R112371
City Council Meeting: March 10, 2020 Santa Monica, California
RESOLUTION NUMBER 11237 (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA AMENDING THE LAND USE AND CIRCULATION
ELEMENT OF THE GENERAL PLAN OF THE CITY OF SANTA MONICA TO
INCREASE THRESHOLDS FOR MINISTERIAL REVIEW OF ONE HUNDRED
PERCENT AFFORDABLE HOUSING PROJECTS AND HOUSING PROJECTS
SUBJECT TO THE HOUSING ACCOUNTABILITY ACT
WHEREAS, the State is experiencing a housing supply crisis, with housing
demand far outstripping supply; and
WHEREAS, in 2018, California ranked 49th out of the 50 states in housing units
per capita; and
WHEREAS, housing crisis has particularly exacerbated the need for affordable
homes at prices below market rates; and
WHEREAS, the housing crisis has resulted in increased poverty and
homelessness, especially first-time homelessness, forced lower income residents into
crowded and unsafe housing in urban area, and forced families into lower cost new
housing in greenfields at the urban-rural interface with longer commute times and a higher
exposure to fire hazard; and
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WHEREAS, California needs an estimated 180,000 additional homes annually to
keep up with population growth, and the Governor has called for 3.5 million new homes
to be built over the next 7 years; and
WHEREAS, the Regional Housing Needs Assessment (RHNA) process is pending
finalization for the 6th Cycle Housing Element, and is anticipated to result in an allocation
of approximately 8,800 units to Santa Monica, of which 69% would be affordable housing;
and
WHEREAS, on July 6, 2010, the City Council adopted the Land Use and
Circulation Element of the City’s General Plan (“LUCE”) which designates the proposed
general distribution, location and extent of land uses within the City; and
WHEREAS, the LUCE was adopted after an extensive planning process, and
addresses neighborhood conservation and enhancement; integrated land use and
transportation; proactive congestion management; complete neighborhoods with
increased open space; community benefits; quality urban character and form;
preservation of historic resources; and growth management; and
WHEREAS, the LUCE differs from prior Land Use and Circulation elements, in
part, by establishing a direct link between land use and transportation policies and
programs and the establishment of new development policies and standards which
ensure that quality development contributes to the character of the City; and
WHEREAS, the LUCE establishes a base height for each land use as a baseline
and proposed development which seeks additional height above the base is subject to
discretionary review and must meet additional requirements consistent with the
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community’s broader social, environmental, and circulation goals – an approach defined
in three tiers; and
WHEREAS, the LUCE provides certain bonuses, concessions and incentives for
one hundred percent affordable housing projects, including a provision that allows for
ministerial approval for projects of up to 50 units in size; and
WHEREAS, a RHNA allocation of 8,880 units with 69% affordability in the 6th
Cycle Housing Element will require the City to permit approximately 1,000 housing units
a year between 2021 and 2029, 700 of which are required to be affordable housing; and
WHEREAS, 100% affordable housing projects, with challenges in available
funding, are turning to financing sources such as tax credits, which establish a strict
schedule for obtaining entitlements and building permits which are more easily met with
a streamlined review process; and
WHEREAS, the Housing Accountability Act, California Government Code Section
65589.5 (the “HAA”), places strict limitations on the City’s discretion to deny, reduce the
density of, or place conditions a housing project that complies with objective general plan,
zoning and subdivision standards and criteria, including design review standards in effect
at the time the application is determined complete; and
WHEREAS, requiring discretionary review for housing projects that comply with
objective general plan, zoning and subdivision standards and criteria, including design
review standards in effect at the time the application is determined complete, adds time
and expense to housing production without providing any meaningful benefit to the
community; and
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WHEREAS, on December 10, 2019, the City Council conducted a study session
on housing policy in part to discuss options for increasing housing production throughout
the City with a particular emphasis on incentivizing one hundred percent affordable
housing projects, and considered whether increasing the thresholds for ministerial review
of certain housing projects would further stimulate housing production; and
WHEREAS, on February 5, 2020, the Planning Commission adopted a Resolution
of Intention, Resolution Number 20-002 (PCS), declaring its intention to consider
recommending to the City Council that the City Council amend the text of the LUCE, the
Bergamot Area Plan (“BAP”) and the Downtown Community Plan (“DCP”) to increase the
thresholds for ministerial review of one hundred percent affordable housing projects and
housing projects subject to the HAA; and
WHEREAS, on February 19, 2020, the Planning Commission conducted a duly
noticed public hearing, and after considering oral and written testimony regarding the
proposed amendments to the text of the LUCE, BAP and DCP, adopted a Resolution of
Recommendation, Resolution Number 20-005 (PCS) recommending to the City Council
that the City Council adopt the proposed amendments; and
WHEREAS, on March 10, 2020, 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 adopt the proposed amendments to
the LUCE.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
SECTION 1. Amendments to the Land use and Circulation Element. Pursuant
to Santa Monica Municipal Code Section 9.45.080, the City Council does hereby amend
the Land Use and Circulation Element of the General Plan of the City of Santa Monica as
set forth in Exhibit A, attached to this Resolution and incorporated herein by reference.
