R116171
City Council Meeting: September 24, 2024 Santa Monica, California
RESOLUTION NUMBER 11617 (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING THE TEXT OF THE BERGAMONT AREA PLAN TO REPEAL
CHAPTER 5, DEVELOPMENT STANDARDS FOR LAND USE REGULATIONS, FOR
INTEGRATION OF THOSE PROVISIONS INTO THE CITY’S ZONING ORDINANCE
WHEREAS, on September 11, 2013, the City Council adopted the Bergamot Area
Plan (“BAP”), which provides policies and standards to transition 142.5 acres of former
industrial land into an arts-focused, transit-oriented, and mixed-use pedestrian-oriented
neighborhood anchored by the Bergamot Exposition Light Rail Station; and
WHEREAS, the BAP envisions creating the City’s most sustainable neighborhood
– one that both conserves the authentic, industrial character that has fostered a creative
community in the area and removes barriers to housing, local restaurants, and local
services to take full advantage of the arrival of the Exposition Light Rail; and
WHEREAS, Chapter 5 of the BAP sets forth the land use regulations, which define
the permitted uses in the BAP, and the development standards, which regulate new site
and building development by establishing standards for intensity, building height, open
space, and other elements; and
WHEREAS, the land use regulations and development standards set forth in
Chapter 5 of the BAP were developed prior to the adoption of the City’s Zoning Ordinance
update, which became effective on July 24, 2015; and
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WHEREAS, the processes and standards in the BAP have proven to be overly
complex, unclear, onerous, and do not incentivize housing; and
WHEREAS, as a result, since its adoption, only three housing projects have been
proposed in the Bergamot area, as well as very limited commercial development; 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
all neighborhoods, housing for the homeless including housing assistance and supportive
services to low-income households, and eliminating housing discrimination; and
WHEREAS, those programs, which are being implemented in phases, include
Program 1.J, Rezoning by Revising Development Standards to Ensure that Housing
Projects Are Feasible and Incentivized Over Commercial Development, and Program 1.E,
Revise the Design Standards in the Bergamot Area Plan (BAP) for Easier Understanding
and to Support Housing Production; 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 Land Use and Circulation Element, BAP
and Downtown Community Plan 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 Affordable Housing
Production Program, 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.E (Revise the Design
Standards in the Bergamot Area Plan), along with Programs 1.B (Streamline the
Architectural Review Process); 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
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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 Land Use and Circulation of the City’s
General Plan, the BAP, and the Downtown Specific Plan 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, the second phase of Housing Element Implementation includes
development of design standards in the BAP for easier understanding and to incentivize
housing in accordance with Program 1.E (Revise the Design Standards in the Bergamot
Area Plan); and
WHEREAS, in preparing the design standards for implementation of Program 1.E,
which includes review of the development standards set forth in Chapter 5 of the BAP, it
has become apparent that developing revised design standards for non-housing projects
will provide consistency and ease of use; and
WHEREAS, further review of the land use regulations in Chapter 5 has highlighted
inconsistencies between the BAP and the Zoning Ordinance, particularly due to the
development of use classifications in the Zoning Ordinance that were not in existence at
the time the BAP was adopted; and
WHEREAS, repeal of Chapter 5 of the BAP and integration of the land use
regulations and development standards for the BAP into the Zoning Ordinance will
increase efficiency, ease of use, and consistency for land use regulations and
development standards throughout the City; and
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WHEREAS, additional amendments to the BAP are necessary to ensure internal
consistency as well as consistency with the City’s general plan and Zoning Ordinance
after repeal of Chapter 5; and
WHEREAS, to remedy these issues, on June 12, 2024, in accordance with Santa
Monica Municipal Code section 9.45.060(A), the Planning Commission adopted a
Resolution of Intention, Resolution Number 24-004 (PCS), declaring its intention to
consider recommending to the City Council that the City Council Amend the BAP to
Repeal Chapter 5, Development Standards and Land Use Regulations, for Integration of
those Provisions into the City’s Zoning Ordinance and Make Other Minor Amendments
for Consistency; and
WHEREAS, in addition, on June 12, 2024, in accordance with Santa Monica
Municipal Code section 9.46.030(B), the Planning Commission adopted a Resolution of
Intention, Resolution Number 24-005 (PCS) declaring its intention to consider
recommending to the City Council that the Council amend the text of the City’s Zoning
Ordinance to integrate development standards and land use regulations for the Bergamot
Area Plan, update development standards for non-housing projects, and make other
minor amendments for consistency; 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 oral and written testimony, adopted a Resolution of
Recommendation, Resolution Number 24-009 (PCS), recommending to the City Council
that the Council repeal Chapter 5, Development Standards and Land Use Regulations,
for integration of those regulations and standards into the City’s Zoning Ordinance; and
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WHEREAS, in addition, on August 7, 2024, in accordance with Santa Monica
Municipal Code section 9.46.060(B), the Planning Commission conducted a duly-noticed
public hearing, and, after considering oral and written testimony, adopted a Resolution of
Recommendation, Resolution Number 24-011 (PCS), recommending to the City Council
that the City Council amend the text of the Zoning Ordinance to, among other things,
integrate development standards and land use regulations into the Bergamot Area Plan,
with amendments for consistency with the goals, policies and programs set forth in the
6th Cycle Housing Element, updates to development standards for non-housing projects;
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 BAP to repeal
Chapter 5, Development Standards and Land Use Regulations, for integration of those
regulations and standards into the City’s Zoning Ordinance; and
WHEREAS, concurrently herewith, the City Council is considering introduction and
first reading of an ordinance to amend the text of the Zoning Ordinance to, among other
things, integrate development standards and land use regulations into the Bergamot Area
Plan, with amendments for consistency with the goals, policies and programs set forth in
the 6th Cycle Housing Element, updates to development standards for non-housing
projects.
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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 Bergamot Area Plan. Pursuant to
Santa Monica Municipal Code section 9.45.080 and 9.45.130, the City Council does
hereby amend the text of the Bergamot Area Plan to:
1. Repeal Chapter 5, Development Standards Land Use Regulations, for
integration of those provisions into the City’s Zoning Ordinance; and
2. Remove all remaining references in the Bergamot Area Plan to Chapter 5,
Development Standards and Land Use Regulations, and replace with references to Santa
Monica Municipal Code Chapter 9.12, Bergamot Districts.
In making adopting these amendments, 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 Bergamot Area Plan are consistent with the
General Plan in that the amendments are administrative in nature and are intended to
increase efficiency, ease of use, and consistency for land use regulations and
development standards throughout the City, and otherwise maintain the existing goals,
policies, standards and regulations in the General Plan.
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. Notwithstanding its
effective date, the provisions of this Resolution shall only take effect upon the effective
date of the ordinance being considered concurrently herewith that will, among other
things, integrate development standards and land use regulations into the Bergamot Area
Plan, with amendments for consistency with the goals, policies and programs set forth in
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the 6th Cycle Housing Element, updates to development standards for non-housing
projects.
APPROVED AS TO FORM:
_________________________
DOUGLAS SLOAN
City Attorney
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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. 11617 (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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