1 City Council Meeting: January 28, 2025 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SECTION 9.31.195 OF THE SANTA MONICA
MUNICIPAL CODE TO ADD A REQUIREMENT THAT MULTIPLE DWELLING UNITS IN NON-RESIDENTIAL DISTRICTS CONDUCT A PHASE 1 ENVIRONMENTAL SITE
ASSESSMENT TO IDENTIFY POTENTIAL UNDERGROUND CONTAMINATION IN
ACCORDANCE WITH THE GOALS, POLICIES, AND ACTIONS OF THE AMENDED SAFETY ELEMENT OF THE CITY’S GENERAL PLAN
WHEREAS, Government Code section 65300 requires each city and county to adopt a comprehensive, long-term General Plan “for the physical development of the county or city, and any land outside its boundaries which in the planning agency’s judgment bears relation to its planning”; and
WHEREAS, Government Code section 65302 requires that a General Plan include at least eight required “elements;” and
WHEREAS, Government Code section 65302(g)(1) requires a Safety Element as one of the required elements of the General Plan; and
WHEREAS, the Safety Element establishes the City’s goals, policies, and programs to reduce the short- and long-term risk of death, injuries, property damage, and social dislocation due to natural and human-made hazards, including, but not limited to, geologic hazards, including earthquakes, ground failure, and landslides; flooding; hazardous materials and waste; airport hazards; and climate change effects, including sea level rise, droughts, heat waves, and fire; and
WHEREAS, the Safety Element also includes mapping of known seismic and other geologic hazards and addresses evacuation routes, military installations, peakload water 2 supply requirements, and minimum road and clearances around structures, as those items relate to identified fire and geologic hazards; and WHEREAS, the City’s Safety Element was last updated on February 21, 1995; and WHEREAS, since that time, significant new information has become available on public safety risks in the City, including, but not limited to, the designation of the Santa Monica Fault Zone, flooding, wildfires, and climate change effects; and WHEREAS, additionally, the State has established new statutory requirements pertaining to the Safety Element; and
WHEREAS, Senate Bill 379 (2017) requires the City to address climate adaptation and resiliency through the preparation of a vulnerability assessment or reliance on a Local Hazard Mitigation Plan that addresses climate adaptation risks and vulnerabilities; and WHEREAS, Senate Bill 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; and
WHEREAS, Senate Bill 99 (2019) requires the Safety Element to identify residential developments in any hazard area that do not have at least two emergency evacuation routes; and
WHEREAS, Assembly Bill 747 (2019) requires the 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; and
3 WHEREAS, the City adopted its Sixth Cycle Housing Element on October 11, 2022, which was certified by the California Department of Housing and Economic Development on or about October 14, 2022; and
WHEREAS, the City is also currently in the process of updating the Local Hazard Mitigation Plan which will identify local disaster hazards, assess the possibility of these hazards occurring and estimates potential costs, and identify actions to mitigate disaster losses; and
WHEREAS, integration of the Safety Element Update and Local Hazard Mitigation Plan ensures that City goals and policies to address hazards are aligned; and WHEREAS, the amended Safety Element includes updated goals, policies, and actions, including those to minimize risks due to accidental exposure of hazardous materials; and
WHEREAS, the amended Safety Element includes an action requiring new development in non-residential 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 a building permit; and WHEREAS, to effectuate this action, Section 9.31.195 of the Zoning Ordinance of the Santa Monica Municipal Code should be amended to add a requirement that multiple dwelling units in Non-Residential districts conduct a Phase 1 Environmental Site Assessment to identify potential underground contamination; and WHEREAS, on September 4, 2024, in accordance with Santa Monica Municipal Code Section 9.46.030(B), the Planning Commission adopted a Resolution of Intention, Resolution Number 24-012 (PCS), declaring its intention to consider recommending to 4 the City Council that the City Council amend the text of the Zoning Ordinance to implement the amended Safety Element of the City’s General Plan; and WHEREAS, on October 9, 2024, the Planning Commission conducted a duly noticed public hearing to consider recommending to the City Council that the City Council adopt the updated Safety Element and the amendment to Section 9.31.195; and WHEREAS, on January 28, 2025, the City Council conducted a duly noticed public hearing to consider the recommendation of the Planning Commission and now desires to adopt the amendment to Section 9.31.195 of the Zoning Ordinance of the Santa Monica Municipal Code to add a requirement that multiple dwelling units in non-Residential districts conduct a Phase 1 Environmental Site Assessment to identify potential underground contamination.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 9.31.195 is hereby amended to read as follows:
§ 9.31.195 Multiple-Unit Dwelling Projects.
The purpose of this Section is to establish requirements for multiple-unit dwelling projects; however, 100% affordable housing projects are exempt from subsections A and B of this Section.
A. Unit Mix. Multiple-unit dwelling projects with more than 50 units shall incorporate the requirements set forth below, except Tier 2 projects shall comply with Section
9.23.030(A)(2).
1. For market rate units:
5 a. At least 10% of the units shall be three-bedroom units; b. At least 10% of the units shall be two-bedroom units; c. No more than 15% of the units shall be studio units;
2. Affordable housing unit mix shall be governed by Chapter 9.64, Affordable Housing Production Program.
3. The Director may grant a waiver from this unit mix requirement pursuant to the requirements and procedures for Waivers in Chapter 9.43.
B. Transportation Demand Management. Multiple-unit dwelling projects that meet the applicability established in Section 9.53.030 shall include the following Transportation Demand Management measures in addition to those required by Chapter 9.53, Transportation Demand Management:
1. For nonresidential components of projects, provide the following:
a. A Transportation Allowance equivalent to at least 75% of the cost of a monthly regional transit pass, in accordance with Section
9.53.130(B)(2)(b)(viii).
b. Bike valet, free of charge, during all automobile valet operating hours.
2. For residential components of projects, provide a Transportation Allowance equivalent to at least 75% of the cost of a monthly regional transit pass, in accordance with Section 9.53.130(B)(2)(c)(iv).
C. Air Quality Assessment Zone. Multiple-unit dwelling projects within the Air Quality Assessment Zone shall be required to prepare a technical memorandum that describes the effectiveness of design features to reduce exposure to diesel particulate matter (DPM) as a part of the early project design process. Such memorandum shall be submitted at 6 the time of project application and shall be subject to review and approval by the Director prior to project approval.
D. Unit Replacement Requirements. Multiple-unit dwelling projects shall comply with all applicable residential unit replacement requirements in Chapter 9.34, Residential Unit Replacement Requirements.
E. Objective Design Standards for Streamlined, Ministerial Approval Process Established by Senate Bill 35. Qualifying multiple-unit dwelling projects that elect to use the streamlined, ministerial approval process established by Senate Bill 35 (SB 35), and set forth in Government Code Section 65913.4, shall be required to comply with objective design review standards, which may be established by resolution of the City Council.
F. Phase 1 Environmental Site Assessment. Multiple-unit dwelling projects in nonresidential 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.
SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such 7 inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.
SECTION 3. 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 4. 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:
_________________________
Douglas Sloan, City Attorney