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.
APPROVED AS TO FORM:
_________________________
Lane Dilg
City Attorney
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EXHIBIT A
[Behind this page]
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CHAPTER
AND
PAGE(S)
PROPOSED AMENDMENTS
TO THE LAND USE AND CIRCULATION ELEMENT
Various
Summary of Purpose:
The amendments included herein will remove barriers to building housing,
particularly affordable housing by increasing ministerial process thresholds
for one hundred percent affordable housing projects and housing projects
that meet all objective standards in accordance with the Housing
Accountability Act.
Executive
Summary,
pp. 11-12
Require Community Benefits
• Traditional planning has long required development to meet minimum
community benefit standards. The LUCE proposes a comprehensive
approach to benefits designed to serve the community’s core needs—
new affordable housing opportunities, cultural and social facilities,
employee housing, preservation of historic resources, and the
creation of quality “places”.
The LUCE establishes a review process which conditions new
development above a base height to provide community benefits.
This approach provides the City and the community with the capability
to shape how individual projects contribute to the City as a whole.
This will ensure that new buildings will be rich additions to the urban
fabric while creating special places in the City that enhances its
unique character and quality of life.
To accomplish this, the LUCE Plan establishes a base height of up to
32 feet for new development (ministerial up to the discretionary review
thresholds established by the Zoning Ordinance), initiating a
Development Review Permit or Development Agreement process for
development beyond this height. To incentivize housing production,
the following projects that exceed the base height will be subject to
ministerial review up to discretionary review thresholds established
by the Zoning Ordinance: 1) one hundred percent affordable housing
projects; and 2) housing projects that meet the definition of “housing
development project” under the Housing Accountability Act,
Government Code Section 65589.5, (“Housing Accountability Act”)
and that, consistent with the Housing Accountability Act, comply with
all applicable, objective general plan, zoning, and subdivision
standards and criteria, including design review standards, in effect at
the time that the project application is deemed complete.
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Chapter 2.1,
Land Use
Policy and
Designations,
p. 2.1-5
The LUCE Requires a New Zoning Approach
• The 1984 LUCE and current zoning code establish varying heights
for development in selected areas in the City.
In contrast, the LUCE approach establishes the base height at no
more than 32 feet (ministerial up to the discretionary review
thresholds established by the Zoning Ordinance*) and requires
applicants desiring to develop above the base height to be subject
to a discretionary review process with required community benefits
that will contribute to the community’s overall social and
environmental goals. To incentivize housing production, the
following projects that exceed the base height will be subject to
ministerial review up to discretionary review thresholds established
by the Zoning Ordinance: 1) one hundred percent affordable
housing projects; and 2) housing projects that meet the definition
of “housing development project” under the Housing Accountability
Act and that, consistent with the Housing Accountability Act, comply
with all applicable, objective general plan, zoning, and subdivision
standards and criteria, including design review standards, in effect
at the time that the project application is deemed complete.
Chapter 2.1,
Land Use
Policy and
Designations,
p. 2.1-17
Citywide Land Use Policies
LU10.4 Discretionary Review. Require a discretionary review
process with community input for projects above the base height
except for 100 one hundred percent affordable housing projects
and housing projects that meet the definition of “housing
development project” under the Housing Accountability Act and
that, consistent with the Housing Accountability Act, comply with all
applicable, objective general plan, zoning, and subdivision
standards and criteria, including design review standards, in effect
at the time that the project application is deemed complete.
Chapter 2.1,
Land Use
Policies and
Designations,
p. 2.1-30
Introduction to the LUCE Land Use Designations
A. Neighborhoods
2. Low-Density Housing, Development Parameters
• One hundred percent affordable housing projects will be subject to
ministerial review of 50 or fewer units will be processed
ministerially.
