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R116161 City Council Meeting: September 24, 2024 Santa Monica, California RESOLUTION NUMBER 11616 (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE TEXT OF THE LAND USE AND CIRCULATION ELEMENT OF THE GENERAL PLAN FOR CONSISTENCY WITH THE GOALS, POLICIES, AND PROGRAMS SET FORTH IN THE 6TH CYCLE (2021-2029) HOUSING ELEMENT AND MAKING OTHER MINOR CHANGES, CORRECTIONS, AND CLARIFICATIONS WHEREAS, on July 6, 2010, the City Council adopted the Land Use and Circulation Element of the City’s General Plan (“LUCE”), which designates the proposed general distribution, location, and extent of land uses within the City; and WHEREAS, the LUCE was adopted after an extensive planning process, and addresses neighborhood conservation and enhancement; integrated land use and transportation; proactive congestion management; complete neighborhoods with increased open space; community benefits; quality urban character and form; preservation of historic resources; and growth management; and WHEREAS, the LUCE differs from prior Land Use and Circulation elements, in part, by establishing a direct link between land use and transportation policies and programs and establishing new development policies and standards to ensure that quality development contributes to the character of the City; and WHEREAS, the Housing Element Law, California Government Code sections 65580 et seq., requires the City to review and update the Housing Element of its General Plan every eight years; and WHEREAS, on October 11, 2022, the City Council conducted a duly-noticed public hearing to consider adopting the amended 6th Cycle Housing Element, and after Docusign Envelope ID: E3153FE7-5CD7-4BD8-BB55-435C4DDFABED 2 considering all oral and written testimony, adopted Resolution Number 11469 (CCS), adopting an amended 6th Cycle Housing Element, which was certified by the State on October 14, 2022; and WHEREAS, the Housing Element includes a variety of programs intended to achieve goals and policies related to new housing production for all income categories and the preservation of existing housing, ensuring there is equitable housing access to all neighborhoods, housing for the homeless including housing assistance and supportive services to low-income households, and eliminating housing discrimination; and WHEREAS, the Housing Element sets forth a range of goals, policies and programs, including, but not limited to, procedural changes related to streamlining the review of housing projects, updating development standards and the Affordable Housing Production Program (“AHPP”) to ensure housing projects are feasible, providing opportunities for housing in areas of the City that do not currently permit housing, incentivizing housing in areas of the City that have not historically supported housing production, amending the City’s density bonus ordinance to ensure consistency with State law and integration into the City’s land use system, and committing to the production of affordable housing on City-owned/publicly-owned land; and WHEREAS, the Housing Element requires the City to implement certain programs through amendments to the LUCE, the Bergamot Area Plan (“BAP”), the Downtown Community Plan (“DCP”), and the Zoning Ordinance in phases, subject to specified deadlines, to ensure consistency with the goals, policies, and programs set forth in the 6th Cycle Housing Element; and Docusign Envelope ID: E3153FE7-5CD7-4BD8-BB55-435C4DDFABED 3 WHEREAS, on February 1, 2023, the Planning Commission conducted a duly- noticed public hearing to consider its recommendation to the City Council, and after considering all oral and written testimony regarding the proposed amendments to the text of the LUCE, BAP, and DCP, adopted Resolutions of Recommendation, Resolution Numbers 23-002 (PCS), 23-004 (PCS) and 23-005 (PCS), recommending to the City Council amend the LUCE, DCP, and BAP to ensure consistency with the first phase of Housing Element implementation; and WHEREAS, on March 21, 2023, the City Council conducted a duly-noticed public hearing to consider the recommendation of the Planning Commission, and, after considering all oral and written testimony, adopted Resolution Numbers 11512 (CCS), 11513 (CCS), and 11514 (CCS), to amend the LUCE, BAP, and DCP to ensure consistency with the first phase of Housing Element implementation, including Programs 1.A, 1.F, 1.J, 2.C, 2.D, and 4.A of the 6th Cycle Housing Element, which provided for streamlined approvals of housing projects, streamlined design review of housing projects, revised development standards for housing projects, modified inclusionary requirements in the City’s AHPP, and an updated Density Bonus Ordinance; and WHEREAS, the second phase of implementation programs for the 6th Cycle Housing Element is due by