SR 05-08-2018 8B
City Council
Report
City Council Meeting: May 8, 2018
Agenda Item: 8.B
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To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Possible Ballot Measure to Protect Against Development Exceeding the
Adopted General Plan or Zoning Code Limits on Height or Floor Area Ratio,
By Requiring Super-Majority Council Approval or Other Means
Recommended Action
Staff recommends that the City Council review the proposed options and adopt the
recommendation not to proceed with a ballot measure for the November 2018 Election
to require a super-majority Council approval for projects that exceed the Land Use
Element, Specific Plans or the Zoning Ordinance that would result in an increase in
allowed height or floor area ratio (FAR) as unnecessary due to the protections already
built into those adopted plans to preclude such approval.
Executive Summary
At the City Council meeting on December 12, 2017, the Council directed staff to
“explore a possible 2018 ballot measure that would protect against development
exceeding the adopted General Plan or Zoning Code limits on height or Floor Area
Ratio, by requiring super-majority Council approval, or by other means, and return to
Council with options.”
In response to Council direction to explore a possible ballot measure to protect against
development exceeding the General Plan or Zoning Ordinance, staff has developed
three options. The recommended first option is to not place a measure on the ballot and
continue to rely on the existing General Plan, the Downtown Community Plan and
Zoning Ordinance which sets out clear rules for maximum height and floor-area ratios
(FAR) for the vast majority of the City based on plans adopted after robust public input.
Option 2 would allow projects to exceed the zoning ordinance standards through a
Development Agreement without a super-majority, but only if the project is consistent
with the LUCE and any applicable Specific Plan. Option 3 would require a super-
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majority for any project that exceeds the height and FAR allowance contained in the
zoning ordinance.
Having completed the implementation of the Land Use and Circulation Element (LUCE)
in 2010 with the adoption of the citywide Zoning Ordinance and the Downtown
Community Plan, the flexibility utilized for development agreements is no longer either
necessary or desirable. Predictability for both property owners and residents outweighs
the perceived benefits that came from negotiating heights and density on a project by
project basis. Having put enormous resources of time, debate and financial resources
into establishing specific height and density limitations for the entire city, Council has
clearly indicated a commitment to enforce those limits by applying them consistently to
all future projects and that has been the established practice without deviation since the
adoption of the Zoning Ordinance and the Downtown Community Plan.
Discussion
Development in Santa Monica is governed by a Tier system, which is contained in the
LUCE and establishes up to three tiers of development in most land use districts. Tier 1
development is limited to a relatively low height and FAR with a very predictable
entitlement process. Tier 2 development allows greater height and FAR in exchange for
increased, but prescribed community benefits. Tier 3 development allows the most
height and FAR in exchange for community benefits beyond what is required for Tier 2
projects.
Under current requirements, development can only exceed height or FAR requirements
established in the Zoning Ordinance, LUCE and/or any Specific Plan if the relevant
governing document is amended, or, in limited circumstances, if a Development
Agreement is obtained. Any such amendment or Development Agreement must be
adopted by ordinance and is subject to referendum and reversal by the voters.
Prior to adoption of the Zoning Ordinance and associated amendments to the LUCE in
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2015 and the Downtown Community Plan last year, most projects proceeded by
Development Agreement, which allowed increased height and FAR in exchange for
community benefits. The Zoning Ordinance and the Downtown Community Plan,
however, implemented prescribed development standards and community benefits for
Tier 2 projects; and the Downtown Community Plan includes prescribed development
standards and community benefits for most Tier 3 housing projects.
Today, there are only limited areas in the City where Tier 3 projects with negotiated
height and FAR are still allowed. These include Broadway and Colorado Avenue
between Lincoln and 20th Street, the area bounded by Broadway to the north, Colorado
to the south, Cloverfield to the east and 20th Street to the west, and any project in the
Mixed Use Boulevard Low District that includes 100% affordable housing or a
designated Landmark. Tier 3 projects are also allowed by Development Agreement in
portions of the Bergamot Transit Village. However, while these projects could exceed
the height and FAR limits in the zoning ordinance, they must be consistent with the
height and FAR maximums contained in the LUCE.
