City Council
Report
City Council Meeting: January 28, 2025
Agenda Item: 12.A
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To: Mayor and City Council
From: Jing Yeo, Acting Director, City Planning
Subject: (THE ITEM HAS BEEN CONTINUED AT THE REQUEST OF STAFF TO FEBRUARY 11, 2025) -- Adoption of Amended Safety Element of City’s General Plan; Introduction and First Reading of Ordinances to Require Environmental Site Assessments for Multiple-Unit Dwellings in Nonresidential Zoning Districts and to Designate City Hall East as an Essential Facility for Consistency with the Amended Safety Element
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) and a finding of Categorical Exemption pursuant to Section 15308 of the California Environmental Quality Act (CEQA) Guidelines;
2. Adopt Resolution to Adopt an Amended Safety Element of the City’s General Plan;
3. Introduce for First Reading an Ordinance Amending the Text of Section 9.31.195 of the Zoning Ordinance for Consistency with the Amended Safety Element; and
4. Introduce for First Reading an Ordinance Amending the Text of Section 8.12.040 of the Building Code for Consistency with the Amended Safety Element.
Summary
California State law (Government Code Section 65300) requires that each jurisdiction adopt a comprehensive, long term General Plan to guide future land use development and growth of that jurisdiction. Each General Plan must include eight “topics” or elements: land use, circulation, housing, conservation, open space, noise, safety, and environmental justice. State law requires general plans to include a Safety Element to identify and address natural and human-made hazards, as well as climate adaptation and resiliency.
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In compliance with State law, an updated Safety Element has been prepared to address natural hazards and human-made hazards in the built environment. The Safety Element focuses primarily on the hazards that are most cited in California State Laws pertaining to the Safety Element of the General Plan and to federal requirements for Local Hazard Mitigation Planning. These topics include:
• Geologic and Soil Hazards
• Seismic Hazards
• Flooding
• Fire
• Climate Change Effects (including Extreme Heat, Drought, Extreme Precipitation Severe Winds, Sea Level Rise)
• Hazardous Materials
• Airport Safety
With the devastation brought on by the recent Palisades Fire that erupted on January 7, 2025, it has become even more evident that adoption of an updated Safety Element is necessary to establish the City’s guiding values, policies, and priorities for ensuring a resilient and safe community.
Staff recommends that the City adopt the updated Safety Element and implementing text amendment changes to the Zoning Ordinance and the Building Code for consistency with the adopted Safety Element.
Background
The City’s existing Safety Element was adopted in 1995. Over 25 years have passed and since that time, new information has become available on public safety risks including the Santa Monica Fault Zone, flooding, wildfires, and climate change effects.
In addition, the State has established new statutory requirements pertaining to the Safety Element, which include:
• SB 379 (2015): Requires jurisdictions to review and update the safety element of the general plan as necessary to address climate adaptation and resiliency 3 of 14
strategies applicable to that city or county.
• SB 1035 (2018): Requires the update of the Safety Element upon adoption of the Housing Element update, which shall be updated at least every eight years to address new requirements and incorporate updated information during this time. • SB 99 (2019): Requires the Safety Element to identify residential developments in any hazard area that do not have at least two emergency evacuation routes. • AB747 (2019): Requires Safety Element to be reviewed and updated as necessary to identify evacuation routes and their capacity, safety, and viability under a range of emergency scenarios.
On October 14, 2022, the State of California’s Housing and Community Development Department (HCD) certified the City’s 6th Cycle 2021-2029 Housing Element. The adoption of the certified Housing Element triggers State law requirement to update the City’s Safety Element.
Additionally, the City is currently in the process of updating its Local Hazard Mitigation Plan (LHMP). The LHMP identifies local disaster hazards, assesses the possibility of these hazards occurring and estimates potential costs, and identifies actions to mitigate disaster losses. The Disaster Mitigation Act of 2000 requires revisions to the LHMP to be reviewed and approved by the Federal Emergency Management Agency (FEMA) every five years. The last LHMP was prepared in 2016, and an update of the LHMP is currently underway. The Safety Element has been prepared in coordination with the Office of Emergency Management to ensure that the Safety Element is consistent with the risk reduction and emergency response strategies that will be identified in the forthcoming LHMP. To ensure that the City will be considered for additional funding for eligible Public Assistance projects pursuant to AB 2140, the City incorporates by reference the LHMP and any future updated LHMP. If necessary, the City will amend the Safety Element to incorporate the LHMP, whenever an updated LHMP is approved by FEMA. The Safety Element provides a contextual framework and overview of the City’s hazard mitigation strategy and emergency response operation. It is not intended to serve as an emergency operations plan insofar as the Safety Element is a guiding policy document of the City, establishing the general values and principles as they 4 of 14
relate to hazards and public safety.
