1 City Council Meeting: April 28, 2026 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING THE TEXT OF THE ZONING ORDINANCE RELATED
TO PROJECTS CONSISTING OF DUPLEXES AND LOT SPLITS ON PARCELS
ZONED FOR SINGLE-UNIT RESIDENTIAL
WHEREAS, the State of California faces a housing crisis of availability and affordability, in large part due to a severe shortage of housing; and WHEREAS, solving the housing crisis requires a multifaceted, statewide approach which will include, but is not limited to, any or some of the following: (A) Encouraging an increase in the overall supply of housing; (B) Encouraging the development of housing that is affordable to households at all income levels; (C) Removing barriers to housing production; (D) Expanding homeownership opportunities; and (E) Expanding the availability of rental housing; and
WHEREAS, California’s housing crisis stifles economic growth, contributes to the homelessness epidemic, consumes an ever-growing share of the paychecks of working families, and holds millions of households back from realizing the California dream of home ownership; and
WHEREAS, the State has declared that restrictive zoning, land use, and burdensome permitting policies at the local and state level are a major cause of the shortfall between California’s housing needs and the available supply of housing; and WHEREAS, the State’s 2016 housing affordability report found that the “housing shortage also makes many Californians, not only low-income residents, more likely to 2 commute longer distances, live in overcrowded housing, and delay or forgo home ownership”; and
WHEREAS, houses cost more in California due to increased costs, heavy regulatory hurdles, and mandatory features and fees that add tens of thousands of dollars to the cost of each unit; and
WHEREAS, the production of new market-rate housing frees up existing, more affordable housing elsewhere in the region for sale or rent to lower and middle-income households; and
WHEREAS, with these goals in mind, in 2021, the California Legislature adopted Senate Bill 9 (SB 9), which added Government Code sections 65852.21 and 66411.7 and amended Government Code section 66452.6; and
WHEREAS, SB 9 requires local agencies to ministerially approve housing projects for either or both of the following: (a) a housing development of no more than two units (duplex) in a single-family zone; and/or (b) the subdivision of a parcel zoned for residential use, into two approximately equal parcels (lot split), as specified; and WHEREAS, pursuant to Programs 4.E and 4.F of the City’s 6th Cycle (2021-2029) Housing Element, City Council adopted implementation of SB 9 on April 11, 2023, as Santa Monica Municipal Code Section 9.31.125, Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential, with the local amendments to allow for more than four units on parcels 10,000 square feet or greater; and
WHEREAS, since local implementation, SB 9 was revised by SB 450, taking effect January 1, 2025, which amended the law to:
3 Remove the option to prohibit projects that would result in the demolition of more than 25% of existing exterior walls
Make clear that a local agency cannot impose objective standards to lot split/duplex projects unless: 1) the standards apply uniformly within the zone; or 2) the standards are more permissive than standards in the underlying zone Remove authorization for a local agency to deny a proposed housing development if the building official makes a written finding that the proposed housing development project would have a specific, adverse impact upon the physical environment (i.e., the authorization to deny based on a written finding that the proposed project would have a specific, adverse impact on public health or safety remains in place).
Require an agency to approve or deny applications within 60 days of a complete application otherwise will be deemed approved.
Make additional legislative findings to clarify that SB 9 applies to all cities, including charter cities; and
WHEREAS, in addition to the state law required amendments, on January 28, 2025, in order to facilitate diverse housing choices in the City’s highest opportunity areas, in conjunction with necessary updates arising out of SB 450, the City Council gave direction to return amendments to the City’s regulations governing ministerial approval for certain lot splits and duplexes on parcels zoned for single-unit residential by: (1) removing the owner-occupancy requirement for lot splits and duplexes and clarifying that vacant or demolished parcels, as well as lots with approved demolition permits, are 4 eligible for lot splits and duplexes, (2) allowing one roof deck per unit, and (3) ensuring that no standard within this ordinance or the underlying zoning district shall preclude the construction of 2 units, not including ADUs, of at least 1200 square feet each; and WHEREAS, on May 13, 2025, the City Council conducted a duly noticed hearing, and, after considering all oral and written testimony, on May 27, 2025, adopted Ordinance Number 2814, which, in part, amended Section 9.31.125 to (1) remove the owneroccupancy requirement for lot splits and duplexes and clarifying that vacant or demolished parcels, as well as lots with approved demolition permits, are eligible for lot splits and duplexes, (2) allow one roof deck per unit, and (3) ensure that no standard within this ordinance or the underlying zoning district shall preclude the construction of 2 units, not including ADUs, of at least 1500 square feet each; and WHEREAS, subsequent to the City Council’s adoption and amendment of Section
9.31.125, the City received informal advice from the California Department of Housing and Community Development (HCD) indicating that a separation of the statutory requirements under SB 9/450 and the provisions of the City’s local regulations related to duplexes and lot splits on parcels zoned for single-unit residential would be favorable for HCD’s review; and
WHEREAS, amendments to SMMC Chapter 9.31, Standards for Specific Uses and Activities, and SMMC Section 9.31.125, Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential, are desirable to comply more closely with State law and to allow for lot splits and duplexes in single-unit residential zoning districts pursuant to prior Council direction; and
