City Council
Report
City Council Meeting: September 30, 2025
Agenda Item: 12.B
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To: Mayor and City Council
From: Jing Yeo, Director, Administration
Subject: Adoption of a Resolution to Amend the Santa Monica General Plan Land Use Map and the Introduction and First Reading of an Ordinance to Amend the Official Districting Map for the Parcel Located at 1331 Wilshire Boulevard.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding that the proposed amendments to the General Plan Land Use Map and Official Districting Map are exempt from the provisions of the California Environmental Quality Act pursuant to Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines, consistent with the findings set forth in the “Environmental Review” section of this Report;
2. Adopt a Resolution Amending the Santa Monica General Plan Land Use Map for the Parcel Located at 1331 Wilshire Boulevard; and
3. Introduce for First Reading an Ordinance Amending the Official Districting Map for the Parcel Located at 1331 Wilshire Boulevard.
Summary
On May 13, 2025, staff brought forth for City Council’s consideration map amendments to the Santa Monica General Plan Land Use Map and Official District Map for the parcel located at 1331 Wilshire Boulevard, along with updates related to State law. After receiving public comment and engaging in discussion, Council voted to table the item to a later date with direction for staff to explore possible options that could be proposed to provide flexibility regarding legal non-conforming uses instead of a General Plan and Zoning map amendment.
Subsequent to the Council’s direction, there have been renewed requests from the property owner and also recent interest from new non-retail tenants in occupying the 2 of 8
vacant building. However, the partial residential zoning of the building would only allow a future use similar to the prior Rite Aid retail use. Santa Monica Municipal Code (SMMC) Chapter 9.27 regulates non-conforming uses and structures, in part, by limiting the expansion of legal non-confirming uses, and the chapter has citywide applicability.
Amendments to that chapter to allow for more flexibility related to legal non-conforming uses could be utilized to address the situation at 1331 Wilshire Boulevard, however, such a modification would have broad and potentially unknown and unintended impacts to legal non-conforming uses throughout the city. Given that there are hundreds of legal non-conforming parcels throughout the City, a change to SMMC Chapter 9.27 could potentially allow incompatible commercial uses in other parts of Santa Monica to persist indefinitely. As a result, staff does not believe that amendments to that chapter would be appropriate to address the issues presented at 1331 Wilshire Boulevard.
The subject parcel is currently “split zoned”, as it is located within both the Mixed-Use Boulevard (MUB) and Low Density Residential (R2) Zoning Districts with the split occurring through the rear portion of an existing commercial building. The General Plan designations for the parcel are similarly split. The subject map amendments will only be for a portion of the parcel to expand the Mixed-Use Boulevard zoning district and General Plan designation to encompass the entirety of the existing commercial structure and the immediately abutting single row of accessible parking and loading area.
Taking into account the totality of the proposed changes, these amendments are intended to correct a mapping error that has resulted in nonconforming conditions and impedes the ability to securing leasing and financing for the existing commercial building. Of particular note, the surface parking lot to the north (1224 14th Street) is not included in the proposed map amendments, with the parking lot set to remain as R2 and Low Density Residential land use designations.
Discussion
On May 13, 2025, staff brought forth for City Council’s consideration map amendments to the Santa Monica General Plan Land Use Map and Official District Map for the parcel located at 1331 Wilshire Boulevard that is predominantly developed with a commercial 3 of 8
retail building; however, the item was tabled by Council to a later date. The report below summarizes the parcel’s current conditions and issues, as well as the proposed map amendments. Additionally, staff requests direction from Council regarding the applicability of future development standard amendments for surface parking lots pursuant to Council direction.
Existing zoning of the subject parcel and
surrounding area. Red outline shows the location
of the proposed map amendments to MUB (purple
color).
Aerial view of the subject parcel and
surrounding area. Red outline shows the location
of the existing commercial building and adjacent
accessible parking and loading area, and is the
area subject to the proposed map amendments.
Current Parcel Conditions and Issues
The subject parcel, which is improved with a commercial building and associated immediately adjacent surface parking lot, is currently “split zoned” with the front twothirds along Wilshire Boulevard being zoned MUB and the rear one-third being zoned as R2. The Land Use and Circulation Element (LUCE) designations are similarly split.
The origin of this split zoning condition appears to have been created in error when the Official District Map was updated in 2015. Originally, the LUCE update in 2010 designated the entire parcel as Mixed Use Boulevard, which is comprised of four connected lots. However, in 2015 only the three lots adjacent to Wilshire Boulevard remained as MUB and the fourth lot that is part building / part loading area and accessible parking was changed to R2.
R2
Zone MUB
Zone
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This split zoning runs through the existing structure and therefore makes the rear R2 portion of the building nonconforming. This means that a portion of the existing building (formerly occupied by Rite Aid, a retail use) is not allowed by the underlying R2 zoning for the property but in accordance with SMMC Chapter 9.27 (nonconforming uses), the use is allowed to remain, but not expand, since it was established before the R2 zoning was enacted. This means that the only allowable future use of the building is a use similar to the former Rite Aid retail use. This has presented issues in potential reuse and leasing of the property with other non-retail commercial uses since commercial uses are generally prohibited in the R2 zoning district.