Discussion
In the context of State law on General Plans, the amended Safety Element addresses natural hazards and human-made hazards in the natural and built environment. The Safety Element focuses primarily on the hazards that are most cited in California State Laws pertaining to the Safety Element of the General Plan and to federal requirements for Local Hazard Mitigation Planning. These topics include:
• Geologic and Soil Hazards
• Seismic Hazards
• Flooding
• Fire
• Climate Change Effects (including Extreme Heat, Drought, Extreme Precipitation Severe Winds, Sea Level Rise)
• Hazardous Materials
• Airport Safety
The Safety Element builds upon and supports the City’s 2019 Climate Action and Adaptation Plan (CAAP) and will inform the Local Coastal Program (LCP) Land Use Plan (LUP) update, and other relevant City plans. The Safety Element also includes updated information and supplements the adaptation strategies in the CAAP and LUP with new goals and policies to address climate change effects, (i.e., flooding, extreme heat, air quality, drought, and wildfires) as well as other hazards (i.e., geologic/seismic risks, hazardous materials, airport hazards, and urban fires).
The Safety Element meets all the statutory requirements, and is organized into four chapters:
1. Introduction – Background on key statutory requirements for the Safety Element, the Safety Element’s relationship to other City plans, and the engagement process for drafting of the Safety Element
2. Existing Conditions – Analysis of existing risks and hazards, including a summary of populations vulnerable to hazards
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3. Disaster Preparedness, Emergency Response Operations and Recovery – Overview of the City’s emergency Preparedness and Response programs, agencies, and operations and identification of evacuation routes
4. Goals, Policies, and Actions – Summary table of goals, policies, and actions to address potential hazards
The Safety Element provides a comprehensive assessment of the various hazards in the natural and built environment affecting the City, identifies vulnerable populations, and establishes the regulatory framework for addressing these hazards, with the goal of creating a safer and more resilient City. Highlights of the Safety Element (by topic area) include:
Geology and Soil Hazards
Depending on the type and nature of the underlying soils, certain properties in the City could be subject to soil hazards such as compression, collapse, and expansion. The Safety Element provides:
• An assessment of areas in the City susceptible to soil failure such as areas with steep slopes and the City’s former landfill and claypit areas located in the City’s Bergamot Area.
• Goals, policies and actions to address potential soil failure and slope stability issues. This includes a commitment for regular monitoring of the Palisades Bluffs and updating the City’s Geotechnical Guidelines at least every 8 years.
Seismic Hazards
Similar to other cities and communities in southern California, an earthquake has the potential to cause significant loss of life or property in Santa Monica. The Safety Element provides a discussion of seismic hazards including surface fault rupture and earthquakes including:
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• An analysis of seismic hazards and seismically vulnerable buildings based on current data.
The Safety Element includes the most recent earthquake fault map showing the Santa Monica Fault Zone, based on the California Geological Survey (CGS)’ Alquist Priolo fault Zone map prepared in 2017. This map shows an approximation of where traces of the Santa Monica Fault is believed to exist based on CGS data. Since the establishment of this fault zone in 2017, over 20 fault zones have been conducted. To date, none of the fault studies have shown evidence of the Santa Monica Fault.
• Goals, policies, and actions to address seismic hazards including continued implementation of the City’s Seismic Retrofit Program and continuing to require that development located in the Santa Monica Fault zone comply with State regulatory requirements.
Flooding
Flooding is one of the most destructive natural hazards in the world, responsible for more deaths per year than any other geologic hazard. Severe flooding in the region is often the result of a combination of topographic features, excessive rainfall, and poor drainage infrastructure. The Safety Element includes:
• Up-to-date maps of areas in the City that are prone to flooding such as the coastal flood zones, tsunami hazard zones, and the dam inundation risk areas.
The Federal Emergency Management Agency (FEMA) publishes Flood Insurance Rate Maps (FIRMs) depicting areas subject to flood hazards. These Special Flood Hazard Areas (SFHAs) or Flood Zones include different types and levels of flooding risks. Only the coastal areas of the City are mapped as Special Flood Hazard Areas – these areas are at flooding risk from storm flooding and coastal flooding due to storm surges.
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• Goals, policies, and actions addressing flooding that align with the CAAP and forthcoming LCP Land Use Plan. These actions include planning for upgrades and/or expansion of public infrastructure as necessary to ensure that water storage and storm drain systems can adequately handle water storage and flow during heavy rainstorms.
Fire
The City is at risk from the effects of wildfires and urban fires. As was witnessed this month, wildfires have disastrous consequences to property and life. Additionally, it can overwhelm local emergency response resources and staff. This happened when the Palisades Fire along with other multiple wildfires erupted in Los Angeles County within the same week. The Safety Element includes:
• An analysis of wildfire and urban fire hazards in the City, including identification of fire zones.
