1 City Council Meeting: September 24, 2024 Santa Monica, California RESOLUTION NUMBER ______ (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING THE TEXT OF THE LAND USE AND CIRCULATION ELEMENT OF THE
GENERAL PLAN FOR CONSISTENCY WITH THE GOALS, POLICIES, AND PROGRAMS SET FORTH IN THE 6TH CYCLE (2021-2029) HOUSING ELEMENT
AND MAKING OTHER MINOR CHANGES, CORRECTIONS, AND CLARIFICATIONS WHEREAS, on July 6, 2010, the City Council adopted the Land Use and Circulation Element of the City’s General Plan (“LUCE”), which designates the proposed general distribution, location, and extent of land uses within the City; and WHEREAS, the LUCE was adopted after an extensive planning process, and addresses neighborhood conservation and enhancement; integrated land use and transportation; proactive congestion management; complete neighborhoods with increased open space; community benefits; quality urban character and form; preservation of historic resources; and growth management; and WHEREAS, the LUCE differs from prior Land Use and Circulation elements, in part, by establishing a direct link between land use and transportation policies and programs and establishing new development policies and standards to ensure that quality development contributes to the character of the City; and WHEREAS, the Housing Element Law, California Government Code sections 65580 et seq., requires the City to review and update the Housing Element of its General Plan every eight years; 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 2 considering all 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
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 LUCE, the Bergamot Area Plan (“BAP”), the Downtown Community Plan (“DCP”), and the Zoning Ordinance in phases, subject to specified deadlines, to ensure consistency with the goals, policies, and programs set forth in the 6th Cycle Housing Element; and
3 WHEREAS, on February 1, 2023, the Planning Commission conducted a dulynoticed public hearing to consider its recommendation to the City Council, and after considering all oral and written testimony regarding the proposed amendments to the text of the LUCE, BAP, and DCP, adopted Resolutions of Recommendation, Resolution Numbers 23-002 (PCS), 23-004 (PCS) and 23-005 (PCS), recommending to the City Council amend the LUCE, DCP, and BAP to ensure consistency with the first phase of Housing Element implementation; and
WHEREAS, on March 21, 2023, the City Council conducted a duly-noticed public hearing to consider the recommendation of the Planning Commission, and, after considering all oral and written testimony, adopted Resolution Numbers 11512 (CCS), 11513 (CCS), and 11514 (CCS), to amend the LUCE, BAP, and DCP to ensure consistency with the first phase of Housing Element implementation, including Programs
1.A, 1.F, 1.J, 2.C, 2.D, and 4.A of the 6th Cycle Housing Element, which provided for streamlined approvals of housing projects, streamlined design review of housing projects, revised development standards for housing projects, modified inclusionary requirements in the City’s AHPP, and an updated Density Bonus Ordinance; and WHEREAS, the second phase of implementation programs for the 6th Cycle Housing Element is due by either October 2024 or December 2024, per the commitment in the adopted 6th Cycle Housing Element; and
WHEREAS, the City now desires to undertake the second phase of implementation for consistency with the goals, policies, and programs set forth in the 6th Cycle Housing Element, including all or portions of: Programs 1.B (Streamline the Architectural Review Process); 1.E (Revise the Design Standards in the Bergamot Area 4 Plan); 1.H (Adaptive Reuse); 1.I (Innovations in Construction Technology); 2.B (Right of First Offer Ordinance); 2.C (Update the City’s Affordable Housing Production Program – Part 2); 2.I (Zoning for Variety of Housing Types); 3.A (Restrict the Removal of Existing Rental and Protected Units); 3.E (Maintain a Low Income Residential Repair Program); and 5.B (Low Barrier Navigation Centers As By-Right Use); and WHEREAS, additional amendments to the LUCE, BAP, and DCP, along with other minor changes, clarifications, and corrections, will be necessary to ensure consistency with the goals, policies, and programs set forth in the 6th Cycle Housing Element as part of the second phase of Housing Element implementation; and WHEREAS, additional amendments are necessary to make other minor changes, clarifications, and corrections; and
WHEREAS on May 8, 2024, in accordance with Santa Monica Municipal Code section 9.45.060(A), the Planning Commission adopted a Resolution of Intention, Resolution Number 24-002 (PCS), declaring its intention to consider recommending to the City Council that the City Council amend the LUCE, the BAP, and the DCP for consistency with the goals, policies and programs set forth in the Housing Element and recent updates to State housing law and to make other minor changes, clarifications, and corrections; and
WHEREAS, on August 7, 2024, in accordance with Santa Monica Municipal Code section 9.5.070(A), the Planning Commission conducted a duly-noticed public hearing, and, after considering all oral and written testimony, adopted a Resolution of Recommendation, Resolution Number 24-008 (PCS), recommending to the City Council that the Council amend the text of the LUCE to ensure consistency with the second phase 5 of Housing Element implementation and to make other minor changes, clarifications, and corrections; and
WHEREAS, on September 24, 2024, the City Council conducted a duly-noticed public hearing to consider the recommendation of the Planning Commission, and, after considering all oral and written testimony, desires to amend the text of the LUCE to ensure consistency with the second phase of Housing Element implementation and to make other minor changes, clarifications, and corrections.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. Amendments to the text of the Land Use and Circulation Element of the General Plan. Pursuant to Santa Monica Municipal Code section
9.45.080, the City Council does hereby amend the text of Land Use and Circulation Element of the General Plan for consistency with the goals, policies, and programs set forth in the 6th Cycle Housing Element, or to ensure consistency with goals, policies and programs that were previously implemented, and making other minor changes, corrections and clarifications, as set forth in Exhibit A, attached to this Resolution.