Subject site demonstrating
mapping error
Aerial view demonstrating split zoning
through existing building. Red outline shows
proposed map amendment to MUB (purple color)
Proposed Map Amendments
Given the development history of the parcel and issues the current split zoning has created for the parcel, staff recommends the following map amendments:
Address APN Existing
Zoning
Proposed
Zoning
Existing
LUCE
Proposed
LUCE
1331 Wilshire
Blvd
4281-
012-
025
MUB (Mixed Use
Boulevard) /
R2 (Low Density
Residential)
MUB
Mixed Use
Boulevard/
Low Density
Housing
Mixed Use
Boulevard
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Questions Raised On May 13, 2025
Questions arose during the last City Council hearing regarding whether this proposed amendment would constitute spot zoning. Spot zoning may occur when a small parcel of property is subject to more or less restrictive zoning than the surrounding properties, thereby creating an “island” in the middle of a larger area devoted to other uses. Staff has reviewed the proposed map amendments in light of questions related to spot zoning raised at the May 13 public hearing, The proposed map amendments here do not appear to constitute spot-zoning, as they would simply expand the MUB zone so that it applies to the entire commercial building and would not create an “island” commercial use surrounded by residential use on all sides.
Even if the amendments do constitute spot-zoning, they may be nonetheless permissible if the record demonstrates that spot zoning for a particular site is in the public interest (Foothill Communities Coalition v. County of Orange (2014) 222 Cal.App.4th 1302, 1306, 1314). Here, staff recommends that Council approve the proposed amendments based on consistency with the general plan, as supported by substantial evidence, and because it is in the public interest to ensure that vacant commercial space can be leased for the existing building and thereby reducing vacancies in the City.
In addition, questions were raised related to whether it was more appropriate to amend the City’s rules related to legal non-conforming uses rather than the proposed map amendments, and when tabling this item, Council directed staff to return with options related to amendments to the City’s rules for legal nonconforming uses. After review, staff does not recommend amendments to Chapter 9.27 to allow for more flexibility for legal nonconforming uses. As rezonings occur, any use that is legally existing on the property at the time of the rezone that is no longer permitted under the new underlying zoning is considered legal nonconforming. SMMC Chapter 9.27 sets forth the City’s rules related to legal non-conforming uses throughout the city, generally allowing those 6 of 8
uses to continue, but not expand. Additional flexibility could be created to allow the property at 1331 Wilshire to be released, however, that change would be of broad applicability to all legal nonconforming uses throughout the city. Given that there are hundreds of legally nonconforming uses in Santa Monica, such a change could have unintended consequences by allowing incompatible uses in other parts of the City to expand.
Additional Considerations/Council Direction
On July 29, 2025, City Council gave the following direction that staff develop options for revising development standards to effectively implement Housing Element Program 1.C, by assessing development standard updates to incentivize housing project along transit corridors, including on surface parking lots associated with commercial corridors.
If the proposed map amendments to 1331 Wilshire Boulevard are approved, future implementation of the above direction regarding surface parking lots will apply to the existing parking lot to the north (1122 14th Street), as it would be adjacent to a commercial zoning district (MUB). As the proposed map amendments were brought forth for Council’s consideration prior to the above direction, staff requests additional direction regarding the applicability of the upcoming implementation of Council’s direction regarding surface parking lots. Specifically, staff would like the following direction from Council:
Policy Question:
Due to the fact that a portion of the property is currently zoned residential, does Council want to exclude the surface parking lot located at 1122 14th Street from being eligible to use future amendments to the development standards for surface parking lots for housing projects?
Yes, exclude the surface parking lot located at 1122 14th Street. (Staff will review options as to how to restrict the use of the program to not apply to the subject parcel. This could potentially be accomplished by including a date as to when a surface parking lot had to be adjacent to a commercial district.) 7 of 8
No, allow the surface parking lot located at 1122 14th Street to be eligible for future development standards amendments.
Environmental Review
The amendments to the General Plan Land Use Map and Official Districting map are exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines, which states that CEQA does not apply where it can be seen with certainty that there is no possibility that the project may have a significant effect on the environment. The map amendments are proposed to correct zoning and land use designations that were erroneous. No change in the physical environment would result, because there would be no change to existing conditions on the parcel, no development is proposed as part of the map amendments, and the amendments only implement existing regulations. Therefore, it can be seen with certainty that there is no possibility that the amendments may have a significant effect on the environment and accordingly, the amendments are exempt from CEQA under Section 15061(b)(3).
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action. Staff will return to Council if specific budget actions are required in the future.
Prepared By: Ross Fehrman, Acting Planning Manager
Approved Forwarded to Council
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Attachments:
A. 2025.09.30 - Wilshire Blvd. Districting Map Amendments Resolution B. 2025.09.30 - Wilshire Blvd. Districting Map Amendments Ordinance C. PowerPoint Presentation