City has denied approximately
applications for renewal of home-share licenses for properties that were previously
approved for home-share due to changes in regulations in the home-share regulations or
because the permits were previously erroneously issued; and
WHEREAS, on June 8, 2021, City Council directed staff to return with proposed
amendments to Santa Monica Municipal Code Chapter 6.20, the City’s home-sharing
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ordinance, to allow the home-sharing of detached accessory buildings located more than
six feet from the main building occupied by the host; and
WHEREAS, amendments to Santa Monica Municipal Code Section 9.21.020 are
necessary for consistency with Council direction; and
WHEREAS, amendments to Santa Monica Municipal Code Chapter 6.20 and
Section 9.21.020 remain pending; and
WHEREAS, the City Council now desires to establish a home-share legalization
program that would allow Council to authorize previously licensed home-share operators
to receive a temporary, conditional license to resume operations pending updates to the
Home-Share Ordinance, as long as the proposed home-share units do not have any
outstanding unpermitted work in order to protect the health and safety of home -sharing
guests.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
SECTION 1. Establishment of Program. The City Council hereby establishes a
Home-Share Legalization Program in accordance with the terms and conditions set forth
herein.
SECTION 2. Authorization to Issue Temporary Permits; Eligibility. The City
Manager, or designee, is hereby authorized to issue temporary, conditional home-sharing
permits if applicant satisfies all of the following:
A. The City previously issued the applicant a home-share permit for the
dwelling unit in accordance with Chapter 6.20.
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B. The City subsequently denied the applicant’s request to renew the home-
share permit due to changes in the City’s home-share regulations or because the permit
was previously erroneously issued.
C. The building or structure applicant proposes to use for home-sharing
activities does not have any outstanding code violations for unpermitted work. To satisfy
this condition, applicants must obtain building permits and final inspection approval for
the proposed building or structure to ensure that spaces meet all health and safety
requirements for overnight occupancy.
SECTION 3. Applicability of home-share and related regulations.
A. Notwithstanding anything to the contrary in the Santa Monica Municipal
Code or applicable administrative regulations, the following provisions shall not apply to
permittees receiving permits in accordance with the Home-Sharing Legalization Program:
1. Requirement that the accessory structure being proposed for home-
share is within 6 feet of the primary residence in accordance with Santa Monica
Municipal Code Sections 6.20.010(c) and 9.21.020(A).
2. Prohibition against accessory structures containing a shower or tub
enclosure in accordance with 9.21.020(A).
3. Requirement that an ADU receive a building permit prior to March
31, 2017 to allow home-sharing by the long-term resident of the principal dwelling
unit in accordance with Santa Monica Municipal Code Section 6.20 .010(c).
B. Provisions in real property deed restrictions in favor of the City that are
recorded against a permittee’s property and prohibit use of an accessory structure as a
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rented room or sleeping quarters shall not be enforced against permittees with a valid
permit issued pursuant to the Home-Share Legalization Program.
C. Except as provided in this Section 3, home-sharing operations conducted
pursuant to a permit issued in accordance with the Home -Share Legalization Program
are subject to all applicable law and accompanying administrative regulations.
SECTION 4. Term. Permits issued pursuant to shall expire on the earlier of : 1)
effective date of amendments to Santa Monica Municipal Code Chapter 6.20 and Section
9.21.020 as described herein; or 2) June 30, 2023, unless otherwise terminated earlier in
accordance with the terms of the permit.
SECTION 5. The City Clerk shall certify to the adoption of this Resolution, and
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
_________________________
DOUGLAS SLOAN
City Attorney
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Adopted and approved this 25th day of October 2022.
____________________________
Kristin McCowan, Mayor Pro Tem
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby
certify that Resolution No. 11481 (CCS) was duly adopted at a meeting of the Santa
Monica City Council held on the 25th day of October 2022, by the following vote:
AYES: Councilmembers Brock, Davis, De la Torre, Negrete, Parra,
Mayor Pro Tem McCowan
NOES: None
ABSENT: Mayor Himmelrich
ATTEST:
_____________________________________
Denise Anderson-Warren, City Clerk
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