SECTION 2. 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
6 Exhibit A
Proposed Amendments to the Land Use and Circulation Element of the General Plan
[BEHIND THIS PAGE]
7 LUCE Provision Proposed Amendment
Chapter 2, Land Use
Policy and
Designations, Policy
15.15, Page 2.1-22
Preserve Light, Air and Privacy between Commercial and
Residential Properties LU15.15 Preserve Light, Air and Privacy between Commercial and Residential Properties. Buildings that share a property line with a residentially-designated property are required to be setback at least 10 feet from the abutting residential property line as set forth in the Zoning Ordinance. Further, to assure privacy and access to sunlight and air for the adjacent residential use, all new buildings and additions to existing buildings shall not project, except for permitted projections, beyond a building envelope commencing at 25 feet in height above the property line abutting the residential property or where there is an alley abutting the residentially-designated property, the centerline of the alley, and from that point, extending at a 45-degree angle from vertical towards the interior of the site.
Chapter 2, Land Use
Policy and
Designations, MixedUse Boulevard Low,
Figure 4: Minimum Façade: Remove reference to minimum 15’ ground floor floor-to-floor height.
Chapter 2, Land Use
Policy and
Designations, MixedUse Boulevard Low,
Figure 5, Rear Yard Step Backs at Residential Properties:
Delete
Chapter 2, Land Use
Policy and
Designations, MixedUse Boulevard Low,
First bullet point:
• Buildings that share a property line with a residentiallydesignated property are required to be setback at least 10 feet from the abutting residential property line. Further, to assure privacy and access to sunlight and air for the
adjacent residential use, all new buildings and additions to existing buildings shall not project, except for permitted projections, beyond a building envelope commencing at 25 feet in height above the property line abutting the residential property or where there is an alley abutting the residentiallydesignated property, the centerline of the alley, and from that point, extending at a 45-degree angle from vertical towards the interior of the site.
Chapter 2, Land Use
Policy and
Designations, MixedUse Boulevard Low,
Sixth bullet point:
Buildings that share a property line with a residentiallydesignated property are required to be setback at least 10 feet from the abutting residential property line. Further, to assure privacy and access to sunlight and air for the adjacent residential use, all new buildings and additions to existing buildings shall not project, except for permitted projections, 8 beyond a building envelope commencing at 25 feet in height above the property line abutting the residential property or where there is an alley abutting the residentially-designated property, the centerline of the alley, and from that point, extending at a 45-degree angle from vertical towards the interior of the site. (see Figure 5)
Chapter 2, Land Use
Policy and
Designations, MixedUse Boulevard, Page
2.1-38
Second-to-last bullet point:
Buildings that share a property line with a residentiallydesignated property are required to be setback at least 10 feet from the abutting residential property line. Further, to assure privacy and access to sunlight and air for the adjacent residential use, all new buildings and additions to existing buildings shall not project, except for permitted projections, beyond a building envelope commencing at 25 feet in height above the property line abutting the residential property or where there is an alley abutting the residentially-designated property, the centerline of the alley, and from that point, extending at a 45-degree angle from vertical towards the interior of the site.(see Figure 11)
Chapter 2, Land Use
Policy and
Designations, MixedUse Boulevard,
Page2.1-38
Figure 10, Minimum Façade: Remove reference to minimum 15’ ground floor floor-to-floor height
Chapter 2, Land Use
Policy and
