R116181
City Council Meeting: September 24, 2024 Santa Monica, California
RESOLUTION NUMBER 11618 (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING THE TEXT OF THE DOWNTOWN COMMUNITY 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 25, 2017, the City Council adopted the Downtown Community
Plan (“DCP”) which sets forth the City’s vision of the Downtown as a high quality, mixed-
use district offering opportunities for housing for people across the income spectrum, jobs,
arts and culture, local serving retail, and community and visitor gathering places; and
WHEREAS, in the DCP, Downtown housing projects are encouraged to support a
strong and economically diverse residential neighborhood component; 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
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
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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 Land Use and Circulation Element of the General Plan
(“LUCE”), the Bergamot Area Plan (“BAP”), the 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
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 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
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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
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
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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 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 9.45.070(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 24-009 (PCS), recommending that the City
Council amend the text of the DCP to ensure consistency with the second phase 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 DCP to ensure
consistency with the second phase of Housing Element implementation and to make
other minor changes, clarifications, and corrections.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
SECTION 1. Amendments to the text of the Downtown Community Plan.
Pursuant to Santa Monica Municipal Code sections 9.45.080 and 9.45.130, the City
Council does hereby amend the text of the Downtown Community Plan 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 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), 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.
In adopting these amendments to the text of the Downtown Community Plan, the
City Council hereby finds and declares that, for the reasons articulated above, and in the
staff report dated September 24, 2024, the proposed amendments to the text of the
Downtown Community Plan are consistent with the General Plan in that the amendments
are required to implement and ensure consistency with the goals, policies and programs
set forth in the 6th Cycle Housing Element, and otherwise maintain the existing goals,
policies, standards and regulations in the General Plan.
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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
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Exhibit A
Proposed Amendments to the Downtown Community Plan
Page 28:
DCP Section 2A.4 – DCP Entitlement and Tier System
Development Review Projects
Certain commercial projects and housing projects on parcel(s) that are 43,560 sf or
greater are permitted by Development Review Permit (DRP), allowing these projects to
be approved through discretionary review and a Planning Commission public hearing that
gives community members a venue to share thoughts and input on proposed projects. By
law, Planning Commission decisions are appealable to the City Council. This system of
project requirements is intended to ensure greater discretionary review for larger housing
projects and commercial projects.
1.Housing Projects on Parcel(s) that are 43,560 Square Feet or Greater Housing
projects on parcel(s) that are 43,560 sf or greater are considered non-negotiated
discretionary projects. These projects are required to comply with affordable housing
requirements and affordability mix as established in Zoning Ordinance Chapter 9.64
Section 9.10.070 and must also contribute augmented fees
Page 30:
DCP Section 2A.4 – DCP Entitlement and Tier System
Development Agreement Projects
All Other Projects
All Tiers.
Non-housing projects greater than 30,000 square feet of floor area shall be required to
be processed through a development agreement. Under no circumstances shall projects
be considered for increases beyond height or FAR standards set forth in this Plan.
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Page 177:
DCP Section 9.10.050 – Application Thresholds Table
Housing Project All Other Projects
Administrative Approval Streamlined Housing
Projects on parcel(s) up to
43,560 sf Subject to
Chapter 9.39,
Administrative Approval
Less than 10,000 sf
Development Review
Permit
Housing Projects or
Streamlined Housing
Projects on parcel(s) that
are 43,560 sf or greater
Subject to Chapter 9.40,
Development Review
Permit
10,000 – 30,000 sf
Development Agreement N/A Greater than 30,000 sf
A. “Streamlined Housing Project” means a use consisting of any of the following:
1. Residential units only
2. Mixed-use developments consisting of residential and nonresidential uses in
which nonresidential uses do not exceed 25% of the total building square footage and are
limited to the first two floors of buildings that are two or more stories.
3. Transitional or Supportive Housing
B. Administrative Approval Review Procedures.
1. For projects eligible for an Administrative Approval under Table 9.10.050 and
exempt from Development Review Permit Requirements under 9.10.050(C)(1) or (2), an
applicant shall conduct a community meeting to receive community input on the proposal.
The community meeting shall be conducted prior to submitting an application, with
noticing and reporting as required in guidelines adopted by the Director.
2. Following receipt of a decision from the Architectural Review Board, the Director
shall issue a determination on the Administrative Approval in accordance with SMMC
Chapter 9.39.
C. Housing Exemption. The following types of projects are exempt from Development
Review Permit requirements:
1. 100% Affordable Housing Projects.
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2.Streamlined Housing Projects - Streamlined housing projects on parcel(s)
that are up to 43,560 SF including projects that have been granted modifications and
waivers in accordance with Santa Monica Municipal Code Chapter 9.43, Modifications
and Waivers.
a.For projects with rental units, the applicant agrees, prior to issuance
of a building permit, to record a deed restriction against the property ensuring that:
i.All leases shall be made only to a tenant who is a natural
person, or to tenants who are natural persons;
ii.All leases shall be made only to a tenant or tenants who,
regardless of the term of occupancy, intend to make the rental unit the
tenants’ domicile as defined in California Elections Code Section 349(b);
iii.All prospective tenants shall be offered a written lease which
has a minimum term of one (1) year; and
iv.All units shall be leased as unfurnished units.
DA. Notwithstanding Section 9.10.050, a Development Review Permit shall be required
for any new non-profit youth-serving community assembly use replacing an existing
facility or expansion of an existing facility if such replacement building or expansion
exceeds 35,000 square feet and is located on land occupied by the non-profit youth-
serving community assembly use as of July 25, 2017.
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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. 11618 (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
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