The State Fire Marshal is mandated to classify Fire Hazard Severity Zones (FHSZ) in the state. Fire Hazard Severity Zones fall into the following classifications:
• Moderate
• High
• Very High
These zones are determined using on a scientific model of wildfire hazards to determine the likelihood of a wildfire and expected fire behavior. The methodology for assessing a wildfire zone differ for wildland vs non-wildland areas. The factors considered in determining fire hazard within wildland areas include fire history, flame length, terrain, local weather, and potential fuel over a 50-year period. Outside of wildlands, the fire model considers factors that might 8 of 14
lead to buildings being threatened, including terrain, weather, urban vegetation cover, blowing embers, proximity to wildland, fire history, and fire hazard in nearby wildlands.
The Palisades Fire that ignited in the Santa Monica Mountains immediately to the north occurred in a very high fire hazard severity zone. This zone ends at the Santa Monica northern city boundary. While there are no designated wildfire zones in the City, wildfires can uncontrollably cross over jurisdictional boundaries. The risk of wildfire spread led to mandatory evacuation orders in the northern portion of the City during the Palisades Fire. The Safety Element discusses the potential risk of wildfire spread from the nearby Santa Monica Mountains. Additionally, the Safety Element identifies potential risks and effects associated with wildfires such as smoke inhalation.
• Goals, policies, and actions addressing fire risks and fire protection needs that align with the City of Santa Monica Fire Department’s 2023-2028 Strategic Plan.
Chapter 4 of the Safety Element includes a number of policies to reduce fire risks in potential planning and siting of a new fire station in the northern portion of the City and the consideration of a development impact fee to address increases in fire demand associated with increased development. Other policies include active vegetation management and weed abatement as well as providing for fire safety education for residents living in the northern portion of the City near the wildfire zones.
Climate Change Effects
State law (SB 379) requires that Safety Elements address climate change vulnerabilities and adaptation strategies. Accordingly, the Safety Element discusses climate change effects including extreme heat, drought, extreme precipitation, severe wind, sea level rise, and wildfires. Specifically, the Safety Element includes:
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• An analysis of climate change effects on the City using the most recent scientific data and best available tools including Cal-Adapt and latest State guidance.
The updated Safety Element builds upon and updates the climate change vulnerability assessment in the City’s Climate Action and Adaptation Plan with additional measures to establish a comprehensive hazard mitigation and emergency response strategy. Inclusion of new sea level rise maps using the updated Coastal Storm Modeling System (CoSMoS) per the draft State of California Sea Level Rise Guidance: 2024 Science and Policy Update. • Goals, policies, and actions addressing climate change effects that support the CAAP and forthcoming LCP Land Use Plan. A new action in the updated Safety Element is the preparation of an Extreme Heat Plan which will include measures to address extreme heat effects, particularly on sensitive populations.
Hazardous Materials
Hazards exposure can occur due to the accidental release of hazardous materials from contaminated sites or sites that handle large quantities of hazardous materials. The Safety Element includes:
• A mapping and listing of known hazardous materials sites in the City, which include pharmacies, auto service and repair centers, medical facilities, and other sites known to have underground contamination from past uses. • Goals, policies, and actions to minimize risks due to accidental exposure of hazardous materials. This includes an action requiring new development in nonresidential districts to conduct a Phase 1 Environmental Site Assessment to investigate for the potential presence of hazardous materials and/or waste contamination before the issuance of building permit. This action is proposed to be added as a text amendment to Section 9.31.195 of the Zoning Ordinance. § 9.31.195 Multiple-Unit Dwelling Projects
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(F) Multiple-unit dwelling projects in non-residential districts or on a site identified on a list of hazardous materials sites compiled pursuant to Government Code § 65962.5 shall conduct a Phase 1 Environmental Site Assessment to investigate for the presence of hazardous materials and/or waste contamination. If the Phase 1 ESA finds that contaminated soil or groundwater is suspected to be present, the Applicant shall perform soil sampling and analysis to determine the extent of contamination. If contaminants are detected in soil at or above regulatory levels, then the results of the soil sampling shall be reviewed and acted upon by the appropriate regional, state, or local regulatory agencies as needed. No project construction shall occur in the affected area until case closure reports have been approved by the appropriate oversight agency.
Airport Safety
The Safety Element considers aviation safety as it relates to operation of the Santa Monica Airport. The Safety Element includes:
• An analysis of potential airport hazards with historical data on airport operations and aircraft-related accidents.
• Goals, policies, and actions to continue existing airport-noise and safety regulations and programs until anticipated closure of the Airport in 2028.
