1 City Council Meeting: July 14, 2026 Santa Monica, California ORDINANCE NUMBER _______ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY OF SANTA MONICA CITY COUNCIL TO AMEND THE
TEXT OF THE ZONING ORDINANCE TO EXCLUDE CERTAIN SITES FROM SENATE BILL (SB) 79 IMPLEMENTATION UNTIL ONE YEAR FOLLOWING THE ADOPTION OF THE 7TH CYCLE (2029-2037) HOUSING ELEMENT AND TO INCREASE
DEVELOPMENT STANDARDS FOR PARCELS ZONED MULTI-UNIT RESIDENTIAL
THAT ARE LOCATED WITHIN ONE-HALF MILE OF THE METRO E EXPO/BUNDY
STATION
WHEREAS, California faces a housing shortage both acute and chronic, particularly in areas with access to robust public transit infrastructure; and WHEREAS, building more homes near transit access reduces housing and transportation costs for California families, and promotes environmental sustainability, economic growth, and reduced traffic congestion; and
WHEREAS, public transit systems require sustainable funding to provide reliable service, especially in areas experiencing increased density and ridership; and WHEREAS, the state does not invest in public transit service to the same degree as it does in roads, and the state funds a smaller proportion of the state’s major transit agencies’ operations costs than other states with comparable systems; and WHEREAS, transit systems in other countries derive significant revenue from transit-oriented development at and near their stations; and WHEREAS, on October 10, 2025, Governor Newsom signed Senate Bill 79 (“SB 79”), the Abundant and Affordable Homes Near Transit Act, which became effective on July 1, 2026; and
2 WHEREAS, in adopting SB 79, the Legislature made findings and declarations, including that the State faces a housing crisis of availability and affordability, in large part due to a severe shortage of housing, and solving the housing crisis therefore requires a multifaceted, statewide approach, including, but not limited to, encouraging an increase in the overall supply of housing, encouraging the development of housing that is affordable to households at all income levels, removing barriers to housing production, expanding homeownership opportunities, and expanding the availability of rental housing; and
WHEREAS, SB 79 requires cities to permit, as an allowable use, housing development projects that meet applicable standards and are located within a half mile distance of a major transit stop, as defined, on any site zoned for residential, mixed use, or commercial development; and
WHEREAS, SB 79 further provides guaranteed height, density, and FAR standards for eligible housing projects near Transit-Oriented Development (“TOD”) stops and additional concessions beyond State Density Bonus Law; and WHEREAS, although SB 79 has certain mandated requirements, it provides flexibility and a measure of local control to jurisdictions with respect to its implementation; and
WHEREAS, on April 15, 2026, the Planning Commission conducted a study session wherein staff presented an overview of SB 79 including its impact on Santa Monica and three implementation options permitted under SB 79: 1) implementation of SB 79 on July 1, 2026; 2) a temporary exclusion of certain sites in transit-oriented zones, 3 as defined, until 2030, one year after adoption of the City’s 7th Cycle (2029-2037) Housing Element; and 3) adoption of a TOD Alternative Plan; and WHEREAS, at the conclusion of the study session, the Commission voted unanimously to recommend that City Council direct staff to pursue adoption of an ordinance to temporarily exclude sites to allow time to adopt a TOD Alternative Plan; and WHEREAS, on April 28, 2026, the City Council conducted a study session to review the same implementation options for SB 79, including the Planning Commission’s April 15, 2026 recommendations to the Council, and directed staff to proceed with adopting a temporary exclusion ordinance until such time a TOD Alternative plan could be implemented; and
WHEREAS, on April 28, 2026, in accordance with Santa Monica Municipal Code Section 9.46.030(A), the City Council further adopted a Resolution of Intention, Resolution Number 11755 (CCS), declaring its intention to direct the Planning Commission to initiate the process of amending the text of the Zoning Ordinance to effectuate the requirements of Senate Bill 79; and
WHEREAS, on June 17, 2026, the Planning Commission conducted a duly noticed public hearing, and after considering all oral and written testimony, adopted Resolution Number 26-008 (PCS), recommending to the City Council that the City Council amend the text of the Zoning Ordinance to exclude certain sites from Senate Bill (SB) 79 implementation until 2030, one year following the adoption of the 7th Cycle Housing Element, and to increase development standards for targeted parcels in the multi-unit residential zoning districts within one-half mile of the Metro E Expo/Bundy station, based on the findings set forth therein; and
4 WHEREAS, adoption of an ordinance that temporarily excludes certain sites from SB 79 implementation will, among other things, ensure that the City’s local implementation of SB 79 does not conflict with local land use initiatives and environmental concerns; and
WHEREAS, until such an ordinance is adopted, the City is prohibited from imposing certain height, density, and floor area ratio limits for eligible housing projects located within a half mile of a TOD stop; and