either October 2024 or December 2024, per the commitment in the adopted 6th Cycle Housing Element; and WHEREAS, the City now desires to undertake the second phase of implementation for consistency with the goals, policies, and programs set forth in the 6th Cycle Housing Element, including all or portions of: Programs 1.B (Streamline the Architectural Review Process); 1.E (Revise the Design Standards in the Bergamot Area Docusign Envelope ID: E3153FE7-5CD7-4BD8-BB55-435C4DDFABED 4 Plan); 1.H (Adaptive Reuse); 1.I (Innovations in Construction Technology); 2.B (Right of First Offer Ordinance); 2.C (Update the City’s Affordable Housing Production Program – Part 2); 2.I (Zoning for Variety of Housing Types); 3.A (Restrict the Removal of Existing Rental and Protected Units); 3.E (Maintain a Low Income Residential Repair Program); and 5.B (Low Barrier Navigation Centers As By-Right Use); and WHEREAS, additional amendments to the LUCE, BAP, and DCP, along with other minor changes, clarifications, and corrections, will be necessary to ensure consistency with the goals, policies, and programs set forth in the 6th Cycle Housing Element as part of the second phase of Housing Element implementation; and WHEREAS, additional amendments are necessary to make other minor changes, clarifications, and corrections; and WHEREAS on May 8, 2024, in accordance with Santa Monica Municipal Code section 9.45.060(A), the Planning Commission adopted a Resolution of Intention, Resolution Number 24-002 (PCS), declaring its intention to consider recommending to the City Council that the City Council amend the LUCE, the BAP, and the DCP for consistency with the goals, policies and programs set forth in the Housing Element and recent updates to State housing law and to make other minor changes, clarifications, and corrections; and WHEREAS, on August 7, 2024, in accordance with Santa Monica Municipal Code section 9.5.070(A), the Planning Commission conducted a duly-noticed public hearing, and, after considering all oral and written testimony, adopted a Resolution of Recommendation, Resolution Number 24-008 (PCS), recommending to the City Council that the Council amend the text of the LUCE to ensure consistency with the second phase Docusign Envelope ID: E3153FE7-5CD7-4BD8-BB55-435C4DDFABED 5 of Housing Element implementation and to make other minor changes, clarifications, and corrections; and WHEREAS, on September 24, 2024, the City Council conducted a duly-noticed public hearing to consider the recommendation of the Planning Commission, and, after considering all oral and written testimony, desires to amend the text of the LUCE to ensure consistency with the second phase of Housing Element implementation and to make other minor changes, clarifications, and corrections. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. Amendments to the text of the Land Use and Circulation Element of the General Plan. Pursuant to Santa Monica Municipal Code section 9.45.080, the City Council does hereby amend the text of Land Use and Circulation Element of the General Plan for consistency with the goals, policies, and programs set forth in the 6th Cycle Housing Element, or to ensure consistency with goals, policies and programs that were previously implemented, and making other minor changes, corrections and clarifications, as set forth in Exhibit A, attached to this Resolution. SECTION 2. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: _________________________ DOUGLAS SLOAN City Attorney Docusign Envelope ID: E3153FE7-5CD7-4BD8-BB55-435C4DDFABED 6 Exhibit A Proposed Amendments to the Land Use and Circulation Element of the General Plan [BEHIND THIS PAGE] Docusign Envelope ID: E3153FE7-5CD7-4BD8-BB55-435C4DDFABED 7 LUCE Provision Proposed Amendment Chapter 2, Land Use Policy and Designations, Policy 15.15, Page 2.1-22 Preserve Light, Air and Privacy between Commercial and Residential Properties LU15.15 Preserve Light, Air and Privacy between Commercial and Residential Properties. Buildings that share a property line with a residentially-designated property are required to be setback at least 10 feet from the abutting residential property line as set forth in the Zoning Ordinance. Further, to assure privacy and access to sunlight and air for the adjacent residential use, all new buildings and additions to existing buildings shall not project, except for permitted projections, beyond a building envelope commencing at 25 feet in height above the property line abutting the residential property or where there is an alley abutting the residentially-designated property, the centerline of the alley, and from that point, extending at a 45-degree angle from vertical towards the interior of the site. Chapter 2, Land Use Policy and Designations, Mixed- Use Boulevard Low, Page 2.1-35 Figure 4: Minimum Façade: Remove reference to minimum 15’ ground floor floor-to-floor height. Chapter 2, Land Use Policy and Designations, Mixed- Use Boulevard Low, Page 2.1-35 Figure 5, Rear Yard Step Backs at Residential Properties: Delete Chapter 2, Land Use Policy and Designations, Mixed- Use Boulevard Low, Page 2.1-36 First bullet point: • Buildings that share a property line with a residentially- designated property are required to be setback at least 10 feet from the abutting residential property line. Further, to assure privacy and access to sunlight and air for the adjacent residential use, all new buildings and additions to existing buildings shall not project, except for permitted projections, beyond a building envelope commencing at 25 feet in height above the property line abutting the residential property or where there is an alley abutting the residentially- designated property, the centerline of the alley, and from that point, extending at a 45-degree angle from vertical towards the interior of the site. Chapter 2, Land Use Policy and Designations, Mixed- Use Boulevard Low, Page 2.1-36 Sixth bullet point:  Buildings that share a property line with a residentially- designated property are required to be setback at least 10 feet from the abutting residential property line. Further, to assure privacy and access to sunlight and air for the adjacent residential use, all new buildings and additions to existing buildings shall not project, except for permitted projections, Docusign Envelope ID: E3153FE7-5CD7-4BD8-BB55-435C4DDFABED 8 beyond a building envelope commencing at 25 feet in height above the property line abutting the residential property or where there is an alley abutting the residentially-designated property, the centerline of the alley, and from that point, extending at a 45-degree angle from vertical towards the interior of the site. (see Figure 5) Chapter 2, Land Use Policy and Designations, Mixed- Use Boulevard, Page 2.1-38 Second-to-last bullet point:  Buildings that share a property line with a residentially- designated property are required to be setback at least 10 feet from the abutting residential property line. Further, to assure privacy and access to sunlight and air for the adjacent residential use, all new buildings and additions to existing buildings shall not project, except for permitted projections, beyond a building envelope commencing at 25 feet in height above the property line abutting the residential property or where there is an alley abutting the residentially-designated property, the centerline of the alley, and from that point, extending at a 45-degree angle from vertical towards the interior of the site.(see Figure 11) Chapter 2, Land Use Policy and Designations, Mixed- Use Boulevard, Page2.1-38 Figure 10, Minimum Façade: Remove reference to minimum 15’ ground floor floor-to-floor height Chapter 2, Land Use Policy and Designations, Mixed- Use Boulevard, Page 2.1-38 Figure 11, Rear Yard Step Backs at Residential Properties: Delete Chapter 2, Land Use Policy and Designations, General Commercial, Page 2.1- 40 Figure 12, Santa Monica Blvd. 25’ Base Height: Remove reference to minimum 15’ ground floor floor-to-floor height Chapter 2, Land Use Policy and Designations, General Commercial, Page 2.1- 40 Figure 13, Lincoln & Pico Blvds, 32’ Base Height and Max Façade: Remove reference to minimum 15’ ground floor Chapter 2, Land Use Policy and Designations, General Commercial, Page 2.1- 40 Figure 14, Santa Monica Blvd, 35’ Height Limit and Max Façade: Remove reference to minimum 15’ ground floor Chapter 2, Land Use Policy and Designations, General Commercial, Page 2.1- 42 Figure 16, Minimum Façade: Remove reference to minimum 15’ ground floor floor-to-floor height Docusign Envelope ID: E3153FE7-5CD7-4BD8-BB55-435C4DDFABED 9 Chapter 2, Land Use Policy and Designations, General Commercial, Page 2.1- 42 Figure 17, Rear Yard Step Backs at Residential properties: Delete Chapter 2, Land Use Policy and Designations, General Commercial, Page 2.1- 42 Last bullet point:  Buildings that share a property line with a residentially- designated property are required to be setback 10 feet from the abutting residential property line. Further, to assure privacy and access to sunlight and air for the adjacent residential use, all new buildings and additions to existing buildings shall not project, except for permitted projections, beyond a building envelope commencing at 25 feet in height above the property line abutting the residential property and from that point, extending at a 45-degree angle from vertical toward the interior of the site. (see Figure 17) Chapter 2, Land Use Policy and Designations, Neighborhood Commercial, Page 2.1- 43 Figure 18, 32’ Base Hight: Remove reference to max facade with min 15’ ground floor floor-to-floor Chapter 2, Land Use Policy and