SR 05-09-2023 10E 400-004-19 / 1101-010
City Council
Report
City Council Meeting: May 9, 2023
Agenda Item: 10.E
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To: Mayor and City Council
From: David Martin, Director, City Planning
Subject: Introduction and First Reading of an Ordinance to Amend Santa Monica
Municipal Code Chapter 6.20, Home-Sharing and Vacation Rentals, to
Authorize Home-Sharing in Certain Qualifying Accessory Structures and
Incorporate a Home-Sharing Legalization Program
Recommended Action
Staff recommends that City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section
15061(b)(3) (Common Sense Exemption) of the California Environmental Quality
Act (CEQA) Guidelines set forth in “Environmental Analysis”; and
2. Introduce for first reading an ordinance amending Santa Monica Municipal Code
Chapter 6.20, Home-Sharing and Vacation Rentals, to authorize home-sharing in
certain accessory structures and incorporate a home-sharing legalization
program.
Summary
On June 8, 2021, City Council directed staff to return with proposed amendments to
SMMC Chapter 6.20, the City’s home-sharing ordinance, to allow the home-sharing of
detached accessory buildings located more than six feet from the main building
occupied by the host. Amendments to SMMC Section 9.21.020 (Accessory Structures)
were also identified as necessary for consistency with Council direction.
On October 25, 2022, the City Council adopted Resolution 11481 (CCS) to create a
special home-share legalization program to authorize previously permitted home -share
operators to receive a temporary, conditional permit to resume operations pending
updates to the home-share ordinance and zoning ordinance. More specifically,
Council’s Resolution 11481 (CCS) establishes a limited-term program through June 30,
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2023 to allow the home-sharing of certain accessory dwelling units (ADUs) and
detached accessory buildings located more than six feet from the main building
occupied by the host, as long as the proposed home -share units do not have any
outstanding unpermitted work.
The proposed ordinance contains amendments to the home-sharing ordinance (Santa
Monica Municipal Code [SMMC] Chapter 6.20) that are consistent with the Council’s
June 8, 2021 and October 25, 2022 actions. The companion zoning ordinance
amendment (SMMC Section 9.21.020) was recently codified on April 11, 2023 as part of
the Council’s approval of amendments for Phase One Housing Element program
implementation. Together, these two ordinance amendments would complete the
subsequent actions needed in response to Council’s earlier direction regarding the
City’s home-share program whereby allowing the use of certain accessory structures
more than six feet away from the main building for home-sharing and a very limited
number of previously permitted home-share operators to resume operations in a
manner that is consistent with zoning and home -share regulations.
Background
On May 12, 2015, Council adopted Ordinance 2484 (CCS) to clarify the long -standing
prohibition of vacation rentals and to allow and impose regulations on home-sharing. 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.
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. 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.
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On June 8, 2021, City Council directed staff to return with proposed amendments to
SMMC Chapter 6.20, the City’s home-sharing ordinance, to allow the home-sharing of
detached accessory buildings located more than six feet from the main building
occupied by the host. Amendments to SMMC Section 9.21.020 (Accessory Structures)
were also identified as necessary for consistency with Council direction.
Temporary Home-Sharing Legalization Program
Attachment “A” provides a link to the Council staff report that provides a detailed
discussion of the key issues that serve as background to the Council’s establishment of
the temporary legalization program. In summary, prior to the Council’s October 25th
resolution, then-existing home-share and accessory building regulations did not provide
a way for certain property owners to continue to home-share their detached structures,
even though they were previously permitted by the City for home-share.
The following are the conditions to qualify for the program that were established by the
Council on October 25, 2022:
1. The home-share applicant must have been previously permitted by the City to
home-share;
2. The home-share applicant’s request to renew their permit must have been
denied by the City due to changes in home-share regulations or because the
permit was previously erroneously issued; and
3. The proposed home-share unit cannot have any outstanding violations for
unpermitted work. This would require homeowners to obtain building permits and
final inspection approval for their home-share units to ensure that spaces are
safe for overnight occupancy.
The temporary home-share legalization program adopted by resolution on Octo ber 25,
2022 is in effect until June 30, 2023 and was established to allow qualified property
owners to receive home-share permits while necessary code amendments are pending.
The resolution also provides a pathway to incentivize previously permitted home-share
operators to obtain building permits and final inspection to ensure that home -share units
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meet current Building and Fire Codes and by doing so, they are eligible to obtain a
home-share permit to resume their home-share operation.
Since Council adopted the temporary home-share legalization program in October
2022, several eligible property owners subsequently received approval to resume
home-sharing and several others are in the process of building permit review and
approval to allow them to resume home-sharing. The proposed amendments would
authorize the City to issue business licenses and home -sharing licenses for qualifying
operators going forward.
Discussion
In response to Council’s direction, the proposed amendments to the City’s home -share
regulations (Attachment “C”) set forth in SMMC Chapter 6.20 include the following:
• Eliminate requirement that an accessory building proposed for home-sharing
must be within 6 feet of the primary residence; thus allowing accessory buildings
eligible for home-sharing to be located anywhere on the same property as
primary residence.
• Consistent with the Home-Share Legalization Program:
o Limit enforcement of deed restrictions recorded against a permitee’s
property that prohibit use of an accessory structure as a ren ted room or
sleeping quarters when the permittee has a valid permit issued pursuant
to the Home-Share Legalization Program; and
o Eliminate requirement that an ADU have received a building permit prior to
March 31, 2017, in order to allow home-sharing by the long-term resident
of the primary dwelling when the permittee has a valid permit issued
pursuant to the Home-Share Legalization Program.
On April 11, 2023, the Zoning Ordinance amendments also eliminated the prohibition
against accessory buildings containing a shower or a tub enclosure.