WHEREAS, implementing temporary exclusions to delay implementation of increased development standards mandated by SB 79 to one year after adoption of the 7th Cycle Housing Element will protect the public health, safety and welfare; and WHEREAS, on June 1, 2026, as required by SB 79, the Southern California Association of Governments (“SCAG”), as the region’s metropolitan planning organization, published a draft map of designated TOD stops and zones on-line for initial public review; and
WHEREAS, on July 2, 2026, the Regional Council of Governments adopted SCAG’s proposed map, with revisions; and
WHEREAS, the City conducted modeling analyses based on SCAG map to evaluate sites within the City that are eligible for temporary exclusion pursuant to the criteria in Government Code Section 65912.161(b)(1); and WHEREAS, the City Council desires to temporarily exclude sites: (1) that permit density and residential floor area ratios at no less than 50 percent of SB 79’s minimum standards; (2) with designated historic resources; and (3) located in a transit-oriented development zone in which at least 33 percent of sites have permitted density and 5 residential floor area ratio no less than 50 percent of the standards specified in SB 79 and which includes sites with densities that cumulatively allow for at least 75 percent of the aggregate density for the transit-oriented development zone, as specified; and WHEREAS, the City has and will continue to comply with SB 79’s purpose and intent, including, without limitation, building more homes near transit access, promoting environmental sustainability, economic growth, reducing traffic congestion, and Affirmatively Furthering Fair Housing; and
WHEREAS, the additional time provided with adoption of the exclusion ordinance, will allow the City to make more informed, long-term land use decisions pending completion of a TOD Alternative Plan; and
WHEREAS, the City Council now desires to amend the text of the Zoning Ordinance to exclude sites from SB 79 implementation until one year following the adoption of the 7th Cycle Housing Element and to increase development standards for targeted parcels in the Multi-Unit Residential zoning districts within one-half mile of the Metro E Expo/Bundy station.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. City Council hereby amends the text of the Zoning Ordinance related to projects meeting the temporary exclusionary requirements pursuant to SB 79. In amending the text of the Zoning Ordinance, the City Council hereby finds and declares that, for the reasons articulated above, and in the staff report dated July 14, 2026:
1. The amendments to the text of the Zoning Ordinance are consistent with the General Plan and any applicable specific plan in that the 6 amendments are required to implement an Exclusion Ordinance pursuant to SB 79 and are otherwise consistent with the goals and policies of the General Plan by helping to meet local housing goals and to facilitate more diverse housing choices in the City’s highest opportunity areas.
2. The amendments are consistent with the purpose of the Zoning Ordinance to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, and general welfare in that the amendments are necessary to implement State law pertaining to SB 79 on qualifying parcels in order to help meet local housing goals and to facilitate more diverse housing choices in the City’s highest opportunity areas.
SECTION 2. Chapter 9.06, Transit-Oriented Development Zones, is hereby added to Division 2, Article 9 Planning and Zoning of the Santa Monica Municipal Code and shall read as follows:
Chapter 9.06 Transit-Oriented Development Zones
9.06.010 Purpose
This Chapter, in accordance with Government Code Section 65912.160(e), exempts certain qualifying sites from the provisions of Senate Bill 79, the “Abundant and Affordable Homes Near Transit Act” (codified in California Government Code Sections 65912.155 through 65912.162), until one year following the adoption of the 7th Cycle (2029-2037) Housing Element of the City’s General Plan.
9.06.020 Exclusion of Eligible Sites from Increased Development Standards 7 In accordance with Government Code Section 65912.161(b)(1), a parcel meeting any one of the following criteria shall be excluded from the provisions of Government Code Section 65912.157 until one year following the adoption of the 7th Cycle (2029-2037) Housing Element:
(A) A parcel, as identified on the City’s Official Zoning Districting map, that permits density and residential floor area ratio at no less than 50 percent of the standards specified under subdivision (a) of Government Code Section 65912.157. (B) A parcel in a transit-oriented development zone, as defined by Government Code Section 65912.156(m), in which:
(1) At least 33 percent of sites in the relevant transit-oriented development zone have permitted density and residential floor area ratio no less than 50 percent of the standards specified under subdivision (a) of Government Code Section 65912.157; and (2) Includes sites with densities that cumulatively allow for at least 75 percent of the aggregate density for the transit-oriented development zone specified under subdivision (a) of Section 65912.157.
(C) A parcel with a Landmark, as defined by Section 9.56.030(j), designated as of January 1, 2025.
