R112391
City Council Meeting: March 10, 2020 Santa Monica, California
RESOLUTION NUMBER 11239 (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA AMENDING THE DOWNTOWN COMMUNITY
PLAN TO INCREASE THRESHOLDS FOR MINISTERIAL REVIEW OF 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 areas, 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 July 25, 2017, the City Council adopted the Downtown Community
Plan (“DCP”) which sets forth the City’s vision of the Downtown as a high quality, mixed-
use district offering opportunities for housing for people across the income spectrum, jobs,
arts and culture, local serving retail and community and visitor gathering places; and
WHEREAS, in the DCP, Downtown housing projects are encouraged to support a
strong and economically diverse residential neighborhood component; and
WHEREAS, the DCP supports that encouragement by differentiating between
housing projects and commercial projects and provides for various incentives for housing
projects, including streamlined processing by allowing for ministerial review of all one
hundred percent affordable housing projects and any other housing project up to 75,000
square feet; 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, 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,
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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
Bergamot Area Plan (“BAP”) and the 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
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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 DCP.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
SECTION 1. Amendments to the Downtown Community Plan. Pursuant to
Santa Monica Municipal Code Section 9.45.080 and 9.45.130, the City Council does
hereby amend the Downtown Community 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:
The proposed amendments to the text of the Downtown Community 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.
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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
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PAGE(S)
PROPOSED AMENDMENTS TO THE DOWNTOWN COMMUNITY
PLAN
Various
Summary of Purpose:
The amendments included herein will remove barriers to building housing
by increasing ministerial process thresholds for housing projects that
meet all objective standards in accordance with the Housing
Accountability Act.
Development
Standards
and Land
Use
Regulations,
p. 28
Section 2A.4, Entitlement and Tier System
The LUCE addresses the Downtown area from a broad policy perspective,
outlining goals and objectives, but defers the specific land-use standards
to the Downtown Community Plan. The DCP implements a modified
version of the LUCE Tiering system, which provides distinct entitlement
processes for projects of certain sizes and/or land uses.
The DCP entitlement system differentiates between housing projects and
commercial projects, and relies upon process thresholds to crate distinct
entitlement pathways for each project type, which are summarized in
Chapter 4, 9.10.050, Application Thresholds Table. Downtown housing
projects are strongly encouraged to support a strong economically diverse
residential neighborhood component to Downtown vitality. These are
consequently provided more generous floor area thresholds than their
commercial counterpart. Housing projects are defined in Chapter 4,
Standards and Regulations, 9.10.050.
• “Base” Projects Typically, developments that conform to Tier 1
standards are referred to as “base” projects. Base projects must
meet minimum project requirements for setbacks, design and open
space, and pay adopted fees for items such as affordable housing,
trip reduction, cultural arts and child-care fees. Projects that provide
the required percentage of Affordable Housing Production Program
(AHPP) on-site are allowed an additional floor of housing for a
maximum of three stories and 39 feet.
1. Housing Projects
Any project up to 75,000 sq. ft. may be processed through
an administrative approval. Any housing project that meets
the definition of “housing development project” under the
Housing Accountability Act and that, consistent with the
Housing Accountability Act, complies with all applicable,
objective general plan, zoning, and subdivision standards
and criteria, including design review standards, in effect at
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PROPOSED AMENDMENTS TO THE DOWNTOWN COMMUNITY
PLAN
the time that the project application is deemed complete,
may be processed through an administrative approval up to
the thresholds established by Section 9.10.050.
2. Commercial Projects
Smaller commercial projects that conform to Tier 1
standards may be processed through an Administrative
Approval.
Chapter 4,
Development
Standards
and
Regulations,
p. 177
9.10.050, Application Thresholds Table
B. Administrative Approval Review Procedures.
1. For projects eligible for an Administrative Approval under Table
9.10.050 and exempt from Development Review Permit
Requirements under 9.10.050(C)(1) or (2), an applicant shall
conduct a community meeting to receive community input on the
proposal, which meeting shall be conducted prior to submitting
an application and with noticing and reporting on the community
meeting as required in guidelines adopted by the Director.
2. Following receipt of a recommendation from the Architectural
Review Board, the Director shall issue a decision on the
Administrative Approval in accordance with SMMC Chapter 9.39.
C. Housing Exemptions. The following types of projects are exempt
from Development Review Permit requirements:
1. 100% Affordable Housing Projects
2. Housing Projects that:
a. 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,;
b. Do not exceed the thresholds for Tier 2 projects
established by Table 9.10.050; and
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PROPOSED AMENDMENTS TO THE DOWNTOWN COMMUNITY
PLAN
c. For projects with rental units, the applicant
agrees, prior to issuance of a building permit, to record a
deed restriction against the property ensuring that:
i. All leases shall be made only to a tenant
who is a natural person, or to tenants who are natural
persons;
ii. All leases shall be made only to a tenant
or tenants who, regardless of the term of occupancy,
intend to make the rental unit the tenants’ domicile as
defined in California Elections Code Section 349(b);
iii. All prospective tenants shall be offered
a written lease which has a minimum term of one (1)
year; and
iv. All units shall be leased as unfurnished
units.
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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. 11239 (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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