R112381
City Council Meeting: March 10, 2020 Santa Monica, California
RESOLUTION NUMBER 11238 (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA AMENDING THE BERGAMOT AREA
PLAN 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
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
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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
community’s broader social, environmental, and circulation goals – an approach defined
in three tiers; and
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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, on September 11, 2013, the City Council adopted the Bergamot Area
Plan (“BAP”), which provides policies and standards to transition 142.5 acres of former
industrial lands into an arts-focused, transit-oriented, mixed use pedestrian-oriented
neighborhood anchored by the Bergamot Exposition Light Rail Station; and
WHEREAS, the BAP envisions creating the City’s most sustainable
neighborhood—one that both conserves the authentic, industrial character that has
fostered a creative community in the area and removes barriers to housing, local
restaurants and services to take full advantage of the arrival of the Exposition Light Rail;
and
WHEREAS, the BAP encourages and creates opportunities to develop appropriate
housing for all members of the community, with a target of at least 30% of housing
affordable to people earning between 30% and 180% of the area median income; and
WHEREAS, the BAP sets forth certain thresholds for processing development
projects, including housing projects, in the plan area; 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
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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
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
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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 BAP.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
SECTION 1. Amendments to the Bergamot Area Plan. Pursuant to Santa
Monica Municipal Code Section 9.45.080 and 9.45.130, the City Council does hereby
amend the Bergamot Area Plan as set forth in Exhibit A, attached to this Resolution and
incorporated herein by reference. In adopting these amendments, the City Council hereby
finds and declares that, based on the oral and written testimony presented to the City
Council at the public hearing on March 10, 2020:
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The proposed amendments to the text of the Bergamot Area Plan are consistent
with the General Plan in that amendments implement LUCE policies to support
one hundred percent affordable housing through incentives for process and
development potential. Specifically, Policies LU11.3 and LU11.6 seek to provide
incentives for affordable housing with a focus on process streamlining, bonuses
and flexible standards. Further, the proposed amendments also support housing
production through process incentives for projects that comply with the objective
standards in the General Plan and Zoning Ordinance.
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 BERGAMOT AREA PLAN
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.
Development
Standards
and Land
Use
Regulations,
p. 148
As discussed in Chapter 1, Introduction, the LUCE sets out three tiers for
new development in the Bergamot Plan Area. Tier I is baseline, by-right
development up to the discretionary review thresholds established by the
Zoning Ordinance. Tier II and Tier III projects are allowed additional
intensity and height if the associated development provides community
benefits. Tier II projects shall be processed in accordance with the review
thresholds established by the Zoning Ordinance.
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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. 11238 (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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