MEMORANDUM OF UNDERSTANDING (MOU)
This Memorandum of Understanding (MOU) is made and entered into on [Date], by and between the California Coastal Commission (Commission), a public agency, and the City of Santa Monica (City), a municipal corporation. The Commission and the City are individually referred to as “Party” and collectively referred to as “Parties.”
1. PURPOSE
The purpose of this MOU is to establish a mutual understanding and outline the cooperation between the parties regarding the process for developing a local coastal program (LCP), including an updated coastal Land Use Plan (LUP) that is consistent with Chapter 3 of the Coastal Act and an Implementation Plan (IP) that is consistent with a certified LUP, and timely processing before the Commission. This MOU does not alter or in any way lessen the application of the Coastal Act. Additionally, the MOU does not, and is not intended to, bind the City or the Commission in its discretion to review and act on the substance of the LCP and its component parts pursuant to existing statutory authority.
2. GUIDING PRINCIPLES
a. The Parties agree to work cooperatively and in good faith, identify creative solutions, and act expeditiously to achieve the objectives of this MOU, with the shared goal of protecting coastal resources and ensuring public coastal access.
b. The Parties will work together with the goal of crafting an LCP that reflects and is suited for the specific land use priorities, considerations, and constraints of the City’s coastal zone.
c. The Parties agree to use the 2018 draft Land Use Plan as a foundation for working toward completion of the LCP, with updates to address new land use circumstances, emerging policy priorities related to the City’s 2026 Realignment Plan, and updated Coastal Commission guidance for policy issue areas such as environmental justice and sea level rise resiliency. d. The Parties agree to, in drafting the LCP, incorporate the language of existing City land use ordinances and definitions to the maximum extent feasible and consistent with the Coastal Act and in acknowledgement of adopted City regulations.
e. The Parties agree to prioritize crafting LCP policies and processes designed to streamline permitting, provide for programmatic management, and facilitate sustainable and economically vibrant development within existing urbanized areas of the City’s coastal zone consistent with the Coastal Act, including but not limited to:
i. Commercial tenant improvement projects and changes of use/adaptive reuse
ii. Temporary events
iii. Outdoor dining
iv. Multimodal transportation facilities/roadway improvements v. Residential projects
vi. The City’s Home-sharing and Vacation Rental Ordinance vii. Tools for City management of on-street and off-street parking resources, including pricing, establishing, altering, eliminating, or otherwise managing regulations and requirements
viii. Tools for preferential parking zones
ix. Tools for City management of public safety issues on the beach x. Implementation Plan with definitions for key terms including but not limited to demolition and development
3. SCOPE OF WORK
Each Party agrees to contribute the following in support of the purpose described above:
a. The Commission will provide the City with examples from other local government jurisdictions of LCP policies and implementation methods to streamline approval, as reflected below.
b. The City will provide a City Council adopted public draft of the LUP based on the 2018 public draft LUP, with updates to address changed circumstances and account for emerging policy issues and priorities.
c. The Commission staff will review City deliverables and provide suggested modifications prior to scheduling a Coastal Commission hearing. d. The Commission staff will support the City throughout the process and will schedule the LUP for a Coastal Commission hearing as expeditiously as possible.
e. The City will provide a City Council adopted ordinance or ordinances to serve as the IP.
f. The Commission staff will schedule the IP for a Coastal Commission hearing as expeditiously as possible.
g. In order to ensure the expeditious completion of the LCP, parties agree to draft and review the LUP and IP concurrently, to the greatest extent feasible. h. Parties will collaborate to explore opportunities to leverage statutory tools and processes to streamline processing of coastal development permits (CDP), or permit exemptions where appropriate and consistent with the Coastal Act in the LCP, such as:
i. Waiver of public hearings for administrative reviews ii. De minimis waiver processes
iii. CDP Exemptions
iv. Categorical Exclusions from CDPs
v. Programmatic CDPs
vi. Administrative CDPs
vii. Other measures that streamline project review while appropriately maintaining protections for public coastal access and coastal resources.