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Chapter 2.1,
Land Use
Policies and
Designations,
p. 2.1-31
Introduction to the LUCE Land Use Designations
A. Neighborhoods
3. Medium-Density Housing, Development Parameters
• Tier 2 – Housing projects that provide identified community benefits
specified in implementing ordinances may request a maximum
allowable height not to exceed 40 feet and maximum allowable
density up to 35 units per net residential acre, exclusive of City and
State density bonuses. Housing projects that meet the definition of
“housing development project” under the Housing Accountability
Act and that, consistent with the Housing Accountability Act, comply
with all applicable, objective general plan, zoning, and subdivision
standards and criteria, including design review standards, in effect
at the time that the project application is deemed complete will be
subject to ministerial review up to the discretionary review
thresholds established by the Zoning Ordinance. These All other
housing projects will require a discretionary permit, following a
public review process that will determine consistency with objective
standards such as mass, scale, compatibility, affordable housing,
open space, TDM measures and implementation of parking
strategies.
• One hundred percent affordable housing projects will be subject to
ministerial review50 or fewer units will be processed ministerially.
Chapter 2.1,
Land Use
Policy and
Designations,
p. 2.1-32
Introduction to the LUCE Land Use Designations
A. Neighborhoods
4. High-Density Housing, Development Parameters
• Tier 2 – Housing projects that provide identified community benefits
specified in implementing ordinances may request a maximum
allowable height not to exceed 45 feet and maximum allowable
density up to 48 units per net residential acre, exclusive of City and
State density bonuses. Housing projects that meet the definition of
“housing development project” under the Housing Accountability
Act and that, consistent with the Housing Accountability Act, comply
with all applicable, objective general plan, zoning, and subdivision
standards and criteria, including design review standards, in effect
at the time that the project application is deemed complete will be
subject to ministerial review up to the discretionary review
thresholds established by the Zoning Ordinance. These All other
housing projects will require a discretionary permit, following a
public review process that will determine consistency with
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appropriate objective standards such as mass, scale, compatibility,
affordable housing, open space, TDM measures and
implementation of parking strategies.
• One hundred percent affordable housing projects will be subject to
ministerial review of 50 or fewer units will be processed
ministerially.
Chapter 2.1,
Land Use
Policy and
Designations,
p. 2.1-35
Introduction to the LUCE Land Use Designations
B. Boulevards
5. Mixed-Use Boulevard Low, Development Parameters
• Tier 2 – Above Base -With Community Benefits — Subject to a
discretionary review process, projects Projects that provide
community benefits may request a height up to 36 feet and 1.75
FAR. One hundred percent affordable housing projects will be
subject to ministerial review. Housing projects that meet the
definition of “housing development project” under the Housing
Accountability Act and that, consistent with the Housing
Accountability Act, comply with all applicable, objective general
plan, zoning, and subdivision standards and criteria, including
design review standards, in effect at the time that the project
application is deemed complete will be subject to ministerial review
up to the discretionary review thresholds established by the Zoning
Ordinance. All other Tier 2 projects will be subject to a discretionary
review process.
• All Tiers – One hundred percent affordable housing projects will
continue to be provided existing incentives, including: building
height not to exceed the allowable maximum height limit at the
highest tier, inclusive of any development bonus for affordable
housing; reduced parking requirements; flexibility in providing a
reduction in required ground floor pedestrian-oriented uses, which
may also include community services, arts, and similar uses, as
applicable; and administrative review of affordable housing projects
(up to a maximum of 80% of median income only) with 50 units or
less.
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Chapter 2.1,
Land Use
Policy and
Designations,
pp. 2.1-37-39
Introduction to the LUCE Land Use Designations
B. Boulevards
6. Mixed-Use Boulevard, Development Parameters
Projects with 100% Residential Above the Ground Floor
• Tier 2 – Above Base -With Community Benefits —
• Subject to a discretionary review process, projects Projects that
provide community benefits may request a height up to 50 feet
and 2.25 FAR. One hundred percent affordable housing
projects will be subject to ministerial review. Housing projects
that meet the definition of “housing development project” under
the Housing Accountability Act and that, consistent with the
Housing Accountability Act, comply with all applicable, objective
general plan, zoning, and subdivision standards and criteria,
including design review standards, in effect at the time that the
project application is deemed complete will be subject to
ministerial review up to the discretionary review thresholds
established by the Zoning Ordinance. All other Tier 2 projects
are subject to a discretionary review process.
