Learn about Santa Monica's current SB 9 guidelines.

Santa Monica’s City Council has decided to not issue an interim ordinance on Senate Bill 9. While the city originally intended to adopt a permanent ordinance by March 2022, no such ordinance has yet been adopted. Santa Monica issued an SB 9 Information Item in December 2021 to help their citizens understand the new state law and how it applies to them. This guidance remains the most current iteration of SB 9 guidelines in the city.

Intro

Because Santa Monica has not yet adopted a local ordinance, they must accept SB 9 applications and adhere to the state law as written. In the statement they released, the city indicated that all SB 9 proposals will need to abide by existing local regulations and fees for residential developments. If any of these standards are in conflict with Senate Bill 9, the state law takes precedence.

Read Homestead's SB 9 City Guide for Santa Monica for a visual breakdown of the current guidelines. You can also read relevant local news articles and compare grades between different cities in Los Angeles County.

Santa Monica’s Guidance At-A-Glance

Zoning

• Eligible zones: R1, OP1
• Ineligible: Very High Fire Hazard Severity Zones, farmlands, wetlands, conservation and habitat areas, historic districts and properties‍
• Possibly eligible: Delineated Earthquake Fault Zones, Flood Zones, Coastal Zones

Occupancy

• Residential use only
• No short-term rentals (minimum 30 days)
• 3-year owner occupancy required for lot splits

SB 9 prohibited on parcels containing the following:

• Current or former (within the last 3 years) rental housing
• Registered affordable housing
• Rent stabilized housing
• Eviction (within the past 15 years)

Allowable units

• Two primary units per lot
• Tow-unit developments allowed on properties with prior ADUs or JADUs; no new ADUs or JADUs allowed

Development requirements

• Lot splits prohibited on vacant lots
• Height and floor area ratio determined by zoning code
• 4’ minimum side and rear setbacks
• Objective design requirements from municipal code must be followed to the extent possible

To see if your property qualifies for Senate Bill 9, use our free search tool.

Zoning Requirements

The city of Santa Monica clarifies that SB 9 development is allowed in R1 and OP1 single family residential zones only. In addition, development is prohibited in any of the following areas (most of which do not apply in Santa Monica):

• Very high fire severity zones, farmlands, wetlands, or hazardous waste sites
• Lands designated for conservation, under a conservation easement, or protected species habitat
• Historic districts or designated historic resources
• Earthquake fault zones or special flood hazard areas (unless certain building requirements are met)

Santa Monica will potentially allow SB 9 development in Coastal Zones, provided the proposed projects obtain coastal development permits. The city may choose whether or not to hold public hearings for such permit applications. For more information, read our blog pot on SB 9 in Coastal Zones.

The information document included the following map of eligible SB 9 development areas within Santa Monica:

_Map of Single-Unit Dwelling Zones Where SB9 Projects Could be Proposed (note that there are pre-conditions that must be met that might disqualify some parcels) (v_ia City of Santa Monica’s SB 9 Information Item)

Parking

SB 9 allows cities to adopt a parking requirement of one off-street parking space per unit. However, properties located within a half-mile walk of a major transit stop or high quality transit corridor are exempt from the requirement.

Because most of Santa Monica has access to high quality public transit, very few areas will qualify for parking requirements.  The city’s SB 9 information document indicates that only certain R1-zoned areas north of Montana and in Sunset Park may be subject to parking requirements.

Properties located within the Coastal Zone may be subject to parking requirements as required by the local coastal zone development standards.

_Map of High Quality Transit Areas in Santa Monica. These represent areas where the City cannot impose minimum parking requirements for SB9 projects (based on current bus schedules) (v_ia City of Santa Monica’s SB 9 Information Item)

Santa Monica and SB 9: Past, Present, and Future

Santa Monica has had a tumultuous history with Senate Bill 9. When the bill was initially proposed, five out of six City Councilmembers voted to write a letter formally opposing the bill. Santa Monica legislators have consistently used words like “cautious” and “conservative” when describing their city’s approach to SB 9.

Although the city has yet to issue an ordinance on SB 9, Santa Monica does plan to do so at some point this year. According to the city’s Information Item on Senate Bill 9, we can expect the following provisions in the local law once it is adopted.

Possibilities for a Future Ordinance

According to the information item, a future ordinance for Santa Monica may require a deed restriction for SB 9 units to preserve them as rental units. With this condition, City Council intends to ensure that SB 9 development adheres to the city’s Affirmatively Further Fair Housing (AFFH) strategy.

Another potential item for a future ordinance might be an owner occupancy requirement for SB 9 duplexes or second units. Senate Bill 9 already requires owner occupancy for lot splits. The city argues that adding the requirement to the duplex provision as well would promote consistency.

Senate Bill 9 explicitly prohibits cities from adding additional owner occupancy requirements to the urban lot split provision. However, it doesn’t prevent cities from placing owner occupancy requirements on the duplex provision.

Santa Monica indicates that it may add a provision to their ordinance preventing the building of accessory dwelling units (ADUs) under certain circumstances. Specifically, lot-split properties already containing a primary dwelling unit and an ADU may not build additional ADUs.

City Council is also considering adding a requirement that all SB 9 applicants must be a “natural person." This is intended to prevent speculation from real estate investors.

Conclusion

Hopefully Santa Monica will follow Encinitas and San José in adopting SB 9-friendly local ordinances. Santa Monica is a wonderful place to live, and SB 9 won’t change that. On the contrary, it has the potential to help make Santa Monica more livable and enjoyable for a wider range of people. We look forward to the positive change that SB 9 will bring to Santa Monica and across the state.

For more SB 9 updates, follow our SB 9 News Twitter account.