Designations, MixedUse Boulevard, Page
2.1-38
Figure 11, Rear Yard Step Backs at Residential Properties:
Delete
Chapter 2, Land Use
Policy and
Designations, General
Commercial, Page 2.1-
40 Figure 12, Santa Monica Blvd. 25’ Base Height: Remove reference to minimum 15’ ground floor floor-to-floor height Chapter 2, Land Use
Policy and
Designations, General
Commercial, Page 2.1-
40 Figure 13, Lincoln & Pico Blvds, 32’ Base Height and Max Façade: Remove reference to minimum 15’ ground floor
Chapter 2, Land Use
Policy and
Designations, General
Commercial, Page 2.1-
40 Figure 14, Santa Monica Blvd, 35’ Height Limit and Max Façade: Remove reference to minimum 15’ ground floor
Chapter 2, Land Use
Policy and
Designations, General
Commercial, Page 2.1-
42 Figure 16, Minimum Façade: Remove reference to minimum 15’ ground floor floor-to-floor height
9 Chapter 2, Land Use
Policy and
Designations, General
Commercial, Page 2.1-
42 Figure 17, Rear Yard Step Backs at Residential properties:
Delete
Chapter 2, Land Use
Policy and
Designations, General
Commercial, Page 2.1-
42 Last bullet point:
Buildings that share a property line with a residentiallydesignated property are required to be setback 10 feet from the abutting residential property line. Further, to assure privacy and access to sunlight and air for the adjacent residential use, all new buildings and additions to existing buildings shall not project, except for permitted projections, beyond a building envelope commencing at 25 feet in height above the property line abutting the residential property and from that point, extending at a 45-degree angle from vertical toward the interior of the site. (see Figure 17)
Chapter 2, Land Use
Policy and
Designations,
Neighborhood
Commercial, Page 2.1-
43 Figure 18, 32’ Base Hight: Remove reference to max facade with min 15’ ground floor floor-to-floor
Chapter 2, Land Use
Policy and
Designations,
Neighborhood
Commercial, Page 2.1-
43 Figure 20, Rear Yard Step Backs at Residential: Delete Chapter 2, Land Use
Policy and
Designations,
Neighborhood
Commercial, Page 2.1-
44 Last bullet point:
Buildings that share a property line with a residentiallydesignated property are required to be setback at least 10 feet from the abutting residential property line. Further, to assure privacy and access to sunlight and air for the adjacent residential use, all new buildings and additions to existing buildings shall not project, except for permitted projections, beyond a building envelope commencing at 25 feet in height above the property line abutting the residential property or where there is an alley abutting the residentially-designated property, the centerline of the alley, and from that point, extending at a 45-degree angle from vertical towards the interior of the site. (see Figure 20)
Chapter 2, Land Use
Policy and
Designations,
Bergamot Transit
Village, Page 2.1-45
Figure 21, 32’ Base Height: Remove reference to minimum 15’ ground floor floor-to-floor height
Chapter 2, Land Use
Policy and
Figure 22, 39’ Base Height and Max Façade: Remove reference to minimum 15’ ground floor floor-to-floor height
10 Designations,
Bergamot Transit
Village, Page 2.1-45
Chapter 2, Land Use
Policy and
Designations,
Bergamot Transit
Village, Page 2.1-46
TIER 3 - ABOVE BASE - WITH ADDITIONAL COMMUNITY
BENEFITS Subject to a discretionary review process and an Area Plan, projects that provide additional community benefits, may request a height up to 75 feet and 3.5 FAR. Significant variation in rooflines and building form is required with specific standards to be included in the Bergamot Transit Village Area Plan. Pursuant to the plan, projects may also request height up to 81 feet if there is a corresponding percentage decrease in FAR for the actual height above 75’. The ground floor floor-to floor height above 13.5’ shall not be counted towards the overall height of the building so long as it does not exceed an additional 5’. The average building height shall be a minimum of 10 feet less than the maximum requested height (see Figure 24).