• Within the Downtown Community Plan area on the east side of
Lincoln Boulevard, subject to a discretionary review process,
projects that provide community benefits may request a height
up to 50 feet and 2.25 FAR. One hundred percent affordable
housing projects will be subject to ministerial review. Housing
projects that meet the definition of “housing development
project” under the Housing Accountability Act and that,
consistent with the Housing Accountability Act, comply with all
applicable, objective general plan, zoning, and subdivision
standards and criteria, including design review standards, in
effect at the time that the project application is deemed
complete will be subject to administrative review up to the
discretionary review thresholds established by the Zoning
Ordinance. All other Tier 2 projects will be subject to a
discretionary review process.
• Within the Downtown Community Plan area on the west side of
Lincoln Boulevard, subject to a discretionary review process,
projects that provide community benefits may request a height
up to 60 feet and 2.75 FAR. One hundred percent affordable
housing projects will be subject to ministerial review. Housing
projects that meet the definition of “housing development
project” under the Housing Accountability Act and that,
consistent with the Housing Accountability Act, comply with all
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applicable, objective general plan, zoning, and subdivision
standards and criteria, including design review standards, in
effect at the time that the project application is deemed
complete will be subject to ministerial review up to the
discretionary review thresholds established by the Zoning
Ordinance. All other Tier 2 projects will be subject to a
discretionary review process.
• Within the Downtown Community Plan area on Wilshire
Boulevard west of Lincoln Boulevard, subject to a discretionary
review process, projects that provide community benefits may
request a height up to 50 feet and 2.25 FAR. One hundred
percent affordable housing projects will be subject to ministerial
review. Housing projects that meet the definition of “housing
development project” under the Housing Accountability Act and
that, consistent with the Housing Accountability Act, comply with
all applicable, objective general plan, zoning, and subdivision
standards and criteria, including design review standards, in
effect at the time that the project application is deemed
complete will be subject to ministerial review up to the
discretionary review thresholds established in the Zoning
Ordinance. All other Tier 2 projects will be subject to a
discretionary review process.
• Within the Downtown Community Plan area on the east and
west sides of Lincoln Boulevard, 100% affordable housing
projects may request an additional ten feet of building height
and 0.5 FAR above Tier 2 standards.
All Other Projects
• Tier 2 – Above Base -With Community Benefits —
• Subject to a discretionary review process, projects Projects that
provide community benefits may request a height up to 45 feet
and 2.25 FAR. One hundred percent affordable housing
projects will be subject to ministerial review. Housing projects
that meet the definition of “housing development project” under
the Housing Accountability Act and that, consistent with the
Housing Accountability Act, comply with all applicable, objective
general plan, zoning, and subdivision standards and criteria,
including design review standards, in effect at the time that the
project application is deemed complete will be subject to
ministerial review up to the discretionary review thresholds
established by the Zoning Ordinance. All other Tier 2 projects
will be subject to a discretionary review process.
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• Within the Downtown Community Plan area on the east side of
Lincoln Boulevard, subject to a discretionary review process, as
required by the Downtown Community Plan, projects that
provide community benefits may request a height up to 40 feet
and 1.75 FAR. One hundred percent affordable housing
projects will be subject to ministerial review. Housing projects
that meet the definition of “housing development project” under
the Housing Accountability Act and that, consistent with the
Housing Accountability Act, comply with all applicable, objective
general plan, zoning, and subdivision standards and criteria,
including design review standards, in effect at the time that the
project application is deemed complete will be subject to
ministerial review up to the discretionary review thresholds
established by the Zoning Ordinance. All other Tier 2 projects
will be subject to a discretionary review process.
• Within the Downtown Community Plan area on the west side of
Lincoln Boulevard and on Wilshire Boulevard west of Lincoln
Boulevard, subject to a discretionary review process or
development agreement, as required by the Downtown
Community Plan, projects that provide community benefits may
request a height up to 50 feet and 2.25 FAR. One hundred
percent affordable housing projects will be subject to ministerial
review. Housing projects that meet the definition of “housing
development project” under the Housing Accountability Act and
that, consistent with the Housing Accountability Act, comply with
all applicable, objective general plan, zoning, and subdivision
standards and criteria, including design review standards, in
effect at the time that the project application is deemed
complete will be subject to ministerial review up to the
discretionary review thresholds established by the Zoning
Ordinance. All other Tier 2 projects will be subject to a
discretionary review process.