The Council’s April 11, 2023 approval of the Zoning Ordinance amendment outlined
above coupled with the proposed changes to SMMC Chapter 6.20 set forth in
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Attachment “C” would complete the subsequent actions needed in response to
Council’s earlier direction regarding the City’s home-share program. The ordinance
amending SMMC Chapter 6.20 would go into effect 30 days after second reading which
would be scheduled to occur prior to the June 30, 2023 expiration of the tempora ry
program.
Environmental Analysis
The proposed amendment to SMMC Chapter 6.20 would modify regulations related to
the home-sharing and would allow a very limited number of previously permitted home-
share operators to apply to resume operations in a manner that is consistent with
zoning regulations. The proposed amendment to SMMC Chapter 6.20 is exempt from
the provisions of the California Environmental Quality Act (CEQA) pursuant to Section
15061(b)(3) of the CEQA Guidelines. Based on the evidence in the record, it can be
seen with certainty that there is no possibility that the proposed changes will have a
significant effect on the environment. The home-share code amendments would allow
the resumption of operations in locations that were previously permitted for home-share
on properties with existing dwelling units. All home-share units would need to be fully
permitted and complete final inspection in order to be eligible for this program.
Therefore, no further environmental review under CEQA is required.
Past Council Actions
Meeting Date Description
5/12/2015 (Attachment D) Ordinance 2484 – Home-sharing Ordinance
1/24/2017 (Attachment E) Ordinance 2535 – Home-sharing Ordinance
update; amend definitions, limit obligations on
hosting platforms
6/27/2017 (Attachment F) Ordinance 2547 – Home-sharing Ordinance
update; treatment of accessory dwelling units
9/24/2019 (Attachment G) Ordinance 2616 – Strengthen regulation of home-
sharing and vacation rentals
10/25/2022
(Attachment B)
Resolution 11481 – Establish a special home-
share legalization program to authorize previously
permitted home-share operators to resume
operations pending updates to the home-share
ordinance and zoning ordinance
4/11/2023 (Attachment H) Zoning Ordinance amendments for Housing
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Element implementation, including amendments to
accessory structures
Financial Impacts and Budget Actions
Home-share properties are required to collect and remit the City’s Transient Occupancy
Tax. If the proposed amendment results in an increase in the num ber of home-share
properties, there may be an increase in tax revenues. However, some of the properties
that were previously permitted for home-share before being denied continued to pay the
tax. Therefore, any increase in tax revenues is anticipated to be minor.
Prepared By: Roxanne Tanemori, Principal Planner
Approved
Forwarded to Council
Attachments:
A. Link to Council Action 10-25-2022
B. Homeshare Legalization Program 10-25-2022 (Res 11481)
C. CDD-Ord-Home-Sharing Legalization Program 050923
D. Homeshare (Ord 2484)
E. Homeshare (Ord 2535)
F. Homeshare (Ord 2547)
G. Homeshare (Ord 2616)
H. Previously Approved Zoning Ord Amendment for Homeshare
I. PowerPoint Presentation
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Attachment A
Background Adoption of a Resolution to Establish a Home-Share
Legalization Program
October 25, 2022 Council Meeting
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Packet Pg. 1081 Attachment: Link to Council Action 10-25-2022 (5690 : Homeshare Regulations – Permanent Ordinance Amending Chapter 6.20 (10 min))
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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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Packet Pg. 1082 Attachment: Homeshare Legalization Program 10-25-2022 (Res 11481) (5690 : Homeshare Regulations – Permanent Ordinance Amending
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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
DocuSign Envelope ID: 97D93EF9-21B6-43CF-BD64-461DF5155DD2
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Packet Pg. 1083 Attachment: Homeshare Legalization Program 10-25-2022 (Res 11481) (5690 : Homeshare Regulations – Permanent Ordinance Amending
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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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Packet Pg. 1086 Attachment: Homeshare Legalization Program 10-25-2022 (Res 11481) (5690 : Homeshare Regulations – Permanent Ordinance Amending
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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Packet Pg. 1087 Attachment: Homeshare Legalization Program 10-25-2022 (Res 11481) (5690 : Homeshare Regulations – Permanent Ordinance Amending
City Council Meeting: May 9, 2023 Santa Monica, California
ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SANTA MONICA MUNICIPAL CODE CHAPTER 6.20, HOME-SHARING
AND VACATION RENTALS, TO AUTHORIZE HOME-SHARING IN CERTAIN
QUALIFYING ACCESSORY STRUCTURES AND INCORPORATE A HOME-SHARING
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
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Packet Pg. 1088 Attachment: CDD-Ord-Home-Sharing Legalization Program 050923 [Revision 1] (5690 : Homeshare Regulations – Permanent Ordinance
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
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 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
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Packet Pg. 1089 Attachment: CDD-Ord-Home-Sharing Legalization Program 050923 [Revision 1] (5690 : Homeshare Regulations – Permanent Ordinance
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
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 were
also necessary for consistency with Council direction; and
WHEREAS, until the amendments to Chapter 6.20 and Section 9.21.020 could
occur, on October 25, 2022, City Council adopted a Resolution to Establish a Home-
Sharing Legalization Program (“Program”) that allowed 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;
WHEREAS, that Program expires on the earlier of: 1) effective date of
amendments to Santa Monica Municipal Code Chapter 6.20 and Section 9.21.020; or (2)
June 30, 2023; and
WHEREAS, on April 11, 2023, the City Council adopted Ordinance Number 2742
(CCS), amending the text of the Zoning Ordinance to, among other things, eliminate the
prohibition on accessory structures from containing a shower or tub enclosure, which is
expected to become effective May 11, 2023; and
WHEREAS, Council now seeks to codify the Program through amendments to
Chapter 6.20 prior to the June 30, 2023, expiration date.
