City Council
Report
City Council Meeting: January 13, 2026
Agenda Item: 11.C
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To: Mayor and City Council
From: Jing Yeo, Director, Administration
Subject: Consideration of Certain Prior Housing-Production Related Votes and Repeal of Interim Zoning Regulations Related to Projects Utilizing State Law for Small Lot Subdivisions and Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential
Recommended Actions
Staff recommends that the City Council:
1. Adopt findings of exemption under the California Environmental Qualiy Act as outlined in Environmental Review, below;
2. Adopt a Resolution Directing the Planning Commission to Initiate the Process of Amending the Zoning Ordinance Related to Projects Utilizing State Law for Small Lot Subdivisions Under 10 Units and Projects Consisting of Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential;
3. Approve Proposed Regulatory Updates to High-Rise Building Definitions and Single Stairway Multi-Family Building Provisions;
4. Ratify Adoption of the 2025 California Building Standards Code and Resolution making Findings of Climatic, Geological and Topographical Conditions, and
5. Repeal Emergency Interim Zoning Ordinance Number 2821 (CCS), Permitting the Establishment of Accessory Dwelling Units (ADUs) as Part of Projects Utilizing Senate Bill (SB) 1123 on Vacant Parcels Zoned for Single-Unit Residential, Ensuring Project Feasibility of SB 1123 Projects by Providing for Certain Relaxed Development Standards, and Expanding the Establishment of ADUs to All Projects Utilizing Government Code Sections 65852.28, and 66499.41 Which Includes Parcels Within Multiple-Unit Zoning District as Permitted Pursuant to SB 684.
Summary
On August 18, 2025, Mayor Pro Tem Zwick accepted an offer of employment with Housing Action Coalition (HAC). Prior to accepting employment, Mayor Pro Tem Zwick consulted with the City Attorney’s Office to determine whether accepting such a position 2 of 8
would create a conflict of interest with his role on the City Council and took steps to avoid any actual or perceived conflict. Mayor Pro Tem Zwick began his employment with HAC on September 8, 2025. Subsequently, Mayor Pro Tem Zwick sought formal advice from the Fair Political Practices Commission (FPPC), who issued an advice letter concluding that, prospectively, Mayor Pro Tem Zwick would be disqualified from participating in certain City Council decisions relating to housing production under the FPPC’s interpretation of the Political Reform Act and its “nexus test.” In light of the advice from the FPPC and timing of the employment, staff recommends, out of an abundance of caution, that Council consider the prior housing-production related votes that were taken by the Council between August 12 and September 30, 2025. Approval of these items would confirm Council’s prior decisions and remove doubt with respect to the prior actions.
Discussion
On August 18, 2025, Mayor Pro Tem Zwick accepted an offer of employment with the Housing Action Coalition (HAC). Prior to accepting employment, Mayor Pro Tem Zwick consulted with the City Attorney’s Office to determine whether accepting such a position would create a conflict of interest with his role on the City Council, and took further steps to avoid any actual or perceived conflict, including making clear that he would perform no work related to Santa Monica, ensuring that Santa Monica was excluded from his professional portfolio, and confirming that HAC would cease advocacy activities in Santa Monica, which it did prior to his start date. Mayor Pro Tem Zwick began his employment with HAC on September 8, 2025.
In October 2025, following continued public questions and concerns, the City Attorney’s Office sought opinions from multiple outside law firms regarding the application of the Political Reform Act to Mayor Pro Tem Zwick’s employment.
On October 28, 2025, Mayor Pro Tem Zwick publicly announced that he would voluntarily recuse himself from all housing-production-related matters while seeking formal guidance from the Fair Political Practices Commission (FPPC). Working in conjunction with the City Attorney’s Office, he then submitted a formal advice request to the FPPC on November 10, 2025.
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On December 8, 2025, the FPPC issued a formal advice letter concluding that, prospectively, Mayor Pro Tem Zwick is disqualified from participating in certain City Council decisions related to housing production under the FPPC’s interpretation of the Political Reform Act and its “nexus test.”
Specifically, while neither Mayor Pro Tem Zwick nor HAC's financial interest in housing production decisions made in Santa Monica met traditional criteria that would cause it to rise to the standard of being material, it was possible that under a separate “nexus test” that the FPPC might apply, “any reasonably foreseeable financial effect on a source of income to a public official or the official’s spouse is material if the decision will achieve, defeat, aid, or hinder a purpose or goal of the source.” Under that standard, the FPPC advised City housing production decisions could benefit HAC, despite safeguards put in place to ensure no direct benefit to either Mayor Pro Tem Zwick or HAC from such decisions.