i. Prior to certification of the LCP, parties will collaborate to explore opportunities to leverage the statutory tools and processes identified above to streamline processing of coastal development permits (CDP), or permit exemptions where appropriate and consistent with the Coastal Act for the following:
i. Temporary events (Programmatic CDP ) (nearest-term priority) ii. Commercial tenant improvements including changes in intensity of use/adaptive reuse
iii. Street improvements that improve multimodal access iv. Parking (Programmatic CDPs regulating price location, quantity, etc.) v. Outdoor dining
vi. Residential projects
4. TIMELINE
The parties will make every reasonable effort to abide by milestones and timelines that are mutually agreed upon with a commitment to start the process in July 2026 and a general goal of LCP Certification completed by December 31, 2027. The parties acknowledge that additional time may be necessary in order to address changes in circumstances or to resolve complex policy issues. The parties shall utilize the escalation process described below whenever helpful to ensure continued expeditious progress toward completing an LCP.
5. RESPONSIBILITIES
a. Both Parties’ designated staff agree to participate in regularly scheduled coordination meetings occurring at least monthly, if not more frequently. b. Either Party may request a meeting outside of the regularly scheduled meetings. Meetings shall be scheduled as soon as practicable. c. The Executive Director shall designate a primary point of contact at both the South Coast District staff level and at the Executive Management staff level. d. The City Manager shall designate a primary point of contact at the staff level. e. Both parties agree to share materials to review prior to a scheduled meeting as soon as practicable, but ideally two weeks prior to the meeting, in order to facilitate a productive discussion.
f. Prior to the City’s submittal of its LCP application to the Commission, the City and Commission shall identify a list of items that the Commission must receive from the City in order to deem the application complete. The list shall be comprehensive to the maximum extent feasible.
g. The City and the Commission will strive to achieve agreement, to the maximum extent feasible, on LCP policies prior to the City’s submittal of its LCP application to the Commission.
h. The City and the Commission will strive to ensure that the City’s submittals to the Commission, and the Commission’s feedback to the City on those submittals, is comprehensive, with the goal of minimizing the number of rounds of submittals.
i. Prior to deeming the City’s LCP application complete, Commission staff agree to review the submitted City LCP documents and request any additional information within 10 business days, until the City application is deemed complete.
j. After deeming the City’s LCP application complete, for materials submitted between the parties regarding LCP policies and draft modifications thereto, the City and the Commission agree to review, comment, and provide feedback to the other Party within 30 days to the best of their abilities. Longer review periods may be agreed upon by the Parties for larger or more complex submittals.
6. ESCALATION
Where conflicts over substantive policy issues are not resolved in the ordinary course of business through agreed-upon meetings and collaborative efforts within 30 days, conflicts either in process or in policy may be elevated for discussion with the Executive Director or other Designee, and the City Manager or other Designee, and a meeting shall take place generally within 30 days to the extent feasible of the request of the escalation.
7. TERM AND DURATION
This MOU shall become effective upon execution and remain in effect until the scope of work is complete or until terminated by either Party with written notice.
8. AMENDMENTS
This MOU may be amended at any time with mutual written consent of both parties.
Changes or amendments must be in writing and signed by both parties prior to effectiveness.
9. TERMINATION
Either Party may terminate this MOU within 30 days written notice to the other Party.
Otherwise, the MOU terminates upon completion of the scope of work.
10.NON-BINDING AGREEMENT
This MOU is not legally binding and does not create legal obligations. It represents the parties’ good-faith intent to collaborate. The MOU shall be governed and construed and enforced in accordance with California State Law.
11.SIGNATURES
By signing below, the parties acknowledge and agree to the terms outlined in this MOU.
California Coastal Commission:
Name: __________________________
Title:
____________________________
Signature: _______________________
Date: ___________________________
City of Santa Monica:
Name: __________________________
Title:
____________________________
Signature: _______________________
Date: ___________________________