Designations, Neighborhood Commercial, Page 2.1- 43 Figure 20, Rear Yard Step Backs at Residential: Delete Chapter 2, Land Use Policy and Designations, Neighborhood Commercial, Page 2.1- 44 Last bullet point:  Buildings that share a property line with a residentially- designated property are required to be setback at least 10 feet from the abutting residential property line. Further, to assure privacy and access to sunlight and air for the adjacent residential use, all new buildings and additions to existing buildings shall not project, except for permitted projections, beyond a building envelope commencing at 25 feet in height above the property line abutting the residential property or where there is an alley abutting the residentially-designated property, the centerline of the alley, and from that point, extending at a 45-degree angle from vertical towards the interior of the site. (see Figure 20) Chapter 2, Land Use Policy and Designations, Bergamot Transit Village, Page 2.1-45 Figure 21, 32’ Base Height: Remove reference to minimum 15’ ground floor floor-to-floor height Chapter 2, Land Use Policy and Figure 22, 39’ Base Height and Max Façade: Remove reference to minimum 15’ ground floor floor-to-floor height Docusign Envelope ID: E3153FE7-5CD7-4BD8-BB55-435C4DDFABED 10 Designations, Bergamot Transit Village, Page 2.1-45 Chapter 2, Land Use Policy and Designations, Bergamot Transit Village, Page 2.1-46 TIER 3 - ABOVE BASE - WITH ADDITIONAL COMMUNITY BENEFITS Subject to a discretionary review process and an Area Plan, projects that provide additional community benefits, may request a height up to 75 feet and 3.5 FAR. Significant variation in rooflines and building form is required with specific standards to be included in the Bergamot Transit Village Area Plan. Pursuant to the plan, projects may also request height up to 81 feet if there is a corresponding percentage decrease in FAR for the actual height above 75’. The ground floor floor-to floor height above 13.5’ shall not be counted towards the overall height of the building so long as it does not exceed an additional 5’. The average building height shall be a minimum of 10 feet less than the maximum requested height (see Figure 24). Chapter 2, Land Use Policy and Designations, Bergamot Transit Village, Page 2.1-47 Figure 25 Minimum Façade: Remove reference to minimum 15’ ground floor floor-to-floor height Chapter 2, Land Use Policy and Designations, Bergamot Transit Village, Page 2.1-47 Figure 26, Rear Yard Step Backs at Residential Properties: Delete Chapter 2, Land Use Policy and Designations, Bergamot Transit Village, Page 2.1-47 Last bullet point:  Buildings that share a property line with a residentially- designated property are required to be setback at least 10 feet from the abutting residential property line. Further, to assure privacy and access to sunlight and air for the adjacent residential use, all new buildings and additions to existing buildings shall not project, except for permitted projections, beyond a building envelope commencing at 25 feet in height above the property line abutting the residential property or where there is an alley abutting the residentially-designated property, the centerline of the alley, and from that point, extending at a 45-degree angle from vertical towards the interior of the site. (see Figure 26) Chapter 2, Land Use Policy and Designations, Mixed- Use Creative, Page 2.1-48 Figure 27, 32’ Base Height: Remove reference to minimum 15’ ground floor floor-to-floor height Chapter 2, Land Use Policy and Designations, Mixed- Use Creative, Page 2.1-48 Figure 28, 36’ Base Height: Remove reference to minimum 15’ ground floor floor-to-floor height Docusign Envelope ID: E3153FE7-5CD7-4BD8-BB55-435C4DDFABED 11 Chapter 2, Land Use Policy and Designations, Mixed- Use Creative, Page 2.1-49 Figure 31, Minimum Façade: Remove reference to minimum 15’ ground floor floor-to-floor height Chapter 2, Land Use Policy and Designations, Mixed- Use Creative, Page 2.1-49 Figure 32, Rear Yard Step Backs at Residential Properties: Delete Chapter 2, Land Use Policy and Designations, Mixed- Use Creative, Page 2.1-50 Last bullet point:  Buildings that share a property line with a residentially- designated property are required to be setback at least 10 feet from the abutting residential property line. Further, to assure privacy and access to sunlight and air for the adjacent residential use, all new buildings and additions to existing buildings shall not project, except for permitted projections, beyond a building envelope commencing at 25 feet in height above the property line abutting the residential property or where there is an alley abutting the residentially-designated property, the centerline of the alley, and from that point, extending at a 45-degree angle from vertical towards the