R10768RESOLUTION NUMBER 10768 (CCS)
(City Council Series) .
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ADOPTING THE BERGAMOT AREA PLAN
WHEREAS, Santa Monica's Land Use and Circulation Element (LUCE)
was adopted by the City Council in July 2010 and designated the land within the
proposed Bergamot Area Plan (hereafter referred to as the "Plan ") as the
Bergamot Transit Village District and the Mixed -Use Creative District; and
WHEREAS, the Plan addresses the LUCE goals for the Bergamot Transit
Village to create a high - quality, mixed -use creative arts /entertainment transit
village focused around the new Expo Light Rail Station; to retain and enhance
the Bergamot Station Arts Center as the center of culture within the Bergamot
Transit Village; and to enhance circulation and transportation with pedestrian,
vehicular and transit improvements; and,
WHEREAS, the Plan addresses the LUCE goals for the Mixed -Use
Creative District to create a transit- focused employment center with mixed -use
creative arts and a neighborhood that provides a quality transition to residential
neighborhoods to the north, east and south; to enhance the circulation and
transportation with pedestrian, vehicular and transit improvements; and to
establish the district as a model for the creation of new shared parking facilities
and transportation demand management strategies; and,
WHEREAS, the Plan has been developed as a strategic, sustainable,
transit - oriented plan that will serve as a national model through the City's
participation in the Sustainable Communities program for which a Community
Challenge grant was awarded in 2010 by the US Housing and Urban
Development (HUD); and,
WHEREAS, the planning effort for the Plan began in November 2010 and
has been characterized by an extensive outreach process that engaged over six
hundred Santa Monica residents and the local business community throughout
the two and a half -year period through stakeholder interviews, community
workshops, neighborhood meetings, focus groups, online surveys, and public
hearings before the Planning Commission, City Council and the City's Boards
and Commissions; and
WHEREAS, as a component of the LUCE, the Plan outlines development.
standards consistent with the existing LUCE, including reduced floor area ratio
standards, land use regulations that encourage a mix of housing, creative office,
cultural uses, retail, and services, and standards for open space and setbacks,
as well as a set of design guidelines to allow for creative expression and design
flexibility that will encourage human - scaled design with a vibrant street life that
meets community expectations; and
WHEREAS, the Plan includes goals and policies for new housing
affordable to a range of income levels that are integrated with goals and policies
supporting the continuation and evolution of the creative economy, recognizing
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City Council Adoption of the Bergamot Area Plan
September 10, 2013
the area's role as both an arts and culture center for the City and region and a
hub of opportunity for creative people to live and thrive; and
WHEREAS, during the planning process, the community identified the
importance of establishing two conservation districts to encourage adaptive
reuse, incubate small businesses, maintain the centrality of arts in the Plan area
and strive to retain some of the original fabric to connect with the area's history
and cultural assets, while providing a vision for its future that is guiding the City's
development of the Bergamot art center as an arts -rich, lively destination as the
community has envisioned; and
WHEREAS, the Plan provides policies, standards and incentives that
retain the area's unique character while allowing and encouraging additional
retail and service activities that can create a walkable, pedestrian - friendly district
along with design standards that encourage active ground floor uses and the
expansion of ground floor retail over time; and
WHEREAS, the Plan includes transition zones adjacent to existing
residential districts to ensure that new development respects the scale and sets
back or steps back from property lines abutting residential districts; and,
WHEREAS, the Plan incorporates detailed transportation demand
management strategies and shared parking standards to enhance circulation and
transportation in the plan area and encourage implementation of the LUCE target
of no net new PM peak hour vehicle trips; and
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City Council Adoption of the Bergamot Area Plan
September 10, 2013
WHEREAS, the Plan outlines the desired implementation of a network of
new and upgraded streets, pathways, appropriate intersections and signalized
crossings to accommodate a significant anticipated increase in foot traffic and
bicycle use generated by the arrival of the Expo Light Rail station, and includes
street types that are designed to share the road space for equal use of those
passing through using all modes of active and auto - oriented transportation; and