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Packet Pg. 1090 Attachment: CDD-Ord-Home-Sharing Legalization Program 050923 [Revision 1] (5690 : Homeshare Regulations – Permanent Ordinance
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 6.20.010 is hereby amended
to read as follows:
6.20.010 Definitions.
For purposes of this Chapter, the following words or phrases shall have the following
meanings:
(a) Accessory Dwelling Unit. “Accessory Dwelling Unit” shall have the same
meaning as set forth in 9.21.020(A). An accessory dwelling unit that received its building
permit on or after March 31, 2017 , constitutes a separate dwelling unit for purposes of
this Chapter.
(b)(a) Bedroom. Any habitable space in a dwelling unit other than a kitchen or living
room that is intended for or capable of being used for sleeping, is at least seventy square
feet in area, is separated from other rooms by a door, and is accessible to a bathroom
without crossing another bedroom.
(c)(b) Booking Transaction. Any reservation or payment service provided by a person
who facilitates a home-sharing or vacation rental transaction between a prospective
visitor and a host.
(d)(c) Dwelling Unit. 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 includes a single ‐family residence,
and each unit of an apartment, duplex, or multiple dwelling structure designed as a
separate habitation for one or more persons, but does not include units located within
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Packet Pg. 1091 Attachment: CDD-Ord-Home-Sharing Legalization Program 050923 [Revision 1] (5690 : Homeshare Regulations – Permanent Ordinance
City-approved hotels, motels, and bed and breakfasts, as defined in Section
9.51.030(B)(15). Notwithstanding anything to the contrary in 9.21.020(A), for purposes
of this Chapter, an accessory building shall be considered part of the principal dwelling
unit if it is located on the same parcel as the principal building. An accessory dwelling
unit, as defined by Section 9.31.300, that received its building permit on or after March
31, 2017, constitutes a separate dwelling unit for the purpose of this Chapter.
(e)(d) Eligible Resident. Any natural person who: (1) is either: (i) a long-term resident
of a dwelling unit, or (ii) an owner of a dwelling unit; and (2) uses that dwelling unit as his
or her primary residence.
(f)(e) Home-Sharing. Renting for a period of thirty consecutive days or less, one or
more bedrooms in a dwelling unit that is the primary residence of the host, while the host
lives on site, in the dwelling unit, throughout the visitors’ stay. A dwelling unit rented out
for home-sharing is referred to as a “home-share.”
(g)(f) Host. Any natural person who is an eligible resident of a dwelling unit offered for
use as a home-share.
(h)(g) Hosting Platform. A person who participates in the home-sharing or vacation
rental business by collecting or receiving a fee, directly or indirectly through an agent or
intermediary, for conducting a booking transaction using any medium of facilitation.
(i)(h) Lives On Site. Maintains a physical presence in the dwelling unit, including, but
not limited to, sleeping overnight, preparing and eating meals, and engaging in other
activities in the dwelling unit, of the type typically maintained by a natural person in the
dwelling unit in which he or she is an eligible resident.
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Packet Pg. 1092 Attachment: CDD-Ord-Home-Sharing Legalization Program 050923 [Revision 1] (5690 : Homeshare Regulations – Permanent Ordinance
(j)(i) Long-Term Resident. Any natural person who, as of the date a home -share
application is submitted pursuant to Section 6.20.021: (1) has occupied the dwelling unit
that is the subject of the home-share application as his or her primary residence for at
least the prior twelve months; and (2) has either: (i) if the natural person is a tenant,
subtenant, lessee, or sublessee, a written rental housing agreement for the dwelling unit
for a period of twelve months or more after the date the home -share application is
submitted, or (ii) if the natural person is not a tenant, subtenant, lessee, or sublessee,
written documentation establishing that the natural person will reside at the dwelling unit
for a period of twelve months or more after the date the home -share application is
submitted.
(k)(j) Owner. Any person who, alone or with others, has legal or equitable title to a
dwelling unit. A person whose interest in a dwelling unit is solely that of a tenant,
subtenant, lessee, or sublessee under an oral or written rental housing agreement shall
not be considered an owner.
(l)(k) Person. Any natural person, joint venture, joint stock company, partnership,
association, club, company, corporation, business trust, or organization of any kind.
(m)(l) Primary Residence. The usual place of return for housing of an owner or long -
term resident as documented by at least two of the following: motor vehicle registration,
driver’s license, California state identification card, voter registration, income tax return,
property tax bill, or a utility bill. A person can only have one primary residence.
(n)(m) Vacation Rental. Renting for a period of thirty consecutive days or less any
dwelling unit, in whole or in part, for exclusive transient use. Exclusive transient use shall
mean that no eligible resident of the dwelling unit lives on site, in the dwelling unit,
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Packet Pg. 1093 Attachment: CDD-Ord-Home-Sharing Legalization Program 050923 [Revision 1] (5690 : Homeshare Regulations – Permanent Ordinance
throughout any visitor’s stay. Rentals of units located within City-approved hotels, motels,
and bed and breakfasts shall not be considered vacation rentals.
(o)(n) Visitor. A natural person who rents a home-share or vacation rental.
SECTION 2. Santa Monica Municipal Code Section 6.20.110 is hereby added to
read as follows:
6.20.110 Home-Sharing Legalization Program.
Notwithstanding the foregoing, or anything to the contrary in this Code, an accessory
dwelling unit that received its building permit on or after March 31, 2017, shall not
constitute a separate dwelling unit for purposes of this Chapter if it meets all of the
following conditions:
(a) The City previously issued the applicant a home-share permit for the dwelling unit
in accordance with this Chapter;
(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; and
(c) The dwelling unit applicant proposes to use for home-sharing activities does not
have any outstanding code violation for unpermitted work.