5 WHEREAS, on October 10, 2025, the California Legislature enacted Assembly Bill 1061 (AB 1061), which took effect January 1, 2026; and
WHEREAS, AB 1061 updates SB 9 and SB 450 by specifying when the historic status of a property may limit a local agency’s ministerial review obligations under state law; and
WHEREAS, on January 13, 2026, in accordance with Santa Monica Municipal Code Section 9.46.030(A), the City Council adopted a Resolution of Intention, Resolution Number 11733 (CCS), declaring its intention to consider recommending to the City Council that the City Council amend the text of the Zoning Ordinance related to projects consisting of duplexes and lot splits for parcels zoned single-unit residential to align the City’s ordinance with State law requirements; and
WHEREAS, on March 4, 2026, the Planning Commission conducted a duly noticed public hearing to consider recommending to the City Council that the City Council amend the text of the Zoning Ordinance; and
WHEREAS, City Council now desires to amend the text of the Zoning Ordinance with respect to projects consisting of duplexes and lot splits for parcels zoned single-unit residential to align the City’s ordinance with State law requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. City Council hereby amends the text of the Zoning Ordinance to related to projects consisting of duplexes and lot splits for parcels zoned single-unit residential to align the City’s ordinance with State law requirements. In making this 6 recommendation, the City Council hereby finds and declares that, for the reasons articulated above, and in the staff report dated April 14, 2026:
1. The proposed amendments to the text of the Zoning Ordinance are consistent with the General Plan and any applicable specific plan in that the amendments are required to implement State law pertaining to duplexes and lot split on parcels zoned for single-unit residential as required by the City’s certified 6th Cycle Housing Element and are otherwise consistent with the goals and policies of the General Plan by helping to meet local housing goals and to facilitate more diverse housing choices in the City’s highest opportunity areas.
2. The proposed amendments are consistent with the purpose of the Zoning Ordinance to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, and general welfare in that the amendments are necessary to implement State law pertaining to duplexes and lot split on parcels zoned for single-unit residential as required by the City’s certified 6th Cycle Housing Element in order to help meet local housing goals and to facilitate more diverse housing choices in the City’s highest opportunity areas.
SECTION 2. Santa Monica Municipal Code Section 9.31.125 is hereby amended as follows:
Section 9.31.125. Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential.
The purpose of this Section is to establish standards, requirements, and procedures for the ministerial approval of duplexes and lot splits on parcels zoned for single-unit residential to meet State law requirements pursuant to Government Code Sections 7 65852.21 and 66411.7, the City's local housing goals and needs identified in the 6th Cycle Housing Element, and to facilitate diverse housing choices in the City's highest opportunity areas.
A. Applicability. This Section shall apply to parcels located in the Single-Unit Residential (R1) and Ocean Park Single-Unit Residential (OP1) zoning districts, and select parcels within Multi-Unit Residential and Ocean Park Neighborhood zoning districts limited to one single-unit dwelling based on specific limitations, including, but not limited to, density calculations and parcel size and/or dimensions. Any qualified applicant, as defined by Section 9.52.020.2010, may submit an application pursuant to this Section subject to all of the following:
1. Location Requirements.
a. The parcel is located in an urbanized area or urban cluster, as defined by the Census Bureau.
b. The parcel is not located within a historical landmark property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resource Code, or within a site that is designated or listed as a City landmark.
c. The parcel is not located on a site identified in California Government Code Section 65913.4(a)(6)(B), (C), (I), (J), (K), which includes, but is not limited to, the following:
i. Prime farmland, wetlands, land identified for conservation, land under conservation easement, or habitat for protected species. 8 d. The parcel is not located on a site identified in California Government Code Section 65913.4(a)(6)(D), (E), (F), (G), (H), unless the development satisfies the requirements therein, which includes, but is not limited to, the following:
i. Very high fire hazard severity zone, hazardous waste site, delineated earthquake fault zone, 100-year floodplain, or regulatory floodway.
2. Demolition or Alteration Limitations.
a. Projects shall not include alteration or demolition of any of the following:
i. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income;
ii. Rent-controlled housing or housing subject to any form of price control, including, but not limited to, units subject to the California statewide rent control law and Article XVIII of the Santa Monica Charter, the City's rent control law;
iii. Housing that has been occupied by a tenant in the last 3 years;
iv. Housing on parcels with an Ellis Act eviction in the last 15 years from date of application submittal;
v. A contributing structure located within either a historic district that is included on the California Register of Historical Resources or within a City designated historic district; or
9 vi. An existing exterior structural wall of a structure located within either a historic district that is included on the California Register of Historical Resources or within a City designated historic district.
B. Permitted Projects. The following project types are permitted pursuant to this Section:
1. Lot Split. A permitted parcel may be subdivided into two parcels pursuant to Section (D), below.
2. Duplex. One duplex may be established or constructed on a permitted parcel pursuant to Section (E), below.
3. Lot Split With Single-Unit Dwelling or Duplex. Single-unit dwellings and duplexes are permitted to be established in conjunction with a lot split pursuant to Sections D and E, below.