Vulnerability Assessment
The Safety Element is accompanied by a Vulnerability Assessment (Appendix B of the Safety Element) to identify vulnerable populations that will be affected ‘first and worst’ from environmental hazards and climate change effects. The Assessment includes risk assessment maps to identify specific locations and sensitive communities most likely to be severely impacted by hazards including wildfires, sea level rise and flooding, and extreme heat. Information from the Vulnerability Assessment is utilized to ensure that the goals, policies, and actions in the Safety Element prioritizes vulnerable populations and disadvantaged communities.
Disaster Preparedness, Emergency Response Operations and Recovery 11 of 14
The Safety Element provides a contextual framework and overview of the City’s hazard mitigation strategy and emergency response operation. It is not intended to serve as an emergency operations plan insofar as the Safety Element is a guiding document rather than an operational document. In compliance with State law, Chapter 3 of the Safety Element:
• Identifies potential evacuation routes and critical facilities that may be utilized during natural disasters and emergencies
• Identifies residential areas that have only a single means of egress/ingress • Describes the resources available to the public to help them prepare for and mitigate hazards
• Establishes the framework for improving the City’s effectiveness and capacity for emergency preparedness, response, and recovery operations.
As part of the Safety Element adoption, Staff is proposing that Section 8.12.040 of the Building Code be amended to replace “City Hall” with “City Hall East” as an identified Essential Facility as follows:
§8.12.040 Essential Facilities
The following facilities are designated as essential facilities, which are necessary for emergency operations subsequent to a natural or man-made disaster: police stations, fire stations and City Hall East. Such facilities shall be categorized as Risk Category IV as defined in Chapter 16 of the California Building Code.
While the existing City Hall has been seismically retrofitted, its age and condition makes it unsuitable to serve as an Essential Facility. The new City Hall East is better equipped to satisfy the requirements of an essential facility.
Interdepartmental Collaboration and Public Outreach
The Safety Element was prepared by the City Planning Division with review and collaboration from other City divisions and departments, including the Office of Emergency Management, Building and Safety Division, Public Works Department (Engineering Division, Architectural Services Division, Airport Division, Office of 12 of 14
Sustainability), Fire Department, and the Department of Transportation. Additionally, during preparation of the Safety Element, Staff conducted public engagement opportunities that included:
• Study Sessions at Planning Commission, Building and Fire Life Safety Commission, and Commission on Sustainability, Environmental Justice, and the Environment,
• Public Survey (available online and hard copy in English and Spanish), • Stakeholder feedback from Local Hazard Mitigation Plan Update workshops (available both in English and Spanish), and
• Public outreach events.
The draft Safety Element was made available for public review on-line for a period of 45 days, commencing on August 15, 2024, and ending on September 30, 2024. A total of seven public comment letters were received during the public review period. Responses to the commentors are addressed in Attachment B and where necessary, revisions have been made to the Safety Element to address these comments. The draft Safety Element was also reviewed by the Planning Commission and the Building, Fire and Life Safety Commission. On October 9, 2024, the Planning Commission voted 6-0 to recommend that the City Council adopt the updated Safety Element with recommended changes. Comments from both commissions have been incorporated into the amended Safety Element.
Environmental Review
The proposed adoption of the amended Safety Element and amendment to the Zoning Ordinance to implement the Safety Element is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines (common sense exemption). The Safety Element is primarily limited to policy modifications and updates in compliance with State law and is not anticipated to result in a direct or reasonably foreseeable indirect physical change in the environment, nor will the proposed changes have the potential for causing significant effect on the environment. Based on the evidence in the record, it can be seen with 13 of 14
certainty that there is no possibility that the proposed ordinance may have a significant effect on the environment. The draft Safety Element analyzes existing conditions and establishes the goals, policies, and actions to create a safer, and more resilient community.
Additionally, Section 15308 of the CEQA Guidelines exempts (Class 8) actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. The Safety Element addresses climate change effects with policies and actions that foster sustainability and environmental protection. Therefore, the Safety Element is exempt pursuant to Section 15308.
Additionally, the amended Safety Element would not alter the policies or forecasted land use development previously analyzed as part of the 2021-2029 6th Cycle Housing Element Environmental Impact Report (EIR) [SCH No. 20212269242021] that was certified by Council on October 12, 2021, with an Addendum to the EIR approved on October 11, 2022. Therefore, no further environmental review under CEQA is required.
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended actions. Staff will return to Council if specific budget actions are required in the future.
Prepared By: Rachel Kwok, Environmental Planner
Approved Forwarded to Council
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Attachments:
A. Safety Element December 2024 Draft (Web Link)
B. Safety Element December 2024 Draft - Appendix A (Web Link) C. Safety Element December 2024 Draft - Appendix B (Web Link) D. Safety Element Adoption Resolution
E. SMMC 9.31.195 Amendment
F. SMMC 8.12.040 Amendment