SECTION 3. Any provision of the Santa Monica 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 the 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
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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:
_______________________
DOUGLAS SLOAN
City Attorney
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City Council Meeting: May 12, 2015 Santa Monica, California
ORDINANCE NUMBER ` qyq (CCS)
City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ADDING CHAPTER 6.20 TO THE SANTA MONICA
MUNICIPAL CODE CLARIFYING PROHIBITIONS AGAINST VACATION RENTALS
AND IMPOSING REGULATIONS ON HOME SHARING
WHEREAS, the City consists of just eight square miles of coastal land which is
home to 90,000 residents, the job site of 300,000 workers, and a destination for as
many as 500,000 visitors on weekends and holidays; and
WHEREAS, Santa Monica's primary housing goals include preserving its housing
stock and preserving the quality and character of its existing single and multi - family
residential neighborhoods. Santa Monica's prosperity has always been fueled by the
area's many attractive features including its cohesive and active residential
neighborhoods and the diverse population which resides therein. In order to continue to
flourish, the City must preserve its available housing stock and the character and charm
which result, in part, from cultural, ethnic, and economic diversity of its resident
population; and
WHEREAS, the City must also preserve its unique sense of community which
derives, in large part, from residents' active participation in civic affairs, including local
government, cultural events, and educational endeavors; and
1
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WHEREAS, Santa Monica's natural beauty, its charming residential
communities, its vibrant commercial quarters and its world class visitor serving
amenities have drawn visitors from around the United States and around the world; and
WHEREAS, the City affords a diverse array of visitor - serving short term rentals,
including, hotels, motels, bed and breakfasts, vacation rentals and home sharing, not all
of which are currently authorized by local law; and
WHEREAS, operations of vacation rentals, where residents rent -out entire units
to visitors and are not present during the visitors' stays are detrimental to the
community's welfare and are prohibited by local law, because occupants of such
vacation rentals, when not hosted, do not have any connections to the Santa Monica
community and to the residential neighborhoods in which they are visiting; and
WHEREAS, the presence of such visitors within the City's residential
neighborhoods can sometimes disrupt the quietude and residential character of the
neighborhoods and adversely impact the community; and
WHEREAS, judicial decisions have upheld local governments' authority to
prohibit vacation rentals; and
WHEREAS, with the recent advent of the so called "sharing economy," there is
growing acceptance of the longstanding practice of "home- sharing," whereby residents
host visitors in their homes for short periods of stay, for compensation, while the
resident host remains present throughout the visitors' stay; and
K
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WHEREAS, long before the advent of the sharing economy, home - sharing
activities were already commonly undertaken throughout Santa Monica and throughout
the United States; and
WHEREAS, history has shown that home - sharing activities spread the good -will
of Santa Monica worldwide and have enhanced Santa Monica's image throughout the
world: and
WHEREAS, home - sharing does not create the same adverse impacts as
unsupervised vacation rentals because, among other things, the resident hosts are
present to introduce their guests to the City's neighborhoods and regulate their guests'
behavior; and
WHEREAS, history has shown that home - sharing activities are relatively very
small in number, when compared to the number of persons utilizing vacation rentals or
the City's hotels and motels; and
WHEREAS, while the City recognizes that home - sharing activities can be
conducted in harmony with surrounding uses, those activities must be regulated to
ensure that the small number of home - sharers stay in safe structures and do not
threaten or harm the public health or welfare; and
WHEREAS, any monetary compensation paid to the resident hosts for their
hospitality and hosting efforts rightfully belong to such hosts and existing law authorizes
the City to collect Transient Occupancy Taxes ( "TOTs ") for vacation rentals and home-
sharing activities; and
P
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WHEREAS, existing law obligates both the hosts and rental agencies or hosting
platforms to collect and remit TOTS to the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 6.20 of the Santa Monica Municipal Code is hereby added
to read as follows:
Chapter 6.20 HOME SHARING AND VACATION RENTALS
6.20.010 Definitions
For purposes of this Chapter, the following words or phrases shall have the
following meanings:
a) Home - Sharing. An activity whereby the residents host visitors in their
homes, for compensation, for periods of 30 consecutive days or less, while at least one
of the dwelling unit's primary residents lives on -site, in the dwelling unit, throughout the
visitors' stay.
b) Hosting Platform. A marketplace in whatever form or format which
facilitates the Home - Sharing or Vacation Rental, through advertising, match - making or
any other means, using any medium of facilitation, and from which the operator of the
hosting platform derives revenues, including booking fees or advertising revenues, from
providing or maintaining the marketplace.
c) Vacation Rental. Rental of any dwelling unit, in whole or in part, within the
City of Santa Monica, to any person(s) for exclusive transient use of 30 consecutive
days or less, whereby the unit is only approved for permanent residential occupancy
and not approved for transient occupancy or Home - Sharing as authorized by this
rd
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Chapter. Rental of units within City approved hotels, motels and bed and breakfasts
shall not be considered Vacation Rental.
6.20.020 Home - Sharing Authorization
a) Notwithstanding any provision of this Code to the contrary, Home - Sharing
shall be authorized in the City, provided that the Home - Sharing host complies with each
of the following requirements:
1) Obtains and maintains at all times a City Business License
authorizing Home - Sharing activity.
2) Operates the Home - Sharing activity in compliance with all Business
License permit conditions, which may be imposed by the City to effectuate the purpose
of this Chapter.
3) Collects and remits Transient Occupancy Tax ( "TOT'), in
coordination with any Hosting Platform if utilized, to the City and complies with all City
TOT requirements as set forth in Chapter 6.68 of this Code.
4) Takes responsibility for and actively prevents any nuisance
activities that may take place as a result of Home - Sharing activities.
5) Complies with all applicable laws, including all health, safety,
building, fire protection, and rent control laws.
6) Complies with the regulations promulgated pursuant to this
Chapter.
b) If any provision of this Chapter conflicts with any provision of the Zoning
Ordinance codified in Article IX of this Code, the terms of this Chapter shall prevail.