• Within the Downtown Community Plan area on Wilshire
Boulevard west of Lincoln Boulevard, subject to a discretionary
review process, projects that provide community benefits may
request a height up to 40 feet and 1.75 FAR. One hundred
percent affordable housing projects will be subject to ministerial
review. Housing projects that meet the definition of “housing
development project” under the Housing Accountability Act and
that, consistent with the Housing Accountability Act, comply with
all applicable, objective general plan, zoning, and subdivision
standards and criteria, including design review standards, in
effect at the time that the project application is deemed
complete will be subject to ministerial review up to the
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discretionary review thresholds established in the Zoning
Ordinance. All other Tier 2 projects will be subject to a
discretionary review process.
• All Tiers – One hundred percent affordable housing projects will
continue to be provided existing incentives, including: building
height not to exceed the allowable maximum height limit at the
highest tier, inclusive of any development bonus for affordable
housing; reduced parking requirements; flexibility in providing a
reduction in required ground floor pedestrian-oriented uses, which
may also include community services, arts, and similar uses, as
applicable; and administrative review of affordable housing projects
(up to a maximum of 80% of median income only) with 50 units or
less.
Chapter 2.1,
Land Use
Policy and
Designations,
p. 2.1-41-42
Introduction to the LUCE Land Use Designations
B. Boulevards
7. General Commercial, Development Parameters
Santa Monica Boulevard
• Tier 2 – Above Base -With Community Benefits — Subject to a
discretionary review process, projects Projects that provide
community benefits may request a height up to 35 feet and 1.5
FAR. One hundred percent affordable housing projects will be
subject to ministerial review. Housing projects that meet the
definition of “housing development project” under the Housing
Accountability Act and that, consistent with the Housing
Accountability Act, comply with all applicable, objective general
plan, zoning, and subdivision standards and criteria, including
design review standards, in effect at the time that the project
application is deemed complete will be subject to ministerial review
up to the discretionary review thresholds established by the Zoning
Ordinance. All other Tier 2 projects will be subject to a discretionary
review process.
Lincoln and Pico Boulevards
• Tier 2 – Above Base -With Community Benefits — Subject to a
discretionary review process, projects Projects that provide
community benefits may request additional FAR up to 1.75. One
hundred percent affordable housing projects will be subject to
ministerial review. Housing projects that meet the definition of
“housing development project” under the Housing Accountability
Act and that, consistent with the Housing Accountability Act, comply
with all applicable, objective general plan, zoning, and subdivision
standards and criteria, including design review standards, in effect
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at the time that the project application is deemed complete will be
subject to ministerial review up to the discretionary review
thresholds established by the Zoning Ordinance. All other Tier 2
projects will be subject to a discretionary review process.
• All Tiers – One hundred percent affordable housing projects will
continue to be provided existing incentives, including: building
height not to exceed the allowable maximum height limit at the
highest tier, inclusive of any development bonus for affordable
housing; reduced parking requirements; flexibility in providing a
reduction in required ground floor pedestrian-oriented uses, which
may also include community services, arts, and similar uses, as
applicable; and administrative review of affordable housing projects
(up to a maximum of 80% of median income only) with 50 units or
less.
Chapter 2.1,
Land Use
Policy and
Designations,
p. 2.1-44
Introduction to the LUCE Land Use Designations
B. Mixed-Use Centers
8. Neighborhood Commercial, Development Parameters
• All Tiers – One hundred percent affordable housing projects will
continue to be provided existing incentives, including: building
height not to exceed the allowable maximum height limit at the
highest tier, inclusive of any development bonus for affordable
housing; reduced parking requirements; flexibility in providing a
reduction in required ground floor pedestrian-oriented uses, which
may also include community services, arts, and similar uses, as
applicable; and administrative review of affordable housing projects
(up to a maximum of 80% of median income only) with 50 units or
less.
Pico Boulevard
• One hundred percent affordable housing projects will continue to
be provided existing incentives, including: building height not to
exceed the allowable maximum height limit at the highest tier,
inclusive of any development bonus for affordable housing;
reduced parking requirements; flexibility in providing a reduction in
required ground floor pedestrian-oriented uses, which may also
include community services, arts, and similar uses, as applicable;
and administrative review of affordable housing projects (up to a
maximum of 80% of median income only) with 50 units or less.