Option 1
Option 1 would retain and reinforce existing legally adopted developmen t rules and
requirements. With the adoption of the Downtown Community Plan in 2016 and the
citywide Zoning Ordinance in 2015, Council clearly established height and FAR ratios to
guide future development throughout the City with the intent of providing ce rtainty about
the rules for property owners, residents and potential developers. Under existing rules,
development may not exceed established height or FAR requirements. Deviating from
those standards would require amending the governing document ordinan ce (or the
governing document permits a Development Agreement, also adopted by ordinance). In
either case, any such ordinance adopted by Council would be subject to referendum by
the voters. Council may therefore conclude that an additional super-majority
requirement is not necessary given that the Council has intentionally adopted the
prescribed development requirements set forth in recent years and shown a clear
commitment to regulating development within those standards. The availability of
referendum for any change to height or FAR requirements in the Zoning Ordinance or
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area specific plan or any Development Agreement allowing development in excess of
prescribed height and FAR limits provides strong protection that these rules will be
enforced and not set on a project by project basis. It should be noted that the City is not
required to even process a proposal for a development agreement that exceeds zoning
standards. Staff believes that adhering to the established zoning standards makes
enacting a charter amendment unnecessary to ensure consistent compliance with
established height and FAR standards.
Options 2 and 3
In response to Council direction to explore options to require a super-majority, or other
process, for development exceeding the adopte d General Plan or Zoning Ordinance
height or FAR allowances, staff has developed two additional options for Council
consideration.
Option 2
Option 2 would require a super-majority for an amendment to the LUCE or any specific
plan where that amendment would increase the maximum height limit or floor area ratio
applicable to any zoning district. This option would add the underlined language to
Section 615 of the City Charter to read as follows:
Option 2 - limits height and FAR increases in the LUCE and Specific Plans
615. Adoption of ordinances and resolutions. With the sole exception of
ordinances which take effect upon adoption, hereinafter referred to, no ordinance
shall be adopted by the City Council on the day of its introduction, nor within five
days thereafter, nor at any time other than at a regular or adjourned regular
meeting. At the time of adoption of an ordinance or resolution it shall be read in
full, unless, after the reading of the title thereof, the further reading thereof is
waived by unanimous consent of the City Councilmembers present. In the event
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that any ordinance is altered after its introduction, the same shall not be finally
adopted except at a regular or adjourned regular meeting, held not less than five
days after the date upon which such ordinance was so altered. The correction of
typographical or clerical errors shall not constitute the making of an alteration
within the meaning of the foregoing sentence.
No order for the payment of money shall be adopted or made at any other than a
regular or adjourned regular meeting.
The affirmative votes of at least four members of the City Council shall be
required for the enactment of any ordinance or resolution, or for the making or
approving of any order for the payment of money.
The affirmative votes of at least five members of the City Council shall be
required for the adoption of any amendment to the (a) the Land Use and
Circulation Element or (b) any specific plan adopted pursuant to Chapter 9.45 of
the Municipal Code, where that amendment would increase the maximum height
limit or floor area ratio applicable to any zoning district.
Emergency Ordinances. Any ordinance declared by the City Council to be
necessary as an emergency measure for preserving the public peace, health or
safety and containing a statement of the reasons for its urgency, may be
introduced and adopted at one and the same meeting if passed by at least five
affirmative votes.
The language contained in this option would allow projects to exceed the zoning
ordinance standards through a Development Agreement without a super-majority, but
only if the project is consistent with the LUCE and any applicable Specific Plan. In other
words, changes to the governing rules and regulations would require super -majority
approval, but, in situations where the LUCE allows Tier 3 projects through the approval
of a Development Agreement, a super-majority would not be required.