The FPPC’s advice is forward-looking only. By statute, the FPPC does not issue opinions on past actions, and the FPPC did not find that Mayor Pro Tem Zwick acted improperly, violated the law, or failed to disclose his employment.
In light of the advice from the FPPC and timing of the employment, staff recommends, out of an abundance of caution, that Council consider the following housing-production related votes that were taken by the Council between August 12 and September 30, 2025. Approval of these items would confirm Council’s prior decisions and remove doubt with respect to the prior actions.
• Resolution of Intention for Amendments to the Zoning Ordinance Related to Small Lot Subdivision Under 10 Units and Duplexes and Lot Splits for Parcels Zoned for Single-Unit Residential
On August 12, 2025, Council adopted Resolution Number 11695 (CCS), directing the Planning Commission to initiate the process of formally amending the Zoning Ordinance related to: 1) projects utilizing State law permitting small lot subdivisions under 10 units; and 2) projects consisting of duplexes and lot splits for parcels zoned for Single-Unit Residential. The potential amendments would implement changes in State law arising out of SB 9/450, SB 684, and SB 1123, accompanying Council direction to incentive use of those State law provisions, as staff incorporates updates required after receiving implementation guidance from the California Department of Housing and Community 4 of 8
Development (HCD). The item was moved by Councilmember Raskin, seconded by Mayor Pro Tem Zwick, and approved on a vote of six to one.
The attached Resolution would direct the Planning Commission to re-start the Zoning Amendment process with respect to these potential amendments, but would not dictate to the Planning Commission what their recommendation for the proposed changes would be. After a public hearing for the recommendation by the Planning Commission, the proposed amendments will return to Council for a full public hearing and consideration.
• Approval of Proposed Regulatory Updates to High-Rise Building Definitions and Single Stairway Multi-Family Building Provisions
On September 9, 2025, Council: 1) directed staff to, as part of the City’s next regular building and fire code update process, align the City’s building and fire code definitions for high-rise buildings to be consistent with the Statewide high-rise definition as set forth in Health & Safety Code 13210(b); and 2) authorized staff to implement an updated Alternate Materials and Methods Request (AMMR) process for single-exit stairway multi-family residential buildings of up to six stories in height. The item was moved by Councilmember Raskin, seconded by Councilmember Zernitskaya, and approved on a vote of six to one.
Consistent with Council direction, staff presented to the City Council, and the City Council approved, building code updates which aligned building and fire code definitions for high-rise buildings as described below and has implemented an updated AMMR.
If Council votes to provide the same direction to staff, then the AMMR will continue and no amendment to the Building Code update would be necessary. • Adoption of the 2025 California Building Standards Code and Resolution making Findings of Climatic, Geological and Topographical Conditions On September 30, 2025, Council adopted Ordinance Number 2831 (CCS), and Resolution Number 11701 (CCS). Among other things, Ordinance Number 2831 and Resolution Number 11701, consistent with Council direction from its September 9 meeting, incorporated amendments to align the City’s building and fire code definitions for high-rise buildings to be consistent with the Statewide high-rise definition. The item 5 of 8
was moved by Councilmember Hall, seconded by Councilmember Zernitskaya, and approved by unanimous vote of seven to zero.
Ratification of the adoption of the City’s local Building Code amendments would affirm Council’s adoption and allow for continuity of Building Code applicability, limit complications with respect to permit processing, and no further action would be required.
Interim Zoning Regulations, Permitting the Establishment of Accessory Dwelling Units (ADUs) as Part of Projects Utilizing Senate Bill (SB) 1123 on Vacant Parcels Zoned for Single-Unit Residential, Ensuring Project Feasibility of SB 1123 Projects by Providing for Certain Relaxed Development Standards, and Expanding the Establishment of ADUs to All Projects Utilizing Government Code Sections 65852.28, and 66499.41 Which Includes Parcels Within Multiple-Unit Zoning District as Permitted Pursuant to SB 684
On June 10, 2025, Council adopted Emergency Interim Zoning Ordinance Number 2816 (CCS) to permit the establishment of Accessory Dwelling Units (ADUs) as part of projects utilizing SB 1123, which was to become effective as of July 1, 2025. Council gave further direction to return with additional amendments when the Emergency Interim Zoning Ordinance was renewed that provided modified requirements and development standards to help ensure feasibility for projects utilizing SB 1123 and also allowed for the addition of ADUs for projects utilizing SB 684 in the multi-unit zoning districts.