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Chapter 2.1,
Land Use
Policy and
Designations,
p. 2.1-46, 47
Introduction to the LUCE Land Use Designations
C. Mixed-Use Centers
9. Bergamot Transit Village, Development Parameters
• Tier 2 – Above Base -With Community Benefits — Subject to a
discretionary review process, projects Projects that provide
community benefits may request a height up to 60 feet and 3.0
FAR. One hundred percent affordable housing projects will be
subject to ministerial review. Housing projects that meet the
definition of “housing development project” under the Housing
Accountability Act and that, consistent with the Housing
Accountability Act, comply with all applicable, objective general
plan, zoning, and subdivision standards and criteria, including
design review standards, in effect at the time that the project
application is deemed complete will be subject to ministerial review
up to the discretionary review thresholds established by the Zoning
Ordinance. All other Tier 2 projects will be subject to a discretionary
review process.
• All Tiers – One hundred percent affordable housing projects will
continue to be provided existing incentives, including: building
height not to exceed the allowable maximum height limit at the
highest tier, inclusive of any development bonus for affordable
housing; reduced parking requirements; flexibility in providing a
reduction in required ground floor pedestrian-oriented uses, which
may also include community services, arts, and similar uses, as
applicable; and administrative review of affordable housing projects
(up to a maximum of 80% of median income only) with 50 units or
less.
Chapter 2.1,
Land Use
Policy and
Designations,
p. 2.1-49
Introduction to the LUCE Land Use Designations
C. Mixed-Use Centers
10. Mixed-Use Creative, Development Parameters
• Tier 2 – Above Base -With Community Benefits — Subject to a
discretionary review process, projects Projects that provide
community benefits may request a height up to 47 feet and 2.0
FAR. One hundred percent affordable housing projects will be
subject to ministerial review. Housing projects that meet the
definition of “housing development project” under the Housing
Accountability Act and that, consistent with the Housing
Accountability Act, comply with all applicable, objective general
plan, zoning, and subdivision standards and criteria, including
design review standards, in effect at the time that the project
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application is deemed complete will be subject to ministerial review
up to the discretionary review thresholds established by the Zoning
Ordinance. All other Tier 2 projects will be subject to a discretionary
review process.
• All Tiers – One hundred percent affordable housing projects will
continue to be provided existing incentives, including: building
height not to exceed the allowable maximum height limit at the
highest tier, inclusive of any development bonus for affordable
housing; reduced parking requirements; flexibility in providing a
reduction in required ground floor pedestrian-oriented uses, which
may also include community services, arts, and similar uses, as
applicable; and administrative review of affordable housing projects
(up to a maximum of 80% of median income only) with 50 units or
less.
Chapter 2.1,
Land Use
Policy and
Designations,
p. 2.1-53
Introduction to the LUCE Land Use Designations
C. Mixed Use Centers
12. Beach and Oceanfront, Development Parameters
• Tier 2 – Above Base -With Community Benefits — Subject to a
discretionary review process, projects Projects that provide
community benefits may request a height up to 47 feet and 2.0
FAR. One hundred percent affordable housing projects will be
subject to ministerial review. Housing projects that meet the
definition of “housing development project” under the Housing
Accountability Act and that, consistent with the Housing
Accountability Act, comply with all applicable, objective general
plan, zoning, and subdivision standards and criteria, including
design review standards, in effect at the time that the project
application is deemed complete will be subject to ministerial review
up to the discretionary review thresholds established by the Zoning
Ordinance. All other Tier 2 projects will be subject to a discretionary
review process.
• All Tiers – One hundred percent affordable housing projects will
continue to be provided existing incentives, including: building
height not to exceed the allowable maximum height limit at the
highest tier, inclusive of any development bonus for affordable
housing; reduced parking requirements; flexibility in providing a
reduction in required ground floor pedestrian-oriented uses, which
may also include community services, arts, and similar uses, as
applicable; and administrative review of affordable housing
projects (up to a maximum of 80% of median income only) with 50
units or less.
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Chapter 2.7,
Managing
Change, p.
2.7-4
Five Innovative Controls Incorporated Into the LUCE
Type of Uses
Community-Serving Benefits
• Except as otherwise provided, buildings Buildings over the base
height of 32–35 feet will be reviewed through a public process to
ensure that incentives for additional height result in community
benefits such as affordable and workforce housing opportunities,
child care, cultural and open space and sensitive historic
preservation or adaptive reuse
Chapter 2.7,
Managing
Change, p.