C. Review Process.
1. Projects established under this Section shall be subject to a ministerial approval process as determined by the Director prior to submittal of a building permit.
2. Lot splits shall be subject to the provisions of Chapter 9.54, Land Divisions, as modified by Section 9.54.140, Special Procedures for Projects Subject to Specific State Law Provisions.
3. An application for a proposed project pursuant to this Section shall be considered and approved or denied within 60 days from the date of receipt of a completed application. If the Director has not approved or denied the completed application within 60 days, the application shall be deemed approved. If the application is denied, the Director shall return in writing within 60 days from receipt of the completed application, a 10 full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.
4. A project pursuant to this Section may be denied if the Building Official makes a written finding, based upon a preponderance of the evidence, that the proposed project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
D. Lot Split Standards and Requirements. Parcels subdivided pursuant to this Section shall comply with the following standards and requirements:
1. Minimum Parcel Size. Parcels resulting from a permitted lot split shall be no smaller than 1,200 square feet and 40% of the original parcel size.
2. Minimum Parcel Dimensions. No minimum parcel width or depth.
3. Access. Access to a public right-of-way shall be provided for each resulting parcel.
4. Easement. Easements, as required, shall be provided for the provision of public services and facilities for each resulting parcel.
5. Subdivision Limitations.
a. The subject parcel has not been previously subdivided pursuant to this Section or Government Code Section 66411.7.
b. The subject parcel is not adjacent to another parcel that has been subdivided pursuant to this Section or Government Code Section 66411.7 by the same owner or any person acting in concert with the same owner. 11 6. Occupancy. An applicant for a lot split shall sign an affidavit stating that the applicant intends to occupy one of the housing units as their principal residences for a minimum of three years from the date of the approval of the lot split. This requirement shall not apply to an applicant that is “community land trust,” as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or is a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code.
7. The City shall not require, as a condition for ministerial approval of a parcel map application for the creation of a lot split approved pursuant to this Section, the correction of nonconforming zoning conditions.
E. Development Standards and Requirements. Development established or constructed under this Section shall comply with all of the following standards and requirements. Where provisions are not specifically addressed, the standards of the underlying zoning district shall apply.
1. Land Uses. Permitted uses shall be limited to the following:
a. Single-unit dwelling.
b. Duplex.
c. Accessory dwelling unit.
d. Junior accessory dwelling unit.
2. Maximum Unit Count.
a. No Lot Split. Up to 4 units are permitted per parcel. A duplex must be established but no more than one duplex is permitted. The four permitted units are inclusive of accessory dwelling units pursuant to Section 9.31.025. 12 b. Lot Split. Up to two units are permitted on each parcel created by a lot split. The two permitted units are inclusive of accessory dwelling units and junior accessory dwelling units pursuant to Section 9.31.025, unless otherwise permitted in this Section.
c. Parcels 10,000 Square Feet or Greater. Pursuant to 6th Cycle Housing Element Program 4.E, notwithstanding subsection (a) and (b), above, on parcels 10,000 square feet or greater, more than four units may be permitted per parcel, inclusive of accessory dwelling units pursuant to Section 9.31.025.
3. Minimum Front Setback. If a lot split results in a front parcel line that is adjacent to an alley, 4 feet is required.
4. Minimum Side and Rear Setbacks.
a. 4 feet, except in the following circumstances:
i. In the case of a lot split, no setback shall be required from the newly created interior parcel line for permitted projects pursuant to this Section, provided that the structures meet fire and safety standards. ii. Existing structures or structures constructed in the same location and to the same dimensions may retain nonconforming setbacks.
5. Upper-Story Stepbacks. In the case of a lot split, no upper-story stepback shall be required from the newly created interior parcel line for permitted projects pursuant to this Section, provided that the structures meet fire and safety standards.
F. Parking. One parking space is required per unit established pursuant to this Section, except no parking is required if any of the following applies:
13 1. The parcel is located within one-half mile walking distance of either a highquality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code; or
2. There is a car share vehicle located within one block of the parcel.
G. Guaranteed Units. Unless denied pursuant to subsection (C)(4), above, and notwithstanding standards set forth within this Section or the underlying zoning district, no objective zoning, subdivision, or design standard shall have the effect of physically precluding the construction of up to 2 units of at least 1,500 square feet of floor area each on a parcel, or in the event of a lot split pursuant to the Section, either of the resulting parcels.
H. Lease Terms. Units created under this Section shall not be used for rental terms of 30 days or less.
I. Development Impact Fees.
1. Applicability of Chapter 9.64, Affordable Housing Production Program. Permitted projects under this Section are exempt from the affordable housing fee pursuant to Chapter 9.64.
2. Applicability of Chapter 9.65, Childcare Linkage Program, Chapter
9.66, Transportation Impact Fee Program, and Chapter 9.67, Parks & Recreation Development Impact Fee Program. Fees pursuant to Chapter 9.65, Chapter 9.66, and Chapter 9.67 shall be required for units created under this Section.
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 14 inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.
SECTION 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.
APPROVED AS TO FORM:
_________________________
HEIDI VON TONGELN
City Attorney