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Option 3
Option 3 would require a super-majority for any project that requires an amendment to
the Land Use and Circulation Element (LUCE), any specific plan adopted pursuant to
Chapter 9.45 of the Municipal Code, or the City of Santa Monica Comprehensive Zoning
Ordinance as set forth in Article 9 of the Municipal Code, where that amendment would
increase the maximum height limit or floor area ratio applicable to any zoning district.
However, this super-majority provision would not apply to any Established Large Sites
Overlay project that complies with Section 9.10.080 of the Downtown Community Plan.
This option would add the underlined language to Section 615 of the City Charter to
read as follows:
Option 3 - limits height and FAR increases in the LUCE, Specific Plan or the
Zoning Code
615. Adoption of ordinances and resolutions.
With the sole exception of ordinances which take effect upon adoption,
hereinafter referred to, no ordinance shall be adopted by the City Council on the
day of its introduction, nor within five days thereafter, nor at any time other than
at a regular or adjourned regular meeting. At the time of adoption of an ordinance
or resolution it shall be read in full, unless, after the reading of the title thereof,
the further reading thereof is waived by unanimous consent of the City
Councilmembers present. In the event that any ordinance is altered after its
introduction, the same shall not be finally adopted except at a regular or
adjourned regular meeting, held not less than five days after the date upon which
such ordinance was so altered. The correction of typographical or clerical error s
shall not constitute the making of an alteration within the meaning of the
foregoing sentence.
No order for the payment of money shall be adopted or made at any other than a
regular or adjourned regular meeting.
The affirmative votes of at least four members of the City Council shall be
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required for the enactment of any ordinance or resolution, or for the making or
approving of any order for the payment of money.
The affirmative votes of at least five members of the City Council shall be
required for the adoption of any amendment to (a) the Land Use and Circulation
Element, (b) any specific plan adopted pursuant to Chapter 9.45 of the Municipal
Code, or (c) the City of Santa Monica Comprehensive Zoning Ordinance as set
forth in Article 9 of the Municipal Code, where that amendment would increase
the maximum height limit or floor area ratio applicable to any zoning district;
provided, however, that this super-majority provision would not apply to any
Established Large Sites Overlay project that complies with Section 9.10.080 of
the Downtown Community Plan.
Emergency Ordinances. Any ordinance declared by the City Council to be
necessary as an emergency measure for preserving the public peace, health or
safety and containing a statement of the reasons for its urgency, may be
introduced and adopted at one and the same meeting if passed by at least five
affirmative votes.
The language contained in this option would require a super-majority for any project that
exceeds the height and FAR allowance contained in the Zoning Ordinance. Therefore,
Tier 3 projects located in the few areas that still allow Tier 3 development would be
required to obtain a Development Agreement and achieve a super -majority vote from
City Council.
The proposed language in this option specifically exempts the Established Large Sites
contained in the Downtown Community Plan area because the determination to allow
projects on these sites to reach a height up to 130’ through the approval of a
Development Agreement was thoroughly vetted during the Downtown Community Plan
outreach process and the requirement for a Development Agreement allows the
approvals to be brought before the voters through the referendum process.
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Financial Impacts & Budget Actions
If the Council were to choose to place a measure on the ballot, the cost of the ballot
measure would be incurred as part of the elections budget of $513,981 in the Records &
Election Services (City Clerk) Department.
Prepared By: David Martin, Director
Approved
Forwarded to Council
Attachments:
A. Powerpoint Presentation
TYPES OF POTENTIAL COUNCIL ACTIONS OPTION 1
(Status Quo)OPTION 2 OPTION 3
Amendments to increase height
or FAR in LUCE, DCP and BAP
Amendments to increase height
or FAR in zoning ordinance
Approval of tier 3 development
agreements where development
exceeds height or FAR in Zoning
Ordinance
Approval of established large site
development agreements
COUNCIL MAJORITY COUNCIL SUPER MAJORITY