WHEREAS, the Plan provides a blueprint for public investment and private
developer contributions to implement the plan including priorities for community
benefits from Tier 2 and Tier 3 projects such as open space, affordable housing,
transportation improvements including capital projects and demand management
efforts, and cultural facilities, and the Plan outlines funding strategies through
potential assessment districts; and
WHEREAS, analysis of the area's existing assets and anticipated
infrastructure and open space needs has been conducted and the Plan includes
recommendations for funding and upgrading such infrastructure as needed and
appropriate; and
WHEREAS, in accordance with CEQA, City staff conducted environmental
review of the Bergamot Area Plan to analyze whether the Plan is within the
scope of the LUCE Program covered by the LUCE Program EIR, and determined
that the Plan will not involve "new significant environmental effects or a
substantial increase in the severity of previously identified significant effects"
which was not previously identified in the LUCE Program EIR and that as a result
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City Council Adoption of the Bergamot Area Plan
September 10, 2013
no new mitigation measures would be required in the Bergamot Area Plan, and
that mitigation measures that were adopted for the LUCE Program EIR continue
to remain applicable such that no further CEQA documentation is required for
adoption of the Plan, and
WHEREAS, the Planning Commission held two public hearings on the
Initial Draft Bergamot Area Plan on February 13, 2013 and February 20, 2013,
and held public hearings on the Draft Final Plan on June 12, 2013, and July 10,
2013, and
WHEREAS, On July 10, 2013, the Planning Commission adopted a
resolution recommending that the Council adopt Bergamot Area Plan with
modifications and approve the Statement of Consistency with the LUCE PEIR,
Mrs
WHEREAS, the City Council held a public hearing on the Initial Draft
Bergamot Area Plan on March 12, 2013, and held a public hearing on the Draft
Final Plan on September 10, 2013, received public testimony and written
submittals and carefully considered the draft Plan.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. The June 2013 Draft Final Bergamot Area Plan, attached
hereto as Exhibit A and incorporated herein by this reference, as modified by
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City Council Adoption of the Bergamot Area Plan
September 10, 2013
Exhibit B, attached hereto and incorporated herein by this reference, is hereby
adopted and certified as the Bergamot Area Plan.
SECTION 2. The City Council has reviewed the draft Environmental
Review /Consistency Checklist and Traffic Analysis Memo that was prepared in
compliance with CEQA Guidelines Sections 15162 and 15168, and determines
that the Plan will not involve new significant environmental effects or a
substantial increase in the severity of significant effects previously identified in
the LUCE Program EIR. The Draft Final Bergamot Area Plan is within the scope
of the LUCE Program covered by the LUCE Program EIR. No further CEQA
documentation is required for adoption of the Plan.
SECTION 3. 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:
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City Council Adoption of the Bergamot Area Plan
September 10, 2013
EXHIBIT A
June 2013 Draft Final Bergamot Area Plan
(On file in the Office of the City Clerk)
City Council Adoption of the Bergamot Area Plan
September 10, 2013
f�'i:If7iie3
Changes to the June 2013 Draft Bergamot Area Plan as approved by City
Council on September 10, 2013
City Council Adoption of the Bergamot Area Plan
September 10, 2013
Exhibit B
1. In the Bergamot Transit Village district, modify the Tier 2 maximum FAR limit to 2.0 (Chapter 4b
Land Use) (pg. 72):
• Tier I. 1.75 Floor Area Ratio (FAR)
• Tier II: 2-.2 2.0 FAR
• Tier III: 2.5 FAR
Additional modifications will be made to reflect the proposed Tier 11 2.0 FAR on the following
pages and diagrams
• Figure 4.8.02 Building Floor Area Ratios (pg. 74)
• Table 5.03 Development Standards (pg. 153)
• Figure 5.02 Building Heights and Floor Area Ratios (pg. 155)
2. In the Mixed Use Creative District, modify the Tier 2 maximum FAR limit to 1.70 (Chapter 4b
Land Use) (pg. 75):
• Tier 1. 1. 5 Floor Area Ratio (FAR)
• Tier II: X01.70 FAR
• Tier III: 2.2 FAR
Additional modifications will be made to reflect the proposed Tier 11 1.70 FAR on the following
pages and diagrams
Figure 4.B.02 Building Floor Area Ratios (pg. 74)
Table 5.03 Development Standards (pg. 153)
Figure 5.02 Building Heights and Floor Area Ratios (pg. 155)
3. In the Conservation -Art Center District, include Tier options applicable to parcels under
100,000 SF (Chapter 4b Land Use), as follows (pg. 76):
• Tier I. 1.0 Floor Area Ratio (FAR)
• Tier II: 3 01.5* FAR
• Tier III: "2.5* FAR
*.5 FAR must be devoted to space for arts - related and arts - compatible uses. Artist live /work
could be considered provided the primary space is used for work.