2.7-6
Amount of Change
Reduction in the Maximum Base Height
The LUCE modifies the maximum ministerial base height for new
development on the boulevards and in the districts to 32 feet.
Chapter 3.2,
Community
Benefits, p.
3.2-4
The Community Identifies Core Values for Community Benefits
Five Priority Categories of Community Benefits:
The community identified the following five priority categories of
community benefits:
1. New and Affordable Workforce Housing
For all projects in which a developer seeks to develop a project that is
greater in height than the base height of 32 feet, affordable housing or a
contribution to the affordable housing fund shall be required. The objective
is to incentivize housing along the City’s commercial corridors where there
is transit, local-serving retail and an enhanced pedestrian environment,
facilitating a complete neighborhood for a range of socioeconomic levels.
While affordable housing is identified as a primary community benefit, the
provision of a significantly higher percentage of workforce housing units is
also a community benefit.
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Chapter 3.2,
Community
Benefits, p.
3.2-4
How the LUCE Achieves Community Benefits
• In addition to articulating the community’s long-term vision, the
LUCE establishes broad goals and policies that set the framework
for community benefits. In each land use designation, the Plan sets
a base height and allowable development intensity which permits
quality lower-scale, generally ministerial development. Using the
citywide vision for urban form, the Plan then sets a maximum height
and intensity, even with provision of community benefits, along with
sensitive transitions to homes and neighborhoods. The specific
standards and procedures for providing community benefits will be
incorporated into the revised Zoning Ordinance using the LUCE
concepts.
The LUCE land use policy establishes a baseline building height for
nonresidential land use designations. Any proposed development
that seeks to build above the base height in these nonresidential
areas of the City, except for 100 percent affordable housing projects
and housing projects that meet the definition of “housing
development project” under the Housing Accountability Act and
that, consistent with the Housing Accountability Act, comply with all
applicable, objective general plan, zoning, and subdivision
standards and criteria, including design review standards, in effect
at the time that the project application is deemed complete will be
subject to a public review process and additional requirements
consistent with the community’s broader social and environmental
goals.
Chapter 3.2,
Community
Benefits, p.
3.2-5-6
The Community Shapes the Future: A Three-Tiered Approach
The Plan defines a comprehensive program that incentivizes new
development above an 32-foot established base height. A three-tiered
approach, based on increments of height and floor area, defines additional
requirements consistent with the community’s broader social and
environmental goals. While the specifics for each boulevard and district
are provided within each zoning designation, a general explanation of how
the process will work for any project is provided here.
Tier 1 – Base Height
• The LUCE establishes a base of up to 32 feet (2 stories). A project
will receive a height bonus above the base height, allowing for an
additional floor of housing, by providing the required affordable
units on-site, or within close proximity along the boulevard, in
accordance with the percentage requirements specified in the
City’s Affordable Housing Production Program. While the 32-foot
base accommodates 2 stories, the height available with this
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incentive allows 3 stories. A Tier 1 project is ministerial up to the
discretionary review threshold established by the Zoning
Ordinance. Even these ministerial projects may be subject to
discretionary review such as use permits, architectural review,
historic resource review, etc.
Tier 2 – Height Above Base Height
•By maintaining discretionary control for a most projects over the
ministerial base height, the City is better positioned to ensure
compliance with LUCE principles. The process will differ slightly
depending on the type of land use and the specific project as
described below.
•Commercial Projects: Unless a developer seeks a Development
Agreement, a discretionary process will apply to all commercial
projects and mixed-use projects.
•Residential Projects: Except for deed-restricted 100 percent
affordable housing projects Housing projects and mixed-use
housing projects shall be processed through a Development
Agreement or a discretionary review process, except that deed-
restricted 100 percent affordable housing projects and housing
projects that meet the definition of “housing development project”
under the Housing Accountability Act and that, consistent with the
Housing Accountability Act, comply with all applicable, objective
general plan, zoning, and subdivision standards and criteria,
including design review standards, in effect at the time that the
project application is deemed complete shall be subject to
ministerial review.
One Hundred Percent Affordable Housing Projects
•One hundred percent affordable housing projects (up to a maximum
of 80% of median income only) of 50 or fewer units will be subject
to ministerial review processed ministerially.