Chapter 2, Land Use
Policy and
Designations,
Bergamot Transit
Village, Page 2.1-47
Figure 25 Minimum Façade: Remove reference to minimum 15’ ground floor floor-to-floor height
Chapter 2, Land Use
Policy and
Designations,
Bergamot Transit
Village, Page 2.1-47
Figure 26, Rear Yard Step Backs at Residential Properties:
Delete
Chapter 2, Land Use
Policy and
Designations,
Bergamot Transit
Village, Page 2.1-47
Last bullet point:
Buildings that share a property line with a residentiallydesignated property are required to be setback at least 10 feet from the abutting residential property line. Further, to assure privacy and access to sunlight and air for the adjacent residential use, all new buildings and additions to existing buildings shall not project, except for permitted projections, beyond a building envelope commencing at 25 feet in height above the property line abutting the residential property or where there is an alley abutting the residentially-designated property, the centerline of the alley, and from that point, extending at a 45-degree angle from vertical towards the interior of the site. (see Figure 26)
Chapter 2, Land Use
Policy and
Designations, MixedUse Creative, Page
2.1-48
Figure 27, 32’ Base Height: Remove reference to minimum 15’ ground floor floor-to-floor height
Chapter 2, Land Use
Policy and
Designations, MixedUse Creative, Page
2.1-48
Figure 28, 36’ Base Height: Remove reference to minimum 15’ ground floor floor-to-floor height
11 Chapter 2, Land Use
Policy and
Designations, MixedUse Creative, Page
2.1-49
Figure 31, Minimum Façade: Remove reference to minimum 15’ ground floor floor-to-floor height
Chapter 2, Land Use
Policy and
Designations, MixedUse Creative, Page
2.1-49
Figure 32, Rear Yard Step Backs at Residential Properties:
Delete
Chapter 2, Land Use
Policy and
Designations, MixedUse Creative, Page
2.1-50
Last bullet point:
Buildings that share a property line with a residentiallydesignated property are required to be setback at least 10 feet from the abutting residential property line. Further, to assure privacy and access to sunlight and air for the adjacent residential use, all new buildings and additions to existing buildings shall not project, except for permitted projections, beyond a building envelope commencing at 25 feet in height above the property line abutting the residential property or where there is an alley abutting the residentially-designated property, the centerline of the alley, and from that point, extending at a 45-degree angle from vertical towards the interior of the site. (see Figure 32)
Chapter 2, Land Use
Policy and
Designations, Beach
and Oceanfront, Page
2.1-52
Figure 33, 32’ Base Height: Remove reference to minimum 15’ ground floor floor-to-floor height
Chapter 2, Land Use
Policy and
Designations, Beach
and Oceanfront, Page
2.1-52
Figure 34, 39’ Base Height and Max Façade: Remove reference to minimum 15’ ground floor floor-to-floor height
Chapter 2, Land Use
Policy and
Designations, Beach
and Oceanfront, Page
2.1-52
Figure 36, Minimum Façade: Remove reference to minimum 15’ ground floor floor-to-floor height
Chapter 2, Land Use
Policy and
Designations, Beach
and Oceanfront, Page
2.1-52
Figure 37, Rear Yard Step Backs at Residential Properties:
Delete
12 Chapter 2, Land Use
Policy and
Designations, Beach
and Oceanfront, Page
2.1-54
Third bullet point
Buildings that share a property line with a residentiallydesignated property are required to be setback at least 10 feet from the abutting residential property line. Further, to assure privacy and access to sunlight and air for the adjacent residential use, all new buildings and additions to existing buildings shall not project, except for permitted projections, beyond a building envelope commencing at 25 feet in height above the property line abutting the residential property or where there is an alley abutting the residentially-designated property, the centerline of the alley, and from that point, extending at a 45-degree angle from vertical towards the interior of the site. (see Figure 37)
Chapter 2, Land Use
Policy and
Designations, Beach
and Oceanfront, Page
2.1-54
Figure 38, 32’ Base Height: Remove reference to minimum 15’ ground floor floor-to-floor height
Chapter 2, Land Use
Policy and
Designations, Beach
and Oceanfront, Page
2.1-54
Figure 40, Minimum Façade: Remove reference to minimum 15’ ground floor floor-to-floor height
Chapter 2, Land Use
Policy and
Designations, Beach
and Oceanfront, Page
2.1-55
Ninth bullet point:
Buildings that share a property line with a residentiallydesignated property are required to be setback at least 10 feet from the abutting residential property line. Further, to assure privacy and access to sunlight and air for the adjacent residential use, all new buildings and additions to existing buildings shall not project, except for permitted projections, beyond a building envelope commencing at 25 feet in height above the property line abutting the residential property or where there is an alley abutting the residentially-designated property, the centerline of the alley, and from that point, extending at a 45-degree angle from vertical towards the interior of the site.
Chapter 2, Land Use
Policy and
Designations, Office
Campus, Page 2.1-56
Figure 41, 32’ Base Height: Remove reference to minimum 15’ ground floor floor-to-floor height
Chapter 2, Land Use
Policy and
Designations, Office
Campus, Page 2.1-56
Figure 42, Max Façade: Remove reference to minimum 15’
ground floor floor-to-floor height
Chapter 2, Land Use
Policy and
Designations, Office
Campus, Page 2.1-56
Figure 44, Minimum Façade: Remove reference to minimum 15’ ground floor floor-to-floor height
13 Chapter 2, Land Use
Policy and
Designations, Office
Campus, Page 2.1-56
Figure 45 Rear Yard Step Backs at Residential Properties:
Delete
Chapter 2, Land Use
Policy and
Designations, Office
Campus, Page 2.1-57
Fourth bullet point:
Buildings that share a property line with a residentiallydesignated property are required to be setback at least 10 feet from the abutting residential property line. Further, to assure privacy and access to sunlight and air for the adjacent residential use, all new buildings and additions to existing buildings shall not project, except for permitted projections, beyond a building envelope commencing at 25 feet in height above the property line abutting the residential property or where there is an alley abutting the residentially-designated property, the centerline of the alley, and from that point, extending at a 45-degree angle from vertical towards the interior of the site. (see Figure 45)