Loading...
SR 06-26-2018 8A City Council Report City Council Meeting: June 26, 2018 Agenda Item: 8.A 1 of 7 To: Mayor and City Council From: David Martin, Director, Administration Subject: Proposed Ballot Measure Amending the City Charter to Require a Super- Majority Council Vote to Amend the Land Use and Circulation Element or the Downtown Community Plan to Increase Permitted Heights or Floor Area Ratios Recommended Action In accordance with previous Council direction, staff recommends that the City Council adopt the attached resolution (Attachment A) placing a measure on the November 6, 2018 ballot that would amend Section 615 of the City Charter to require a super-majority Council vote for amendments to the Land Use and Circulation Element (LUCE) or the Downtown Community Plan (DCP) that would result in an increase in allowed height or floor area ratio (FAR). Executive Summary As a result of the City’s long-standing efforts to promote the provision of community benefits from new development, the City of Santa Monica encouraged the use of development agreements for major projects. While this concept provided short-term contributions toward such community priorities as historic preservation, childcare facilities, traffic mitigation and cultural amenities, the perception that height and density rules were negotiable ultimately undermined the stability, predictability and transparency of the City’s development standards. Since the adoption of the landmark Land Use and Circulation Element (LUCE) which is the heart of the City’s General Plan, the City has adopted an implementing citywide Zoning Code and Downtown Community Plan, along with other neighborhood and district specific plans. Together, these standards govern the allowable heights, density and design rules for new development throughout Santa Monica, giving clear guidance to property owners, developers, nearby residents and the community at large. By adopting those plans, the Council established firm and clear limits on the scope of future 2 of 7 development. To give added assurance that these long-term plans will remain as the stable standards for new development for the foreseeable future, the majority of the Council has directed the development of a charter amendment that would require a supermajority of five voting members of the Council to approve any increase in the height and density standards contained in the adopted LUCE or the Downtown Community Plan for a fixed period of time (staff recommends no more than ten years). Charter amendments must be submitted to the people for approval at a general municipal election. Background 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 (FAR), by requiring super-majority Council approval, or by other means, and return to Council with options.” On May 8, 2018 (Attachment B), the City Council considered various options for a ballot measure and directed staff to return with a resolution placing a measure on the November 6, 2018 ballot that would require a super-majority Council vote for any amendments to the LUCE or DCP that result in an increase to allowed heights or floor area ratios. Discussion As directed by City Council, the attached resolution would place a measure on the November 6, 2018 ballot that would require five affirmative votes of the Council for any amendments to the LUCE or DCP that result in an increase in the maximum allowed height or FAR for the highest Tier in any land use designation. The LUCE contains maximum heights and FARs for most areas of the City except the Downtown area (which is covered by the DCP), the Hospital Area Specific Plan (HASP) area and the Civic Center Specific Plan (CCSP) area. The HASP and CCSP are both referenced in the LUCE as the guiding documents on development standards such as height and FAR. Council Actions to Increase Height and FAR that Would Not Require Super-Majority 3 of 7 The sections below provide clarity as to Council actions, including those that would not require the affirmative vote of five Council Members, particularly in relation to the Zoning Ordinance and each of the areas of the City covered by existing or proposed specific plans.  Downtown Community Plan The LUCE states that, “Prior to the completion of a new Downtown Specific Plan, the existing Bayside District Specific Plan and applicable land use designations will apply.” The Downtown Community Plan was adopted on July 25, 2017 and established development standards including maximum allowable height and FAR for the Downtown area. An Established Large Sites Overlay was also created in DCP Section 9.10.080 that required three sites within the Overlay to be processed through a development agreement and comply with an absolute height limit of 130’ and maximum FAR particular to each site. As long as any Established Large Sites Overlay project complies with DCP Section 9.10.080, the proposed ballot measure would not require a super-majority vote of Council because they would not require an amendment to the DCP.  Zoning Ordinance Amendments There are areas of the City where the height and FAR standards in the LUCE exceed the standards in the Zoning Ordinance, such as the Mixed Use Boulevard Low District and portions of the Bergamot Area Plan. In such cases, an applicant could request and the City could process a Development Agreement to allow a project that exceeds the Zoning Ordinance standards but is consistent with the standards in the LUCE. Conversely, an applicant or the City could propose zoning amendments that modify height and FAR that remain within LUCE maximum allowable height and FAR. Under the proposed ballot measure, such projects would not require a super-majority vote of Council because they would not require an amendment to the LUCE.  