Additional modifications will be made to reflect the Tier options for parcels under 100,000 SF in
the Conservation -Art Center District on the following pages and diagrams
• Figure 4.13.02 Building Floor Area Ratios (pg. 74)
• Table 5.03 Development Standards (pg. 153)
• Figure 5.02 Building Heights and Floor Area Ratios (pg. 155)
4. Add to Chapter 5 (Development Standards), standard B1 Floor Area Ratio (FAR)(pg. 153):
Maximum floor area ratios (FARs) for Tier I, Tier II and Tier III projects are established in
Table 5.03. In the Bergamot Plan area, floor area ratio includes only building area at or
Attachment E — Changes to Draft Bergamot Area Plan
above grade. In circumstances where publically accessible roads and pathways are
negotiated FAR will be calculated on the gross area of the proiect site.
5. Add to Chapter 5 (Development Standards), standard B.1.01 Exemptions from FAR calculation
(pg. 153):
• Outdoor dining areas adjacent to the public right of way.
6. Modify Chapter 5 (Development Standards), standard B.2. Height Limits (pg. 155) first bullet:
• to 81 feet allowed if there is a corresponding percentage decrease in the FAR floor area
for the portion of the building between 75 and 81 feet in height
that is nL.nyp 7C feet
7. Add in Chapter 6 (Design Guidelines) under B.1 Site Planning Guidelines (pg. 187):
• B 1 e • Proiects that include new publically accessible roads or pathways as part of a
negotiated development agreement shall provide information about the size of the
Property (area) both with and without the easement being provided for the road or
Pathway.
8. Modify Chapter 5 (Development Standards), standard 8.1.02 Low Income /Workforce Housing
Units (page153):
For Tier I and Tier II projects in the BTV and MUC Districts, for all units in a project above
and beyond those required by the AHPP, a FAR bonus shall be provided equivalent to 25% of
the floor area constructed for affordable /workforce housing, provided:
• The units contain at least one bedroom (no studios)
• At least 50% of the bonus residential units shall be deed - restricted for affordability to a
maximum of 80 %AMI The remainder shall be deed - restricted for any affordability level
up to 120% of area median income (AMI).
9. The following seven street cross - sections in Chapter 7 will be amended for consistency and
accuracy: Berkeley Shared Space Street, Nebraska Shared Space Street, Michigan Complete
Street, Olympic Complete Street, Nebraska Flexible Street, Street "A" Flexible Street, Stewart at
Colorado Mid -Block Crossing. A number of revisions regarding labels on the maps will be made
for clarification per Commissioner Kennedy's suggestions.
10. Modify Chapter 4c Circulation and Mobility, Policy CM12.1 (pg. 110):
Policy CM 12.1. Pursue completion of the elements of the city -wide Bike Action Plan
bicycle network that pass through the Bergamot Area Plan. Pursue completion of the
additional bicycle elements designated in the Bergamot Area Plan circulation network,
including Class II bike lanes on Stewart Street, 26th Street, Michigan Avenue, the Expo
Regional Bike Path, and the Michigan Avenue Neighborhood Greenway. Also, explore
creation of a protected north -south cycle -way and encourage connections beyond the
Plan area.
Attachment E — Changes to Draft Bergamot Area Plan
11. Modify narrative in Chapter 8 Implementation (page 253):
• ... Key projects would include several new crossings at different points along Olympic
Boulevard, and possibly traffic signal and crosswalk adjustments at 26th Street, as well
as the addition of new bike facilities.
12. Add language to Chapter 5 (Development Standards), standard B.14.A.01a Parking
Requirements at Plan Adoption (pg. 170):
Tier 1 and Tier 2 projects: 2.0 parking spaces per 1000 SF shall be required, which may be
reserved or voluntarily shared with the public. More than 2.0 spaces /thousand square feet shall
be permitted up to a maximum 4.0 spaces per 1,000 square feet per Table 5.05, provided that
the additional portion over 2.0 per 1000 SF shall be shared with the public, and that the
following findings can be made:.
a. That the location of proposed shared parking facilities is accessed from a street
designated as a "complete street" in the Plan's Circulation network.
b. That proposed shared parking facilities were positioned to adequately serve adjacent
existing deficiencies.
c. That proposed shared parking facilities met all Plan requirements and guidelines related
to access and design.
13. Delete reference to Zero Emission Vehicles in Chapter 5 (Development Standards) B.14.A.17
Designated Parking Spaces, and corresponding Table 5.10 Ridesharing and '^ °^ EmiqqiAR "^"'^'^
Parking Requirements (pg. 174).
