O2120
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City Council Meeting 3-23-04 Santa Monica, California
ORDINANCE NUMBER 2120 - (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ADDING SANTA MONICA MUNICIPAL CODE SECTION 9.04.02.030.778 TO
ESTABLISH A DEFINITION OF SHORT-TERM RENTAL HOUSING AND
PROHIBITING THIS FORM OF HOUSING THROUGHOUT THE CITY
WHEREAS, the proliferation of short-term rental housing can have a significant,
detrimental impact on the quality of life in the community; and
WHEREAS, short-term rental housing, also known as corporate housing, provides
temporary accommodations in fully furnished apartments complete with furniture,
appliances, housewares, and other furnishings; and
WHEREAS, short-term rental housing projects typically afford an array of
conveniences and services such as maid and linen service, laundry and dry cleaning
service, on-site conference or meeting rooms, business centers, and Internet access.
Most short-term housing facilities also offer a full health club, spa, large pool and tennis
court. Projects that do not offer these facilities on-site, often offer membership to area
facilities; and
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WHEREAS, the typical occupants of these facilities include: relocating executives
requiring temporary accommodations until a permanent residence is established,
corporate recruits, attorneys trying cases, and relocating families. This housing is also
utilized by vacationers. The occupants of these units do not intend to make these units
their permanent place of residence, but view these premises as interim abodes; and
WHEREAS, one of Santa Monica's primary housing goals is to preserve 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 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. Occupants of short-term rental
housing do not and cannot have the same involvement and ties to the community and to
the neighborhoods in which they reside as occupants who treat the City and their
neighborhoods as their home. Short-term occupants are less likely to become active in
civic, neighborhood, and community affairs and events; and
WHEREAS, the City has adopted numerous regulatory measures intended to
promote the development of multi-family housing and ensures that this development is
occupied by individuals as their principle residence. The City never envisioned that these
measures would facilitate the development of short-term rental housing; and
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WHEREAS, Section 9.04.02.030 does not presently define short-term rental
housing; and
WHEREAS, the proliferation of short-term housing in the City is a relatively recent
phenomenon; and
WHEREAS, in light of these concerns, the City Council adopted Ordinance Number
2011 (CCS) on May 22,2001 establishing a moratorium on the development of short-term
rental housing and the conversion of existing multi-family development to this form of
housing to provide the City time to adequately assess the full impacts of this form of
housing and its appropriate scope and location within the City; and
WHEREAS, the City Council extended Ordinance Number 2011 (CCS) on June 19,
2001 and on March 25, 2003; and
WHEREAS, Sections 9.04.02.030.778 will be added to the Santa Monica Municipal
Code to establish a definition of short-term rental housing, but this form of housing will be
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prohibited throughout the City; and
WHEREAS, the Planning Commission considered the proposed text amendment on
February 4, 2004, but was unable to reach a consensus for a recommendation to the City
Council regarding the text amendment, resulting in a technical denial of the proposed
amendment; and
WHEREAS, this technical denial was appealed to the City Council; and
WHEREAS, the City Council held a public hearing on the proposed text amendment
on March 9, 2004; and
WHEREAS, the proposed text amendment is consistent in principle with the goals,
objectives, policies, land uses, and programs specified in the adopted General Plan,
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specifically, Land Use Element Objective 1.1 which states that the City's land use policies
should seek to "protect the quality of life in all residential neighborhoods" in that the
proposed amendment would prohibit short-term rental housing, thereby protecting the
residential character and quality of life in residential neighborhoods by prohibiting a
commercial oriented use; and
WHEREAS, for the reasons detailed above, the City Council finds and declares that
the public health, safety, and general welfare require the adoption of the proposed text
amendment in that the goals, objectives and policies of the City's adopted General Plan
are achieved as the amendment would prohibit this commercial oriented land use, thereby
maintaining the low intensity character of established residential neighborhoods,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 9.04.02.030.778 is hereby added to the Santa
Monica Municipal Code to read as follows:
9.04.02.030.778 Short-Term Rental Housing.
Rental housinq which has the followinq attributes:
1. The housinq is desioned for use by individuals who will
reside on the property for a minimum stay of at least 30 consecutive days.
but who otherwise intend their occupancy to be temporarY.
2. The housinq is intended for use by persons who will
maintain or obtain a permanent place of residence elsewhere.
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3. The housinq includes some or all of the followinq amenities:
(a) Maid and linen service
(b) Health club. spa. pool. tennis courts. or memberships to
area facilities
(c) Business service centers
(d) Meetinq rooms
(e) Fully furnished units includinq a combination of some but
not necessarily all of the followinq: furniture. appliances. housewares. bed
linens. towels. artwork. television sets. stereos. VCRs. CD players. fax
machines. and Internet access.
(f) Valet parkinq
SECTION 2. 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 any competent jurisdiction, such decision shall not affect the validity
of the remaining portions of the ordinance. The City Council hereby declares
that it would have passed this ordinance, and each and every 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 3. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
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inconsistencies and no further, is hereby repealed or modified to that extent necessary to
effect the provisions of this Ordinance.
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:
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Approved and adopted this 23rd day of March, 2004.
~~
. ard Bloom, Mayor
State of California )
County of Los Angeles) ss.
City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2120 (CCS) had its introduction on March 9,2004, and was
adopted at the Santa Monica City Council meeting held on March 23, 2004, by the
following vote:
Ayes: Council members: Mayor Bloom, Mayor Pro Tem McKeown, Feinstein,
O'Connor
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: Holbrook, Katz, Genser
ATTEST:
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