5
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6.20.030 Prohibitions
a) No person, including any Hosting Platform operator, shall undertake,
maintain, authorize, aid, facilitate or advertise any Home - Sharing activity that does not
comply with Section 6.20.020 of this Code or any Vacation Rental activity.
6.20.050 Hosting Platform Responsibilities
The operator / owner of any Hosting Platform shall:
a) be responsible for collecting all applicable TOTs and remitting the same to
the City. The Hosting Platform shall be considered an agent of the host for purposes of
TOT collections and remittance responsibilities as set forth in Chapter 6.68 of this Code.
b) disclose to the City on a regular basis each Home Sharing and Vacation
Rental listing located in the City, the names of the persons responsible for each such
listing, the address of each such listing, the length of stay for each such listing and the
price paid for each stay.
6.20.080 Regulations
The City Manager or his or her designee may promulgate regulations, which may
include but are not limited to permit conditions, reporting requirements, inspection
frequencies, enforcement procedures, advertising restrictions, disclosure requirements,
or insurance requirements, to implement the provisions of this Chapter. No person shall
fail to comply with any such regulation.
6.20.090 Fees
The City Council may establish and set by Resolution all fees and charges as
may be necessary to effectuate the purpose of this Chapter.
N
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6.20.100 Enforcement.
a) Any person violating any provision of this Chapter shall be guilty of an
infraction, which shall be punishable by a fine not exceeding two hundred fifty dollars, or
a misdemeanor, which shall be punishable by a fine not exceeding five hundred dollars,
or by imprisonment in the County Jail for a period not exceeding six months or by both
such fine and imprisonment.
b) Any person convicted of violating any provision of this Chapter in a criminal
case or found to be in violation of this Chapter in a civil case brought by a law
enforcement agency shall be ordered to reimburse the City and other participating law
enforcement agencies their full investigative costs, pay all back TOTs, and remit all
illegally obtained rental revenue to the City so that it may be returned to the Home-
Sharing visitors or used to compensate victims of illegal short term rental activities.
c) Any person who violates any provision of this Chapter shall be subject to
administrative fines and administrative penalties pursuant to Chapter 1.09 and Chapter
1.10 of this Code.
d) Any interested person may seek an injunction or other relief to prevent or
remedy violations of this Chapter. The prevailing party in such an action shall be
entitled to recover reasonable costs and attorney's fees.
e) The remedies provided in this Section are not exclusive, and nothing in this
Section shall preclude the use or application of any other remedies, penalties or
procedures established by law.
1'I
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SECTION 2. Any provision of the Santa Monica 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 3. 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 4. 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:
Wildw i
MAR A JO S MOUT cIE
City Attorney
U.
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Approved and adopted this 12th day of May, 2015.
ILI k
Kn McKeown, Mayor
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Sarah P. Gorman, City Clerk of the City of Santa Monica, do hereby certify that
the foregoing Ordinance No. 2484 (CCS) had its introduction on April 28, 2015,
and was adopted at the Santa Monica City Council meeting held on May 12,
2015, by the following vote:
Ayes: Councilmembers: Davis, Himmelrich, O'Connor, O'Day, Winterer
Mayor McKeown, Mayor Pro Tern Vazquez
Noes: Councilmembers: None
Absent: Councilmembers: None
A summary of Ordinance No. 2484 (CCS) was duly published pursuant to
California Government Code Section 40806 .
ATTEST:
Sara P Gorman, City Clerk
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1
City Council Meeting: September 24, 2019 Santa Monica, California
ORDINANCE NUMBER 2616 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING AND REVISING CHAPTER 6.20 OF THE
SANTA MONICA MUNICIPAL CODE TO STRENGTHEN REGULATION OF
HOME-SHARING AND VACATION RENTALS
WHEREAS, a central and significant goal for the City is preservation of its
housing stock and preserving the quality and character of residential
neighborhoods; and
WHEREAS, Santa Monica places a high value on cohesive and active
residential neighborhoods and the diverse population that resides therein; and
WHEREAS, the City must preserve its available housing stock and the
character and charm that result, in part, from cultural, ethnic, and economic diversity
of its resident population, as a key factor in economic growth; and
WHEREAS, Santa Monica's natural beauty, its charming residential
communities, its vibrant commercial quarters and its world-class amenities have
drawn visitors from around the United States and around the world; and
WHEREAS, there is within the City a diverse array of short-term rentals for
visitors, including, hotels, motels, bed and breakfasts, vacation rentals and home
sharing, not all of which are lawful; and
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WHEREAS, operations of vacation rentals, where residents rent entire units
to visitors and are not present during the visitors' stays, frequently disrupt the
quietude and residential character of the neighborhoods and adversely impact the
community; and
WHEREAS, home-sharing does not create the same adverse impacts as
unsupervised vacation rentals when the home-shares are hosted by the owner or a
long-term resident who lives on site and is present to introduce guests to the City’s
neighborhoods and regulate guests’ behavior; and
WHEREAS, while the City recognizes that home -sharing activities can be
conducted in harmony with surrounding uses, those activities must be regulated to ensure
that the home-sharing activities do not threaten or harm the public health, safety, or
general welfare; and
WHEREAS, on May 12, 2015, the City Council adopted Ordinance Number
2484, which added Chapter 6.20 to the Santa Monica Municipal Code and thereby
preserved the City’s prohibition on vacation rentals, but authorized “home-sharing,”
whereby residents host visitors in their homes for short periods of stay, for
compensation, while the resident host remains present throughout the visitors ’ stay; and
WHEREAS, on January 24, 2017, the City Council adopted Ordinance Number
2535CCS, which amended Chapter 6.20 to clarify its application to hosting platforms;
and
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WHEREAS, on June 27, 2017, the City Council adopted Ordinance Number
2547CCS, which further amended Chapter 6.20 to address the use of accessory
dwelling units that received their building permits after March 31, 2017 as home -shares;
and
WHEREAS, in the time since Chapter 6.20 was first added, the City has issued
over 450 business licenses authorizing home-sharing; and
WHEREAS, the City is investigating approximately 30% of the licensed home -
share hosts as operating vacation rental businesses under the guise of home-sharing;
and
WHEREAS, the City strives to strike a balance between preserving the City’s
available housing stock, protecting the residential character of neighborhoods, and
preventing home-shares from turning into de facto hostels and hotels, while at the same
time permitting owners and long-term residents to host guests as part of a home-share;
and;
WHEREAS, the costs of regulating and enforcing the requirements of the home -
sharing program are significan t and should be borne, at least in part, by those benefitting
from their participation in the home-sharing program; and
WHEREAS, the City Council now wishes to amend Chapter 6.20 to clarify
existing regulations and to implement various public health, safety, and general welfare
regulations governing home-sharing.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Mun icipal Code Chapter 6.20 is hereby amended to
read as follows:
6.20.010 Definitions.
For purposes of this Chapter, the following words or phrases shall have the following
meanings:
(a) Bedroom. Any habitable space in a dwelling unit other than a kitchen or
living room that is intended for or capable of being used for sleeping, is at least 70 square
feet in area, is separated from other rooms by a door, and is accessible to a bathroom
without crossing another bedroom.
(b) Booking Transaction. Any reservation or payment service provided by a
person who facilitates a home-sharing or vacation rental transaction between a
prospective visitor and a host.
(c) Dwelling Unit. 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 includes a single ‐family
residence, and each unit of an apartment, duplex, or multiple dwelling struct ure designed
as a separate habitation for one or more persons, but does not include units located within
City-approved hotels, motels, and bed and breakfasts, as defined in section
9.51.030(B)(15). An accessory dwelling unit, as defined by section 9.31.300, that
received its building permit on or after March 31, 2017, constitutes a separate dwelling
unit for the purpose of this Chapter.
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(d) Eligible Resident. Any natural person who (1) is either (i) a long -term
resident of a dwelling unit or (ii) an owner of a dwelling unit and (2) uses that dwelling unit
as his or her primary residence.
(e) Home-Sharing. Renting for a period of 30 consecutive days or less, one
or more bedrooms in a dwelling unit that is the primary residence of the host, while th e
host lives on-site, in the dwelling unit, throughout the visitors’ stay. A dwelling unit rented
out for home-sharing is referred to as a “home-share.”
(f) Host. Any natural person who is an eligible resident of a dwelling unit
offered for use as a home-share.
(g) Hosting Platform. A person who participates in the home-sharing or
vacation rental business by collecting or receiving a fee, directly or indirectly through an
agent or intermediary, for conducting a booking transaction using any medium of
facilitation.
(h) Lives On Site. Maintains a physical presence in the dwelling unit,
including, but not limited to, sleeping overnight, preparing and eating meals, and engaging
in other activities in the dwelling unit, of the type typically maintained by a natural person
in the dwelling unit in which he or she is an eligible resident.
(i) Long-Term Resident. Any natural person who, as of the date a home -
share application is submitted pursuant to Section 6.20.021: (1) has occupied the dwelling
unit that is the subject of the home -share application as his or her primary residence for
at least the prior 12 months; and (2) has either (i) if the natural person is a tenant,
subtenant, lessee, or sublessee, a written rental housing agreement for the dwelling unit
for a period of 12 months or more after the date the home-share application is submitted
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or (ii) if the natural person is not a tenant, subtenant, lessee, or sublessee, written
documentation establishing that the natural person will reside at the dwelling unit for a
period of 12 months or more after the date the home-share application is submitted.
(j) Owner. Any person who, alone or with others, has legal or equitable title
to a dwelling unit. A person whose interest in a dwelling unit is solely that of a tenant,
subtenant, lessee, or sublessee under an oral or written rental housing agre ement shall
not be considered an owner.
(k) Person. Any natural person, joint venture, joint stock company, partnership,
association, club, company, corporation, business trust, or organization of any kind.
(l) Primary Residence. The usual place of return for housing of an owner or
long-term resident as documented by at least two of the following: motor vehicle
registration, driver’s license, California state identification card, voter registration, income
tax return, property tax bill, or a utility bill. A person can only have one primary resid ence.
(m) Vacation Rental. Renting for a period of 30 consecutive days or less any
dwelling unit, in whole or in part, for exclusive transient use. Exclusive transient use shall
mean that no eligible resident of the dwelling unit lives on -site, in the dwelling unit,
throughout any visitor’s stay. Rentals of units located within City-approved hotels, motels,
and bed and breakfasts shall not be considered vacation rentals.
(n) Visitor. A natural person who rents a home-share or vacation rental.
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6.20.020 Home-sharing authorization.
(a) Notwithstanding any provision of this Code to the contrary, home -sharing
shall be authorized in the City, provided that the host complies with each of the following
requirements:
(1) Obtains and maintains at all times a City home-sharing permit issued
pursuant to this Chapter and a business license issued pursuant to Chapter 6.04.
(2) Operates the home-sharing activity in compliance with all permit
conditions for home-sharing as set forth in Section 6.20.021 and any regulations
promulgated pursuant to this Chapter.
(3) Collects and remits Transient Occupancy Tax (“TOT”), in
coordination with any hosting platform if utilized, to the City and complies with all
City TOT requirements as set forth in Chapter 6.68 of this Code.
(4) Takes responsibility for and actively prevents any nuisance activities
that may take place as a result of home-sharing activities.
(5) Ensures that basic health and safety features are provided, including
fire extinguishers, smoke detectors, and carbon monoxide detectors.
(6) Does not book or rent to more than two groups of visitors for any
given date, whether the visitors within the groups are related to one another or not.