Developments that provide shared and /or commercial parking shall provide designated parking
for zern emigginn vphicles with EV reeharging capability and carpool /vanpool vehicles, as shown
in Table 5.10. These spaces shall be included in the minimum required parking. EV Feeha*ging
may be fee base.d.
14. Modify Chapter 5 (Development Standards), standard B.9 Minimum Depth of Retail Space (pg.
159)
• B.9 Minimum Depth and Maximum Width of Retail Space
Additional modifications will be made to reflect the proposed addition to standard B.9 in Table
5.03 Development Standards (pg. 153):
• 60' maximum frontage
• 15' minimum frontage
15. Add a policy to Chapter 4a Urban Form (pg. 66):
• Policy UFS 3 Explore opportunities for expanding the purple pipe system and using
more recycled non - potable water, subject to availability, in the Bergamot Plan area.
16. Clarify Chapter 5 (Development Standards), standard 8.4.01 Ratio for Large Projects (pg. 157):
• For parcels of over 120,000 square feet in area in the Mixed -Use Creative District,
projects shall provide a mix of commercial and residential uses as shown in Table 5.03.
Attachment E — Changes to Draft Bergamot Area Plan
The ratio is expressed in floor area and can vary from the ratio up to 10% in either
direction for flexibility. The mix of uses can be achieved as vertical mixed -use (on top of
each other) or horizontal mixed -use (in neighboring buildings) (see Figure 5.05 for
illustration).
17. Modify Table 5.03 Development Standards to remove Required Mix of Uses from properties in
the Bergamot Transit Village (pg. 153).
18. Modify Chapter 5 (Development Standards) Table 5.11 Bike Parking Standards to require a
minimum of 1 long -term bike parking per unit (pg. 175).
19. Add a policy to Chapter 4a Urban Form (pg. 66):
Policy UFS 4: Ensure that new buildings contribute towards attaining a level of solar energy
production that significantly furthers the City's goal of achieving net zero energy use by 2020.
A new standard will be added to Chapter 5 (Development Standards) (pg. 169). Subsequent
standards will be renumbered:
B.14 Bergamot Plan Area Solar Energy Requirement Consistent with state law, all new buildings
with a gross roof area of 15,000 SF or greater shall install a solar photovoltaic energy system
that is connected to the electrical grid When installed the solar energy system shall be capable
of producing at least 5 kilowatts AC for every 1000 square feet of building footprint area For
the purposes of calculation the building footprint area shall be rounded to the nearest 1000
square feet The applicant may propose alternative technology to produce an equivalent
amount of renewable energy subject to approval by the Planning Director, or his /her designee.
Exceptions:
1) This requirement may be reduced to the extent necessary for compliance if the Applicant
can demonstrate that compliance with this requirement is technically infeasible due to
shading from existing nearby objects.
2) This requirement may be reduced to the extent necessary if the applicant can demonstrate
that annual energy demand for the building does not exceed the annual energy production
of the required solar energy system.
*NOTE: The sections following the new 8.14 will need to be renumbered, and cross - references will be
updated throughout the document.'
20. The following text will be added to the Executive Summary to highlight the Plan's sustainability
measures (pg. 8)
A Sustainable Plan Full of Innovations and Creativity
• Advancing sustainability by creating a green mixed -use neighborhood with housing,
jobs and services that provides more transportation choices and reduces the need for
vehicle trips; fostering local innovation and high performance built environment;
' Staff has attempted to identify the location of the above changes within the Draft Final Plan as accurately as
possible. Additional locations within the Plan may exist.
Attachment E — Changes to Draft Bergamot Area Plan
promoting human health through walking/biking; reducing greenhouse Ras emissions
(GHG)• capturing stormwater and urban runoff, and requiring a higher level of solar
energy provision.
The graphic on page 7 will be modified to read:
Through its comprehensive policy approach, this Plan meets the economic,
environmental and social goals of the Sustainable City Plan, and specifically addresses
climate change through integrating land use and transportation and moving the city
forward towards net zero energy use. This Plan also represents Santa Monica's
contribution to the federal Sustainable Communities Challenge Program which substantially
funded this effort.
Additionally, a new page will be added to the Executive Summarythat summarizes the Plan's
sustainable components.
21. Modify Chapter 4a Urban Form, Policy OS4.1(page 67):
• Policy OS4.1 Prioritize the acquisition of an open space that is greater than one acre in
size in the Bergamot Plan area and explore funding alternatives that include the use of
assessment districts and land swaps (including City -owned land).