Bergamot Area Plan (BAP) 4 of 7 Similar to the Zoning Ordinance, the BAP contains height and FAR standards that in some cases are less than what is allowed in the LUCE. The proposed ballot measure would not impose a super-majority requirement for a project or amendments that exceed the height and FAR standards contained in the BAP as long as the project or amendments are within the Tier 3 maximum allowable height and FAR standards in the LUCE.  Hospital Area Specific Plan (HASP) The LUCE does not contain height and FAR standards for the HASP area but it incorporates the standards of the HASP by reference and states that: “Development standards within the Healthcare Mixed-Use District are as established within the HASP”. While the HASP contains height and FAR standards for most areas within the HASP area, it defers the development standards for Providence Saint John’s Health Center (PSJHC) to the Saint John’s Development Agreement. However, given the fact that the HASP area includes the Santa Monica UCLA Medical Center, PSJHC campus, and the areas in between, it is unlikely that there would be a proposal to increase the height or FAR in the areas covered by the HASP. This is because development on the UCLA Medical Center campus is exempt from the City’s standards and PSJHC standards are to be established through a Development Agreement. As a result, no LUCE amendment would be necessary and the proposed ballot measure would not require a super-majority vote of Council to amend the HASP to increase the allowed height and FAR.  Civic Center Specific Plan (CCSP) Development standards for property within the Civic Center area are governed by the CCSP. The LUCE states that: “The Civic Center Specific Plan prescribes the allowable uses within this district”; and “The Civic Center Specific Plan establishes allowable building heights and intensity”. The Civic Center area is predominantly built-out and the only remaining unentitled portion of the CCSP is the Civic Auditorium. As a result, it is unlikely that there 5 of 7 would be a request to increase the maximum allowed height or FAR in the CCSP unless undertaken as part of future proposals for reactivating the Civic Auditorium. As proposed, the ballot measure would not require a super- majority vote of Council to amend the CCSP to increase the allowed height or FAR.  Memorial Park Neighborhood Plan The Memorial Park Neighborhood Plan (MPNP) is currently underway. The LUCE and Zoning Ordinance contain development standards including height and FAR for all areas within the MPNP area and it is not anticipated that the Plan will increase the maximum allowable height or FAR. However, if the Plan did include increases to maximum allowable height or FAR for the highest LUCE Tier under the proposed ballot measure, the approval of the MPNP would require a super-majority vote of the Council.  Santa Monica Business Park The LUCE currently contains height and FAR standards for the area of the Santa Monica Business Park. Furthermore, the LUCE states that “In the Airport Business Park, a Specific Plan is required before significant new development may occur”. Based on the proposed ballot measure, if a new Santa Monica Business Park Specific Plan includes heights or FARs that exceed the ones currently contained in the LUCE, approval of the Specific Plan would require a super-majority vote of the Council. 100% Affordable Housing Exemption The proposed ballot measure includes an exemption for amendments to maximum height and FAR for the LUCE and DCP for 100% affordable housing projects. Under this provision, amendments that allow additional height or FAR for 100% affordable housing projects could be approved with a simple majority Council vote. Expiration of Ballot Measure 6 of 7 The proposed language in the ballot measure provides that the super-majority vote requirement, if adopted, would automatically expire on November 6, 2028. This date would be ten years after adoption if the Council places the measure on the ballot and it receives approval from a majority of the voters in the November general municipal election. Both the LUCE and the Downtown Plan were prepared as long-range plans to provide guidance to approximately the year 2030. A ten-year sunset of this charter amendment would give future Councils and voters the opportunity to revisit the issue as a new citywide planning framework is developed a decade from now to anticipate the changed circumstances of time. For absolute clarity and ease of implementation, staff recommends that there be a specific sunset date for the ballot measure instead of a future sunset date tied to future actions by the City Council or voters. Environmental Analysis The proposed resolution is exempt from the provisions of California Environmental Quality Act (CEQA) pursuant to 15061(b)(3) of the State Implementation Guidelines (common sense exemption). Based on the evidence in the record, it can be seen with certainty that there is no possibility that the proposed resolution may have a significant effect on the environment. The resolution to place a measure on the November 6, 2018 ballot proposes a procedural change to Council actions necessary to enact future amendments that would increase maximum height and FAR in the LUCE or DCP. Any future amendments to maximum height and FAR in the LUCE or DCP would require their own environmental analysis. The proposed procedural change to require five affirmative votes instead of a simple majority for such amendments would not allow more mass or floor area within the LUCE or DCP than existing regulations. Therefore, no further environmental review under CEQA is required. Financial Impacts & Budget Actions The cost of adding the measure to the November 6, 2018 ballot is included in the FY 2018-19 budget in the Records & Election Services (City Clerk) Department. 7 of 7 Prepared By: David Martin, Director Approved Forwarded to Council Attachments: A. May 8, 2018 Council Staff Report (web link) B. Resolution REFERENCE: Resolution No. 11127 (CCS)