(7) Limits the occupancy of the home-share (including the host, all other
eligible residents, and all visitors) to the lesser of (i) 10 persons; (ii) one person per
200 square feet of the dwelling unit; or (iii) two persons (excluding minor children)
per bedroom.
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(8) Limits visitors to (i) no more than one vehicle per bedroom rented as
part of the home-share or (ii) if the home-share is located in a preferential parking
zone, no more than two vehicles that shall be required to use the visitor permits
available under Chapter 3.08 of this Code. A visitor’s vehicle may be parked on
site, to the extent available, or in legal street parking.
(9) Maintains liability insurance to cover home -sharing with minimum
limits of not less than $500,000 or conducts each home-sharing transaction
through a hosting platform that provides equal or greater coverage.
(10) Complies with Section 6.20.022 governing advertisements of home-
shares.
(11) Complies with all applicable laws, including the noise limitations set
forth in Chapter 4.12 of this Code, and all health, safety, building, fire protection,
and rent control laws.
(12) Complies with all regulations promulgated pursuant to this Chapter.
(b) All hosts and their respective properties, authorized by the City for home-
sharing purposes pursuant to this Section, shall be listed on a registry created by the City
and updated periodically by the City. The City shall publish the registry, and a copy shall
be sent electronically to any person upon request.
(c) If any provision of this Chapter conflicts with any provision of the Zoning
Ordinance codified in Article IX of this Code, the terms of this Chapter shall prevail with
respect to interpretation and enforcement of this Chapter.
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6.20.021 Home-sharing permit conditions.
(a) Application required. To obtain a home-sharing permit for a dwelling unit,
a host shall submit an application on a form to be provided by the City and signed by the
host under penalty of perjury. The application for the home-sharing permit shall include
the following information:
(1) Address of the proposed home-share;
(2) Type of dwelling unit;
(3) Whether the applicant is an owner or long-term resident;
(4) If applicable, proof that the applicant is a long-term resident;
(5) Proof that the proposed home-share is the primary residence of the
applicant;
(6) The name and contact information for any other eligible residents of
the proposed home-share who will be serving as hosts, together with proof that
each identified host is an eligible resident of the proposed home -share;
(7) The square footage of the proposed home -share;
(8) The number of bedrooms in the proposed home-share;
(9) The maximum number of visitors per night, which shall not exceed
the maximum permitted in accordance with Section 6.20.020(a)(6);
(10) Proof of insurance;
(11) Certification that the host will comply with all provisions of this
Chapter and all regulations promulgated pursuant to this Chapter or be subject to
the revocation of his or her home-sharing permit and business license; and
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(12) Any other information required by regulations promulgated pursuant
to this Chapter.
(b) Application Fee. The initial application and each renewal application for a
home-sharing permit shall be accompanied by an application fee to be established by
resolution by the City Council.
(c) Duty to Amend Application. If there are any material changes to the
information submitted on a home-sharing permit application, the host shall submit an
amended application on a form to be provided by the City and signed by the host under
penalty of perjury within 30 days of any such changes. For the purposes of this Section,
any change to the information required to be included in a home-sharing permit
application by subsection (a) of this Section shall constitute a material change. Failure to
submit an amended home-sharing permit application may result in revocation of the
home-sharing permit and business license.
(e) Term of Permit. Notwithstanding any provision of this Code to the contrary,
any home-sharing permit shall be effective for same period as the term of the host’s
business license.
(f) Renewal of Permit. A host may renew his or her home-sharing permit by
submitting a completed permit renewal application on a form to be provided by the City
and signed by the host under penalty of perjury. The permit renewal application shall
include all of the information required by subsection (a) of this Section.
(g) No Transfer or Assignment. A home-sharing permit may not be assigned
or transferred to any other person.
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6.20.022 Advertisements for home-sharing.
(a) The host shall include the following information in any advertisement for
home-sharing:
(1) The business license number issued by the City;
(2) That the host lives on site and will be present in the home -share
throughout the visitor’s stay;
(3) The permitted occupancy of the home-share as specified in the
home-sharing permit application;
(4) The permitted number of visitor vehicles, in accordance with Section
6.20.020(a)(8);
(5) That the home-share cannot be booked or rented to more than two
groups of visitors for any given date, whether the visitors within the groups are
related to one another or not; and
(6) Any other information required by regulations promulgated pursuant to
this Chapter.
(b) A host is limited to posting no more than two listings for the home-share on
each hosting platform or other media outlet. If a host posts a listing for the home -share
on multiple hosting platforms or other media outlets, only two listings may be booked for
any given date.
(c) No advertisements regarding the availability of a dwelling unit for home -
sharing shall be posted in or on any exterior area of the dwelling unit, any exterior area
of any other dwelling unit on the same lot, or the lot on which the dwelling unit is located.
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6.20.030 Prohibitions.
(a) No person shall undertake, maintain, authorize, aid, facilitate or advertise
any vacation rental or any home-sharing that does not comply with this Chapter. For the
purposes of this section only, person does not include a hosting platform.
(b) No host may be the host for more than one home -share.
6.20.050 Hosting platform responsibilities.
(a) Hosting platforms shall be responsible for collecting all applicable TOTs and
remitting the same to the City. The hosting platform shall be co nsidered an agent of the
host for purposes of TOT collections and remittance responsibilities as set forth in
Chapter 6.68 of this Code.
(b) Subject to applicable laws, hosting platforms shall disclose to the City on a
regular basis each home-sharing and vacation rental listing located in the City, the names
of the persons responsible for each such listing, the address of each such listing, th e
length of stay for each such listing and the price paid for each stay.
(c) Hosting platforms shall not complete any booking transaction for any
residential property or unit unless it is listed on the City’s registry created under Section
6.20.020 subsection (b), at the time the hosting platform receives a fee for the booking
transaction.