22. Modify Chapter 4e Economic Sustainability, Policy E4.5 (page 133)
• Ene �50port non - profit or other affordable housing developers to acquire a site
and build a 100% affordable housing project where "affordability" is defined to include
an income spectrum ranging from extremely low income to workforce.
23. Modify Chapter 4c Circulation and Mobility, Policy CA -3.4 (page 126):
• Consider laFevide standards and zoning regulations that support temporary art
installations, road closures for street festivals, creative signage, etc.
24. Modify Chapter 5 Development Standards (page 148, 2nd paragraph)
As discussed in Chapter 1, Introduction, the LUCE sets out three tiers for new development in the
Bergamot Plan Area. Tier 1 is baseline, by -right development up to the discretionary review thresholds
established by the Zoning Ordinance.
25. Modify Chapter 5 Development Standards, Tier II Requirements (page 148)
• (2 "d bullet) Provide all Tier II requirements specified in the City's Municipal Code, Article IX (Zoning
Ordinance). In order to ensure that new development at the Tier II level contributes to the identity
and development of the Bergamot Plan area, Tier II level fees shall be allocated to appropriate
projects within the Bergamot Plan area, to the extent feasible.
• (3`d bullet) Notwithstanding the above, previde payment of -the Zoning Ordinance Update process
will consider requiring that proiects in the Bergamot Plan area pay a higher Transportation Impact
Fee (TIF), to be allocated as above.
Attachment E — Changes to Draft Bergamot Area Plan
26. Modify Chapter 5 Development Standards, Standard B.14.A.06 Charging for Parking Required
B. Parking Pricing: All shared parking spaces shall be priced at an hourly or daily rate per B.14.A.15.
If shared parking spaces are leased...
27. Correct the reference to the buffer park project in Chapter 8 (Implementation) as follows:
• On page 253 (third column): Last sentence of Section (a) will be adjusted as follows: €xye's
dDevelopment of the "Buffer Park" adjacent to the Expo maintenance yard is also included in
Phase 1.
• In Table 8.02, the Buffer Park at Expo Yard line item is listed under "Funded by Expo" but is
funded by the City and the table will be updated to show the City's Rough Cost Estimate for the
park as $4 million
28. Modify Chapter 4.E Policy E.4.3 (p. 133) as follows:
Through local business organizations or the TMA, develop systems, such as advance marketing, to
provide information and aggressively market available housing opportunities to area employees and
first responders, teachers, nurses and other hospital employees.
29. Add sentence to Chapter 4.13, Policy LU1.3 (page 78): The calculation shall be based on total
floor area which shall not subtract existing /demolished floor area on an area -wide basis.
30. Modify Chapter 4.A, Policy OS1.1 as follows:
Ensure creation of a wide variety of open space types, including hardscape plazas, active parks,
passive spaces, sculpture gardens, dog parks, community gardens and play lots
31. Amend Table 5.02 (p. 153), under the use category of Food and Beverage Sales in BTV and MUC
Districts by adding a reference to a note at the end of the table to read as follows:
One (1) new food & beverage facility may be permitted in the Plan area, in either the BTV or MUC
District that exceeds the 4,000 square foot limit and may be a maximum of 15,000 square feet.
32. In Table 5.02, amend to indicate that all residential uses shown as "P" in the BTV District may be
allowed in the CAC District subject to approval of a CUP.
33. In Chapter 8 (Implementation), on page 253, following the bullets in the first column, the
following sentence will be added:
The Planning & Community Development Department will provide City Council with periodic reports
on the progress of Plan implementation.
Minor text changes to better reflect legal requirements in obtaining infrastructure improvements,
developer -paid fees, community benefits, and other district -wide enhancements have been made
on the following pages: 3, 77, 104, 245, and 247. Any incorrect cross - references throughout the
document will be clerically corrected.
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Adopted and approved this 10th day of September, 2013.
O'Connor, Mayor
I, Sarah P. Gorman, City Clerk of the :,tam
Santa Monica, do hereby certify that
the foregoing Resolution No. 10768 (CCS) was duly adopted at a meeting of the Santa
Monica City Council held on the 10th day of September, 2013, by the following vote:
AYES: Councilmembers: Davis, Holbrook, Vazquez, Winterer
Mayor Pro Tem O'Day, Mayor O'Connor
NOES: Councilmember: McKeown
ABSENT: Councilmember: None
ATTEST:
Sarah P. Gorman, City Clerk