On July 29, 2025, Council adopted Emergency Interim Zoning Ordinance Number 2821 (CCS) to extend the interim zoning regulations adopted on June 10, 2025 and to include the additional provisions noted at the June 10, 2025 meeting.
As noted above, City Council then adopted Resolution Number 11695 (CCS) on August 12, 2025, directing the Planning Commission to initiate the process of formally amending the Zoning Ordinance to codify the provisions of Emergency Ordinance Number 2821. To date, no project has been submitted utilizing the provisions of the Emergency Ordinances. Accordingly, staff recommends City Council repeal Emergency Ordinance Number 2821.
If Council adopts the Resolution directing the Planning Commission to initiate the process to amend the Zoning Ordinance attached to this report, the proposed 6 of 8
amendments will move through the typical Zoning Amendment process, including a public hearing and review and recommendation by the Planning Commission.
Environmental Review
The actions taken by the City Council were previously studied and determined to be exempt from the California Environmental Quality Act (CEQA) as noted below.
Resolution of Intention for Amendments to the Zoning Ordinance Related to Small Lot Subdivision Under 10 Units and Duplexes and Lot Splits for Parcels Zoned for SingleUnit Residential This Resolution of Intention is the formal initiation of the process to consider permanent amendments to the Zoning Ordinance in accordance with the formal procedures of the SMMC and as such, is exempt from CEQA pursuant to Section 15061(b)(3) 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 activity in question may have a significant effect on the environment.” The Resolution of Intention is a required step that is administrative in nature. Therefore, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
Approval of Proposed Regulatory Updates to High-Rise Building Definitions and Single Stairway Multi-Family Building Provisions
The proposed policy updates are categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA guidelines, which states that CEQA applies only to projects that have the potential for causing a significant effect on the environment. The proposed updates provide policy discussion on potential future building code updates that would establish an alternate process for single exist stairway multifamily residential buildings. Therefore, it can be seen with certainty that the proposed updates would not result in adverse physical impacts on the environment, and as such, is exempt from CEQA.
Adoption of the 2025 California Building Standards Code and Resolution making Findings of Climatic, Geological and Topographical Conditions The updates to the Building Code 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 7 of 7 certainty that there is no possibility that the activity in question may have a significant 7 of 8
effect on the environment.” The updates to the Building Code help maintain general public safety and welfare of the community. Therefore, it can be seen with certainty that the building code updates would not result in a significant effect on the environment, and therefore, are exempt from CEQA.
Past Council Actions
Meeting Date Description
June 10, 2025 Public Hearing and Adoption of an Emergency Interim Zoning Ordinance to Permit the Establishment of Accessory Dwelling Units (ADUs) as Part of Projects Utilizing Senate Bill 1123 on Vacant Parcels Zoned for Single-Unit
Residential
July 29, 2025 Public Hearing and Adoption of Emergency Interim Zoning Ordinance of the City Council of the City of Santa Monica Extending and Amending Regulations Established by
Emergency Interim Zoning Ordinance 2816 (CCS) to Permit the Establishment of Accessory Dwelling Units (ADUs) as Part of Projects Utilizing Senate Bill (SB) 1123 on Vacant Parcels Zoned for Single-Unit Residential, Ensure Project Feasibility of SB 1123 Projects by Providing for Certain Relaxed Development Standards, and Expand the
Establishment of ADUs to All Projects Utilizing Government Code Sections 65852.28 and 66499.41 Which Includes
Parcels Within Multiple-Unit Zoning District as Permitted Pursuant to SB 684
August 12, 2025 Adoption of Resolution of Intention to Amend the Text of the City’s Zoning Ordinance Related to Projects Utilizing State Law Permitting Small Lot Subdivision Under 10 Units and Projects Consisting of Duplexes and Lot Splits for Parcels Zoned for Single-Unit Residential
September 9, 2025 Approval of Proposed Regulatory Updates to High-Rise Building Definitions and Single Stairway Multi-Family
Building Provisions
September 30, 2025 Introduction and First Reading of an Ordinance Adopting the 2025 California Building Standards Code and Adoption of a Resolution making Findings of Climatic, Geological and
Topographical Conditions
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of recommended action. Staff will return to Council if specific budget actions are required in the future.
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Prepared By: Jing Yeo, Director
Approved Forwarded to Council
Attachments:
A. 2026.01.13 - ROI_Small Lot Subdivisions
B. Written Comments
C. PowerPoint Presentation