(d) Hosting platforms shall not collect or receive a fee, directly or indirectly
through an agent or intermediary, for facilitating or providing services ancillary to a
vacation rental or unregistered home-share, including, but not limited to, insurance,
concierge services, catering, restaurant bookings, tours, guide services, entertainment,
cleaning, property management, or maintenance of the residential property or unit.
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(e) Safe Harbor. A hosting platform operating exclusively on the Internet, which
operates in compliance with subsections (a), (b), (c), and (d) above, shall be presumed
to be in compliance with this Chapter, except that the hosting platform remains
responsible for compliance with the administrative subpoena provisions of this Chapter.
(f) The provisions of this Section shall be interpreted in accordance with
otherwise applicable State and Federal law(s) and will not apply if determined by the City
to be in violation of, or preempted by, any such law(s).
6.20.080 Regulations.
The City Manager or designee may promulgate regulations, which may include,
but are not limited to, permit conditions, reporting requirements, inspection frequencies,
enforcement procedures, additional advertising restrictions, disclosure requirements,
administrative subpoena procedures or additional insurance requirements, to implement
the provisions of this Chapter. No person shall fail to comply with any such regulation.
6.20.090 Fees.
The City Council may establish and amend by resolution all fees and charges as
may be necessary to effectuate the purpose of this Chapter, including, but not limited to,
the application fee required by Section 6.20.021.
6.20.100 Enforcement.
(a) Any host violating any provision of this Chapter, any person other than a
hosting platform who facilitates or attempts to facilitate a violation of this Chapter, or a
hosting platform that violates its obligations under Section 6.20.050, shall be guilty of an
infraction, which shall be punishable by a fine not exceeding $750, or a misdemeanor,
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which shall be punishable by a fine not exceeding $1,000, or by imprisonment in the
County Jail for a period not exceeding six months or by both such fine and imprisonment.
(b) Any person convicted of violating any provision of this Chapter in a criminal
case or found to be in violation of this Chapter in a civil or administrative case brought by
a law enforcement agency shall be ordered to reimburse the City and other participating
law enforcement agencies their full investigative costs, pay all back TOTs, and remit all
illegally obtained rental revenue to the City so that it may be returned to the home-sharing
visitors or used to compensate victims of illegal short-term rental activities.
(c) Any host who violates any provision of this Chapter, any person other than
a hosting platform who facilitates or attempts to facilitate a violation of this Chapter, or a
hosting platform that violates its obligations under Section 6.20.050, shall be subject to
administrative fines and administrative penalties pursuant to Chapters 1.09 and 1.10 of
this Code.
(d) Any interested person may seek an injunction or other relief to prevent or
remedy violations of this Chapter. The prevailing party in such an action shall be entitled
to recover reasonable costs and attorney’s fees.
(e) The City may issue and serve administrative subpoenas as necessary to
obtain specific information regarding home -sharing and vacation rental listings located in
the City, including, but not limited to, the names of the persons responsible for each such
listing, the address of each such listing, the length of stay for each such listing and the
price paid for each stay, to determine whether the home -sharing and vacation rental
listings comply with this Chapter. Any subpoena issued pursuant to this section shall not
require the production of information sooner than 30 days from the date of service. A
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person that has been served with an administrative subpoena may seek judicial review
during that 30 day period.
(f) The remedies provided in this Section are not exclusive, and nothing in this
Section shall preclude the use or application of any other remedies, penalties or
procedures established by law.
SECTION 2. Any provision of the Santa Monica 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 3. 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 4. 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
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shall become effective 30 days from its adoption, and shall apply to all home-shares,
including those operating under business licenses obtained prior to the effective
date of this Ordinance.
APPROVED AS TO FORM:
_______________________
LANE DILG
City Attorney
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Approved and adopted this 24th day of September, 2019.
_____________________________
Gleam Davis, 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. 2616 (CCS) had its introduction
on September 10, 2019, and was adopted at the Santa Monica City Council
meeting held on September 24, 2019, by the following vote:
AYES: Councilmembers Morena, McKeown, Himmelrich, Winterer, Jara,
Mayor Pro Tem O’Day, Mayor Davis
NOES: None
ABSENT: None
ATTEST:
_____________________________________ _________________
Denise Anderson-Warren, City Clerk Date
A summary of Ordinance No. 2616 (CCS) was duly published pursuant to
California Government Code Section 40806.
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10/23/2019
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Attachment H
Excerpt of Zoning Ordinance Amendment Required for Home-Sharing
(SMMC Section 9.21.020)
Approved by Council on April 11, 2023 as Part of the Zoning Ordinance
Amendments for Housing Element Implementation
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Item 10E.
Home-Share Ordinance
City Council
May 9, 2023
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Packet Pg. 1139 Attachment: PowerPoint Presentation (5690 : Homeshare Regulations – Permanent
Home-share Ordinance
Staff Recommendation
•Adopt a finding of no possibility of significant environmental effect pursuant to CEQA
Introduce for first reading an ordinance to amend the City’s home-share ordinance
(SMMC Chapter 6.20)
Responds to Council’s direction in June 2021 and October 2022
•Codifies Council’s temporary Home-share Legalization Program approved in October 2022.
•Home-share & accessory building regulations did not provide a way for a limited number of property
owners to continue to home-share their detached structures, even though they were previously
permitted by the City for home-sharing.
•~16 homeowners
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Packet Pg. 1140 Attachment: PowerPoint Presentation (5690 : Homeshare Regulations – Permanent
Home-share Ordinance
Responds to Council’s direction in June 2021 and October 2022
•Eliminates requirement that an accessory structure be located within 6 feet of primary residence for
home-sharing
•Accessory structures, unlike ADUs, are not independent dwelling units (i.e., do not have full kitchens)
•Allows limited number of existing ADUs permitted on/after March 31, 2017 to continue eligibility for
home-sharing, if:
•All Legalization Program criteria are met and a valid home-share license is maintained
•6 ADUs are part of the Legalization Program to date
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