9.06.030 Development Standards for Multi-Unit Residentially Zoned Parcels within One-Half Mile of the Expo/Bundy Metro E Station
Table 9.06.030 prescribes the maximum density and maximum floor area ratios for housing projects located on parcels zoned Multi-Unit Residential and located within onehalf mile of the Expo/Bundy Metro E Station. Standards set forth in Table 9.06.030 shall remain in effect until adoption of a Transit Oriented Development Alternative Plan, 8 meeting the requirements of Government Code Section 65912.158. Standards set forth in Table 9.06.030 shall remain in effect until adoption of a Transit Oriented Development Alternative Plan, meeting the requirements of Government Code Section 65912.158.
Standards set forth in Section 9.08.030 that do not conflict with the provisions of this Table
9.06.030 shall apply.
TABLE 9.06.030: DEVELOPMENT STANDARDS
FOR HOUSING PROJECTS—MULTI-UNIT
RESIDENTIAL PARCELS WITHIN ONE-HALF
MILE OF EXPO/BUNDY METRO E STATION
Parcel and Density Standards
R2 R3
Maximum Allowable
Density
Housing Projects 1 unit per
1,080 sq. ft.
of parcel
area
1 unit per
1,080 sq. ft.
of parcel
area
Building Form and Location
Maximum FAR
Housing Projects 1.25 1.5
9.06.040 Director Authority
The Director, or designee, may issue and update maps identifying eligible sites meeting the criteria for temporary exclusion as set forth in Section 9.06.020 and Government Code Section 65912.161(b)(1), to ensure consistency with the transit-oriented development stops and zones map published by the Southern California Association of Governments pursuant to Government Code Section 65912.160(f).
9 SECTION 3. Table 9.080.030 of the Santa Monica Municipal Code is hereby amended to read as follows:
TABLE 9.08.030: DEVELOPMENT STANDARDS—MULTI-UNIT RESIDENTIAL
DISTRICTS
Standard
*For development standards
within specified areas, see
Section 9.08.030(A)
R2* R3* R4 Additional
Regulations
Housing Projects 1 unit per
1,500 sq.
ft. of
parcel
area
1 unit per
1,250 sq.
ft. of parcel
area
1 unit per
900 sq. ft.
of parcel
area
For parcels
consolidated to
provide courtyards, the
maximum allowable
number of units shall
be based on the total
maximum number of
units allowed on each
of the parcels prior to
consolidation.
For projects eligible for
density bonus, see
Section 9.22.050(C),
Calculating Base
Density.
For parcels located
within one-half mile of
the Expo/Bundy Metro
E Station, see Table
9.06.030, in Chapter
9.06, Transit-Oriented
Development Zones.
Building Form and Location
Maximum Number of Stories
Housing Projects N/A N/A N/A
Tier 1 Non-Housing
Projects—Base Standard
2 2 3
Tier 2 Non-Housing
Projects—With Provision of
Community Benefits
NA 3 4 Chapter 9.23,
Community Benefits
Maximum Building Height
(ft.)
Section 9.04.050,
Measuring Height
Housing Projects 30.
See(B)
40. See(B)
45. See(B)
Tier 1 Non-Housing
Projects—Base Standard
30. See(B)
30. See
(B)
30. See(B)
10 Tier 2 Non-Housing
Projects—With Provision of
Community Benefits
NA 40.
See(B)
45. See(B)
Chapter 9.23,
Community Benefits
Maximum FAR Section 9.04.100,
Determining Floor
Area Ratio in
Residential Zoning
Districts
Housing Projects 1.0 1.5 2.0 For projects with a base
density consisting of 8
to 10 units, an increase
in floor area shall be
permitted as necessary
to ensure an FAR of
1.25. For parcels located
within one-half mile of
the Expo/Bundy Metro
E Station, see Table
9.06.030 in Chapter
9.06, Transit Oriented
Development Zones.
Tier 1 Non-Housing
Projects—Base Standard
1.0 1.0 1.5
Tier 2 Non-Housing
Projects—With Provision of
Community Benefits
NA 1.5 2.0 Chapter 9.23,
Community Benefits
Minimum Setbacks
Front (ft.) 20
See(C)(E)
20 See(C)(E)
20 See(C)(E)
Interior Side (ft.)—Parcels
50 feet or more in width
8 See(E) 8 See(E) 8 See(E) • Setbacks shall be 4
feet for ownership
projects that: (1) were
deemed complete on or
after July 1, 2024; (2)
contain 10 or fewer
units; and (3) meet the
requirements of
Government Code
Section 66499.41.
• Setbacks shall be 4
feet for rental
projects that: (1) were
deemed complete on
or after July 1, 2024;
(2) contain 10 or
fewer units; and (3)
result in at least one
11 new dwelling unit
(excluding ADUs).
SECTION 4. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.
SECTION 5. 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. //
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12 SECTION 6. 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:
_________________________
HEIDI VON TONGELN
CITY ATTORNEY