1 City Council Meeting: March 21, 2023 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING THE OFFICIAL DISTRICTING MAP FOR DESIGNATION OF PROPERTIES LOCATED AT 1811 WARWICK AVENUE AND 1808 34TH STREET WHEREAS, on July 6, 2010, the City Council adopted the Land Use and Circulation Element (“LUCE”) of the City’s General Plan including a General Plan Land Use Map; and
WHEREAS, the City’s new Zoning Ordinance, Chapters 9.01 through 9.52 of Article 9 of the Santa Monica Municipal Code (“Zoning Ordinance”), became effective on July 24, 2015, and included a revised Official Districting Map; and WHEREAS, on July 25, 2017, the City Council adopted the Downtown Community Plan which revised the Official Districting Map to include the DCP subareas; and WHEREAS, California Government Code Section 65860 was amended by SB 1333, which became effective on January 1, 2019, to require that Charter Cities have consistency between their General Plans and Zoning Ordinances; and WHEREAS, on July 17, 2019, the Planning Commission adopted Resolution Number 19-014, declaring its intention to consider recommending to the City Council that the City Council amend the land use designations in the General Plan Land Use Map and the Official Districting Map for consistent designation of identified parcels, including the properties located at 1811 Warwick Avenue and 1808 34th Street; and 2 WHEREAS, the City has reviewed and analyzed the currently adopted General Plan Land Use and Official Districting (Zoning) Maps and identified inconsistencies between the two maps for the properties located at 1811 Warwick Avenue and 1808 34th Street that require resolving; and
WHEREAS, California Government Code Section 66300 was added by SB 330, the Housing Crisis Act of 2019, and prohibits a local agency from changing the general plan land use designation, specific plan land use designation, or zoning of a parcel or parcels of property to a less intensive use or reducing the intensity of land use within an existing general plan land use designation, specific plan land use designation, or zoning district in effect at the time of the proposed change, below what was allowed under the land use designation or zoning ordinances of the affected county or affected city, as applicable, as in effect on January 1, 2018; and
WHEREAS, California Government Code Section 65915 et al., the State Density Bonus Law provides that, for purposes of determining maximum allowable residential density, if the density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan or specific plan, the greater shall prevail; and
WHEREAS, on October 11, 2022, the City Council conducted a duly-noticed public hearing to consider adopting the amended 6th Cycle Housing Element, and after considering oral and written testimony, adopted Resolution Number 11469 (CCS), adopting an amended 6th Cycle Housing Element, which was certified by the State on October 14, 2022; and
3 WHEREAS, the Housing Element includes a variety of programs intended to achieve goals and policies related to new housing production for all income categories and the preservation of existing housing, ensuring there is equitable housing access to all neighborhoods, housing for the homeless including housing assistance and supportive services to low-income households, and eliminating housing discrimination; and WHEREAS, the Housing Element sets forth a range of goals, policies and programs, including, but not limited to, procedural changes related to streamlining the review of housing projects, updating development standards and the Affordable Housing Production Program (“AHPP”) to ensure housing projects are feasible, providing opportunities for housing in areas of the City that do not currently permit housing, incentivizing housing in areas of the City that have not historically supported housing production, amending the City’s density bonus ordinance to ensure consistency with State law and integration into the City’s land use system, and committing to the production of affordable housing on City-owned/publicly owned land; and WHEREAS, the Housing Element requires the City to implement certain programs through amendments to the Land Use and Circulation Element of the General Plan, the Bergamot Area Plan, the Downtown Community Plan, and the Zoning Ordinance in phases, subject to specified deadlines; and
WHEREAS, on February 1, 2023, the Planning Commission conducted a duly noticed public hearing, and, after considering oral and written testimony regarding the proposed amendments to the Official Districting Map, adopted Resolution Number 23- 006 (PCS), recommending that the City Council amend the Official Districting Map for 4 identified parcels, including, but not limited to the properties located at 1811 Warwick Avenue and 1808 34th Street, based on the following findings:
1. The change in district boundaries is consistent in principle with the General Plan in that the proposed amendments will achieve consistency between the General Plan Land Use designations and designations in the Official Districting Map;
2. The change in district boundaries is consistent with the purpose of this Ordinance to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, and general welfare because the proposed changes will be consistent with State law provisions promoting housing development included in the Housing Crisis Act of 2019 (SB 330) as well as ensuring transparency and consistency for establishing maximum allowable density for purposes of State Density Bonus Law, which requires that where there is inconsistency between the density allowed under the zoning ordinance and the density allowed under the land use element of the General Plan or specific plan, the greater shall prevail; and
3. The change in district boundaries is necessary to achieve the balance of land uses desired by the City, consistent with the General Plan, and to increase the inventory of land within a given Zoning District in that the proposed changes will increase housing production consistent with the goals, policies, and programs set forth in the 6th Cycle (2021-2029) Housing Element of the General Plan.
5 WHEREAS, on March 21, 2023, the City Council conducted a duly noticed hearing, and, after considering all oral and written testimony, desires to amend the Official Districting Map for the properties located at 1811 Warwick Avenue and 1808 34th Street as set forth below.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Based upon the oral and written testimony presented to the City Council at the public hearing on March 21, 2023, regarding the proposed changes to the Official Districting Map for the properties located at 1811 Warwick Avenue and 1808 34th Street, the City Council hereby makes the following findings:
1. The changes in district boundaries are consistent in principle with the General Plan in that the amendments will achieve consistency between the General Plan Land Use designations and designations in the Official Districting Map;
2. The changes in district boundaries are consistent with the purpose of this Ordinance to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, and general welfare because the changes will be consistent with State law provisions promoting housing development included in the Housing Crisis Act of 2019 (SB 330) as well as ensuring transparency and consistency for establishing maximum allowable density for purposes of State Density Bonus Law, which requires that where there is inconsistency between the density allowed under the zoning ordinance and the density allowed under the land 6 use element of the General Plan or specific plan, the greater shall prevail; and
3. The changes in district boundaries are necessary to achieve the balance of land uses desired by the City, consistent with the General Plan, and to increase the inventory of land within a given Zoning District in that the changes will increase housing production consistent with the goals, policies, and programs set forth in the 6th Cycle (2021-2029) Housing Element of the General Plan.
Section 2. The City of Santa Monica Official Districting Map is hereby amended as set forth in Exhibits A and B, attached hereto.
SECTION 3. Any provision of the 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 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 7 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
8 EXHIBIT A
Amendments to the Official Districting Map for 1811 Warwick Avenue and 1808 34th Street
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1 Zoning Map Changes for 1811 Warwick Avenue and 1808 34th Street # APN Address Street LUCE Designation
Current Zoning
Designation Existing Development/Use Zone Change SSI
1 4268025002 1811 Warwick Ave Low Density Housing R1 Single-unit residence R2 2 4268025012 1808 34th St Low Density Housing R1 Single-unit residence R2 9 EXHIBIT B
Map of Amendments to the Official Districting Map
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