interior of the site. (see Figure 32) Chapter 2, Land Use Policy and Designations, Beach and Oceanfront, Page 2.1-52 Figure 33, 32’ Base Height: Remove reference to minimum 15’ ground floor floor-to-floor height Chapter 2, Land Use Policy and Designations, Beach and Oceanfront, Page 2.1-52 Figure 34, 39’ Base Height and Max Façade: Remove reference to minimum 15’ ground floor floor-to-floor height Chapter 2, Land Use Policy and Designations, Beach and Oceanfront, Page 2.1-52 Figure 36, Minimum Façade: Remove reference to minimum 15’ ground floor floor-to-floor height Chapter 2, Land Use Policy and Designations, Beach and Oceanfront, Page 2.1-52 Figure 37, Rear Yard Step Backs at Residential Properties: Delete Docusign Envelope ID: E3153FE7-5CD7-4BD8-BB55-435C4DDFABED 12 Chapter 2, Land Use Policy and Designations, Beach and Oceanfront, Page 2.1-54 Third bullet point  Buildings that share a property line with a residentially- designated property are required to be setback at least 10 feet from the abutting residential property line. Further, to assure privacy and access to sunlight and air for the adjacent residential use, all new buildings and additions to existing buildings shall not project, except for permitted projections, beyond a building envelope commencing at 25 feet in height above the property line abutting the residential property or where there is an alley abutting the residentially-designated property, the centerline of the alley, and from that point, extending at a 45-degree angle from vertical towards the interior of the site. (see Figure 37) Chapter 2, Land Use Policy and Designations, Beach and Oceanfront, Page 2.1-54 Figure 38, 32’ Base Height: Remove reference to minimum 15’ ground floor floor-to-floor height Chapter 2, Land Use Policy and Designations, Beach and Oceanfront, Page 2.1-54 Figure 40, Minimum Façade: Remove reference to minimum 15’ ground floor floor-to-floor height Chapter 2, Land Use Policy and Designations, Beach and Oceanfront, Page 2.1-55 Ninth bullet point:  Buildings that share a property line with a residentially- designated property are required to be setback at least 10 feet from the abutting residential property line. Further, to assure privacy and access to sunlight and air for the adjacent residential use, all new buildings and additions to existing buildings shall not project, except for permitted projections, beyond a building envelope commencing at 25 feet in height above the property line abutting the residential property or where there is an alley abutting the residentially-designated property, the centerline of the alley, and from that point, extending at a 45-degree angle from vertical towards the interior of the site. Chapter 2, Land Use Policy and Designations, Office Campus, Page 2.1-56 Figure 41, 32’ Base Height: Remove reference to minimum 15’ ground floor floor-to-floor height Chapter 2, Land Use Policy and Designations, Office Campus, Page 2.1-56 Figure 42, Max Façade: Remove reference to minimum 15’ ground floor floor-to-floor height Chapter 2, Land Use Policy and Designations, Office Campus, Page 2.1-56 Figure 44, Minimum Façade: Remove reference to minimum 15’ ground floor floor-to-floor height Docusign Envelope ID: E3153FE7-5CD7-4BD8-BB55-435C4DDFABED 13 Chapter 2, Land Use Policy and Designations, Office Campus, Page 2.1-56 Figure 45 Rear Yard Step Backs at Residential Properties: Delete Chapter 2, Land Use Policy and Designations, Office Campus, Page 2.1-57 Fourth bullet point:  Buildings that share a property line with a residentially- designated property are required to be setback at least 10 feet from the abutting residential property line. Further, to assure privacy and access to sunlight and air for the adjacent residential use, all new buildings and additions to existing buildings shall not project, except for permitted projections, beyond a building envelope commencing at 25 feet in height above the property line abutting the residential property or where there is an alley abutting the residentially-designated property, the centerline of the alley, and from that point, extending at a 45-degree angle from vertical towards the interior of the site. (see Figure 45) Docusign Envelope ID: E3153FE7-5CD7-4BD8-BB55-435C4DDFABED Adopted and approved this 24th day of September, 2024. __________________________ Phil Brock, Mayor I, Nikima S. Newsome, Interim City Clerk of the City of Santa Monica, do hereby certify that Resolution No. 11616 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 24th day of September, 2024, by the following vote: AYES: Councilmembers Zwick, Parra, Davis, Torosis, de la Torre, Mayor Pro Tem Negrete, Mayor Brock NOES: None ABSENT: None ATTEST: _____________________________________ Nikima S. Newsome, City Clerk Docusign Envelope ID: E3153FE7-5CD7-4BD8-BB55-435C4DDFABED