O2262CA:flatty\m u n i\laws\ba r\Vil lage DAOrd0527082d
City Council Meeting 5-27-08 Santa Monica; California
ORDINANCE NUMBER 2262 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SECTIONS 9.04.08.32.010 AND 9.04.08.32.020 OF THE SANTA
MONICA MUNICIPAL CODE TO ALLOW MIXED USE HOUSING AND
NEIGHBORHOOD SERVING USES IN THE CIVIC CENTER DISTRICT AND
APPROVING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
SANTA MONICA, A MUNICIPAL CORPORATION, AND
RELATED/SANTA MONICA VILLIAGE, LLC FOR THE MIXED. USE PROJECT
KNOWN AS THE VILLAGE AT SANTA MONICA
WHEREAS, on December 12, 2007, Related/Santa Monica Village, LLC
submitted an application for a development agreement for the proposed construction
of a new development project to be located at 1701-25 Ocean Avenue which would
authorize up to 325 new residential dwelling units, including 160 affordable units and
live/work units suitable for artists; up to 20,000 square feet of neighborhood and
visitor-serving commercial uses, including retail and restaurant uses and up to 3,000
square feet of outdoor seating area for restaurant use; opens space as reflected on
the project plans, and infrastructure improvements and other public benefits; and
WHEREAS, the City prepared an Environmental Impact Report for the
comprehensive update to the 1993 Civic Center Specific Plah which included a
housing component to be developed on the land which is the subject ofthis proposed
development agreement and which was certified in June 2005 ("2005 CCSP EIR");
and
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WHEREAS; the City has prepared an Addendum to the 2005 CCSP EIR
pursuant to CEQA Guidelines Section 15164, dated April 2008, which includes a
description of the proposed project and a comparison of the impacts of this project to
those identified in the 2005 CCSP EIR; and
WHEREAS, on May 13, 2008, the City Council considered both the 2005
CCSP EIR and the April 2008 Addendum to the 2005 CCSP EIR prior to making a
decision on this proposed Development; and
WHEREAS, the proposed development agreement is consistent with the
objectives, policies, general land uses and programs specified in the general plan
and the Civic Center Specific plan, in that the proposed project is consistent with
the Civic Center Specific Open Space Policies OS-12 to provide a network of
pathways and promenades, OS-13 to create continuity in the network of bicycle
pathways through the Civic Center in that the proposed project will provide
pedestriah access through the Civic Center site and to create a large public plaza
at Olympic Drive and a small public plaza on Ocean Avenue, and will address
Land Use Element Objective 1.5.4 which aims to "encourage day and night with
pedestrian activity along the street frontages on Main Street and Ocean Avenue"
by incorporating restaurants in the project; and
WHEREAS, in addition, the proposed development agreement is
compatible with the uses authorized in the district in which the real property is
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located, in that the subject property is located in the CCSP district which allows for
the development of a residential village to include a minimum of 324 units with a
minimum of 160 affordable units within a setting which will enhance and enliven
the Civic Center Area and addresses the CCSP policies related to housing
circulation and open space and the CCSP Development Standards addressing
the Village Special Use District, VD-1, location of residential units, VD-2 density of
residential units, VD-3 and VD-5 development of 160 affordable units, and VD-6,
development of up to 20,000 square feet of commercial uses are all specifically
addressed in the proposed development; and
WHEREAS, the proposed development agreement implements the vision
established by the Civic Center Specific Plan far the construction of a residential
use in the CCSP district which will include 160 units of affordable housing and
provide additional public benefits including: public art, 10 units of artist live/work
space, alternative energy production and sustainable building design and
transportation measures as outlined in CCSP Sustainability policies S-1, S-2 and.