Chapter 3.3,
Housing, p.
3.3-2
The LUCE Housing Policy
The overarching coal of the LUCE housing policy is to create significant
new additional affordable housing opportunities where few or none
currently exist. These new housing opportunities are to be associated with
transit in a manner that enhances sustainability, creates complete
neighborhoods and provides ease access to local services. The Plan
accomplishes this challenge in a variety of innovative ways, adding to the
City’s substantial Housing Element goals to maintain and produce a wide
range of housing types and affordability by:
. . .
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• Establishing a maximum ministerial base building height of up to 32
feet and requiring that projects over the base incorporate
community benefits, with affordable housing identified as a primary
community benefit.
Chapter 3.3,
Housing, p.
3.3-4
LUCE Strategies to Implement the Vision
One of the most important accomplishments of the LUCE is to strategically
locate housing in areas that are associated with transit and currently
provide for commercial or industrial uses. The LUCE shifts the City’s land
use policy from the strong commercial emphasis of the 1894 General Plan
to a balanced policy of incentives for the construction of significant
additional housing units, particularly affordable and workforce housing, to
accompany new investment. The following strategies will guide the City in
its efforts to successfully create new neighborhoods while conserving
existing neighborhoods.
Aggressively Create New Affordable Housing
Affordable housing creation, the primary emphasis of the 2008-2014
Housing Element, will continue to be the City’s first housing priority and
should not be supplanted by other housing efforts. Affordable housing will
be the focus of any direct City subsidies.
The LUCE builds on these City policies by identifying clear incentives to
create additional affordable and workforce housing in conjunction with new
development. Such incentives will be targeted to specific transit accessible
locations on the boulevards and in the districts as a strategy for change in
those areas. This approach requires that any project above the
established base height must be accompanied by community benefits,
particularly affordable housing. These incentives are progressive in nature
and are described below:
. . .
• One hundred percent affordable housing projects will continue to
be provided existing incentives, including: up to a 50% density
bonus in residential designations, inclusive of the State density
bonus requirement; building height in non-residential designations
not to exceed the allowable maximum height limit at the highest tier,
or 40 feet where applicable; reduced parking requirements;
flexibility in providing a reduction in required ground floor
pedestrian-oriented uses; and administrative review of affordable
housing projects (up to a maximum of 80% of median income only)
with 50 units or less. One hundred percent affordable housing
projects are defined as housing in which one hundred percent of
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the dwelling units are deed-restricted or restricted by an agreement
approved by the City for occupancy by low or moderate income
households. Such projects may also include non-residential uses,
as long as such uses do not exceed a maximum percentage of the
floor area of the total project to be established in the Zoning
Ordinance.
Chapter 5.0,
Measuring
Progress:
Implementing
the Plan, p.
5.0-13
Objective Standards and Criteria
•By stating the goals and policies for each land use designation and
each neighborhood, boulevard, district, and activity center, the
LUCE creates certainty for residents and developers and
establishes how development projects can positively affect the
character, form, and quality of the City.
Objective standards and criteria rooted in community priorities and
measures to mitigate the impacts of new development will be the
method by which all administrative projects will be reviewed.
Review of discretionary projects that involve new construction will
be guided by a new incentive system that places significant
emphasis on inclusion of affordable housing and other community
benefits with the objective that new development should contribute
to the city’s physical, environmental, and cultural goals. Types of
review for new projects are described below and include:
•Ministerial review for projects that fall within established base
height and FAR limits
•Planning Commission and/or City Council review for projects
that exceed thresholds established in the Zoning Ordinance
base height and FARs
•Development Agreements
Maximum Ministerial Base Height and FAR and Provisions for Increases
when Projects Offer Community Benefits
•The LUCE establishes a maximum ministerial base height and FAR
of 25–35 feet. As an incentive, additional height and FAR above the
base may be granted, subject to a discretionary review process, if
it meets community benefit criteria. A Development Agreement may
be required for these increases in height and FAR.
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Adopted and approved this 10th day of March 2020.
_____________________________
Kevin McKeown, Mayor
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby
certify that Resolution No. 11237 (CCS) was duly adopted at a meeting of the
Santa Monica City Council held on the 10th day of March 2020, by the following
vote:
AYES: Councilmembers Davis, Himmelrich, Jara, Morena, Winterer,
Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
ATTEST:
________________________________
Denise Anderson-Warren, City Clerk
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