S-4 to "Establish a compact and mixed-use pattern of development that reduces
dependence on the automobile and that enhances viability of other transportation
modes...that are less consumptive of non-renewable resources" and S-10 "Employ
green building practices...", as well as contributions of $500,000 to child care and
$700,000 to enhanced public transit; and
WHEREAS, the proposed amendments to Santa Monica Municipal Code
Section59.04.08.32.010and 9.04.08.32.020 to include within the Civic Center
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District permitted uses that allow for the expansion of the City's housing supply,
including a significant percentage of affordable housing as part of amixed-use
urban neighborhood, are consistent with the objectives, policies, general land
uses and programs specified in the general plan and the Civic Center Specific
plan, and the proposed development agreement, and for these reasons the public
health, safety and general welfare require the adoption of the proposed
amendments,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The Development Agreement attached hereto as Exhibit 1
and incorporated herein by reference between the City of Santa Monica, a
municipal corporation, and Related/Santa Monica Village, LLC for the mixed use
project known as the Village at Santa Monica is hereby approved.
SECTION 2. Santa Monica Municipal Code Section 9.04.08.32.010 is
hereby amended to read as follows:
9.04.08.32.010 Purpose.
The CC District is intended to provide for the retention of the
major concentration of government and cultural facilities at the
Santa Monica Civic Center and nonprofit office and educational
and research uses. The CC District is designed to allow for
additional uses in the area, including expanded and improved
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government and cultural facilities; the expansion of the City's
housing supply, including a significant percentage of affordable
housing as part of a mixed-use, urban neighborhood;. public
recreational facilities; neighborhood and visitor serving retail and
restaurant uses; and other compatible uses. The development
intensity is intended to accommodate existing and future uses in
the area consistent with the goals, objectives, and policies of the
General Plan.
SECTION 3. Santa Monica Municipal Code Section 9.04.08.32.020 is
hereby amended to read as follows:
9.04.08.32.020 Permitted uses.
The following uses shall be permitted in the CC District:
(a) Conventiori and conference facilities.
(b) Cultural facilities.
(c) Homeless shelters.
(d) Nonprofit office, educational and research facilities.
(e) Public institutions.
(f) Public open space, parks and playgrounds.
(g) Public parking.
(h) Transitional housing.
(i) A mixed use housing project, including neighborhood
market, restaurant, dry cleaning, small scale bank and other
cohvenience services, drug store or other uses that provide
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residents or employees of the immediate area with access to
basic goods and services within walking distance of their home
or work.
Q) Other compatible public uses.
(k) On-premises, accessory uses for any of the above
uses, including cafes, restaurants, and newsstands, which are
primarily intended to serve visitors and users of the primary use.
Except for the mixed use housing project, there shall be no direct
access to any accessory use from the exterior of a building or
structure; access shall be permitted only through a foyer, court,
lobby, patio, or other similar area.
Section 4. Each and every term and condition of the Development
Agreement approved in Section 1 of this Ordinance shall be and. is made a part of
the Santa Monica Municipal Code and any appendices thereto. The City Council
of the City of Santa Monica finds that public necessity, public convenience, and
general welfare require that any provision of the Santa Monica Municipal Gode or
appendices thereto inconsistent with the provisions of this Development
Agreement, to the. extent of such inconsistencies and no further, be repealed or
modified to that extent necessary to make fully effective the provisions of this
Development Agreement.
SECTION 5: Any provision of the Santa Monica Municipal Code or
appendices thereto, inconsistent with the provisions of this Ordinance, to the
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extent of such inconsistencies and no further, are hereby repealed or modified to
that extent necessary to effect the provisions of this Ordinance.
SECTION 6. 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 any 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.
SECTION 7. 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 be effective 30 days from its adoption.
APPROVED AS TO FORM:
MAR A JOfV MOU/ RIE
City ttorne~y G
e
Approved and adopted this 27th day of Ms
State of California )
County of Los Angeles) ss.
City of Santa Monica )
I, Denise Anderson-Warren, Acting City Clerk of the City of Santa Monica, do hereby
certify that the foregoing Ordinance No. 2262 (CCS) had its introduction May 13th,
2008, and was adopted at the Santa Monica City Council meeting held on May 27th,
2008, by the following vote:
Ayes: Council members: Genser, McKeown, O'Connor,
Mayor Katz
Noes: Council members: Shriver
Abstain: Council members: Holbrook
Absent: Council members: Mayor Pro Tem Bloom
A summary of Ordinance No. 2262 (CCS) was duly published pursuant to California
Government Code Section 40806.
ATTEST:
Denise Anderson-Warren, Acting City Clerk