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City Council Meeting: March 22, 2022 Santa Monica, California
RESOLUTION NUMBER 11412 (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF 21ST
STREET BETWEEN SANTA MONICA BOULEVARD AND BROADWAY, IN THE CITY
OF SANTA MONICA, CALIFORNIA
WHEREAS, California Government Code Section 65450 et seq. permits each city
to adopt a specific plan for the systematic implementation of the general plan for
individual areas covered by the general plan; and
WHEREAS, the Hospital Area Specific Plan (the “HASP”) was adopted by
Resolution No. 7695 (CCS) of the City Council on September 27, 1988 to ensure
harmonious development within the Hospital Area identified in the HASP; and
WHEREAS, the HASP was adopted to be consistent with the Land Use and
Circulation Elements (the “LUCE”) of the City’s 1984 General Plan and Zoning Map in
effect at the time of adoption of the HASP; and
WHEREAS, the HASP was amended by Resolution No. 8617 (CCS) on June
29, 1993, and Resolution No. 9254 (CCS) on April 1, 1998 (collectively referenced
herein as the “HASP Amendments”) to reflect the changes associated with the Saint
John’s Health Center Development Agreement (the “Original Agreement”), dated
June 9, 1998 and recorded in the Official Records of the County of Los Angeles,
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State of California on July 29, 1998 as Instrument No. 98-1311808 (the “Original
Development Agreement”); and
WHEREAS, the Original Development Agreement contemplated new
development and associated zoning changes within the HASP areas associated with
Saint John’s Health Center; and
WHEREAS, in July 2010, the City adopted a new LUCE (“2010 LUCE”) and
associated zoning changes Citywide, including the Hospital Area; and
WHEREAS, the 2010 LUCE contemplates that future amendments to the
HASP will occur to be consistent with 2010 LUCE and associated zoning code
updates, as well as new development proposed by the Saint John’s Health Center;
and
WHEREAS, the Original Development Agreement provided vested rights for
development of the Saint John’s Health Center in two phases (“Phase I” and “Phase
II”, respectively), with Phase I being developed entirely on the North Campus of the
Saint John’s Health Center properties (i.e., those properties north of Santa Monica
Boulevard) and Phase II being developed on a portion of the North Campus and on
the South Campus (i.e., those properties south of Santa Monica Boulevard) of the
Saint John’s Health Center properties; and
WHEREAS, the Original Development Agreement provided a ten (10)-year
vesting deadline for Phase I (“Phase I Vesting Deadline”) and a seventeen (17)-year
vesting deadline for Phase II (“Original Phase II Vesting Deadline”), subject to the
provisions for the continuation of vested rights pursuant to Sections 3.8.2 and 3.8.3 of
the Original Development Agreement; and
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WHEREAS, the owner of Saint John’s Health Center (“Saint John’s”) and City
executed that certain First Amendment to Development Agreement dated October 4,
2011 and recorded in the Official Records of the County of Los Angeles, State of
California on October 13, 2011 as Instrument No. 20111388841 (the “First
Amendment”). The First Amendment extended the Phase I Vesting Deadline,
modified the obligation under the Original Development Agreement to construct the
North Subterranean Parking Structure and Entry Plaza as part of Phase I, and
allowed a modified Entry Plaza and parking program in-lieu of constructing the North
Subterranean Parking Structure; and
WHEREAS, Saint John’s completed construction of Phase I in accordance with
the Original Development Agreement and First Amendment; however, Saint John’s was
unable to complete Phase II within the Original Phase II Vesting Deadline; and
WHEREAS, Saint John’s and the City executed that certain Second Amendment
to Development Agreement dated August 28, 2017 and recorded in the Official Records
of the County of Los Angeles, State of California on October 2, 2017 as Instrument No.
20171125181 (“Second Amendment”). The Second Amendment modified the terms of
the Original Development Agreement, as amended by the First Amendment, with
respect to Phase II as follows:
(1) Replacement of the Original Development Agreement’s
requirement for City Council approval of a South Campus Master Plan with a
requirement for City Council approval of the Phase II Master Plan to address Phase II
development on both the North and South Campuses (“Phase II Master Plan”).
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(2) Establishment of the basic development parameters for the Phase
II Master Plan.
(3) Provision that no Phase II Development Review Permits shall be
issued for the development of any building or parcel contemplated in the Phase II
Master Plan prior to City Council approval of the Phase II Master Plan.
(4) Provision that Saint John’s and the City each agree and covenant
to negotiate in good faith a third amendment to the Original Development Agreement,
as amended, to extend the Original Phase II Vesting Deadline in consideration for the
provision of additional community benefits.
(5) Confirmation that nothing in the Second Amendment constituted a
confirmation or denial of Saint John’s vested rights under the Original Development
Agreement, as modified by the First Amendment, it being understood and agreed to by
the City and Saint John’s that the intent of the Second Amendment was solely to make
a procedural change to implement the Original Development Agreement, as modified by
the First Amendment, while preserving the substantive rights of Saint John’s and the
City, respectively; and
WHEREAS, the comprehensive changes to the City’s Zoning Code in 2015
rendered the zoning map designations and zoning code references in the HASP
obsolete; and
WHEREAS, the Saint John’s and the City have negotiated in good faith a third
amendment to the Original Development Agreement, as amended, to extend the
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Original Phase II Vesting Deadline in consideration for the provision of additional
community benefits (the “Third Amendment”); and
WHEREAS, the Third Amendment contemplates the concurrent adoption of the
Phase II Master Plan, which will act as the specific plan for Phase II development of the
Saint John’s Health Center after the Third Amendment Effective Date and until the end
of the Phase II Vesting Deadline; and
WHEREAS, the Phase II Master Plan is a comprehensive master plan that
governs the Phase II portion of the Saint John’s Health Center Campus, including with
respect to development, uses, circulation, parking, open space, and timing for
implementation of the Phase II Master Plan; and
WHEREAS, after the Phase II Vesting Deadline, the Zoning Code then in effect
shall apply to any development applications filed for the Saint John’s Health Center,
except as otherwise expressly allowed in the Third Amendment; and
WHEREAS, due to the fact that the HASP is now obsolete, the Phase II Master
Plan is a focused specific plan for the Saint John’s Health Center, and the development
standards for the remainder of the Hospital Area are now included in Chapter 9 of the
Santa Monica Municipal Code, City staff is recommending amendments to the 2010
LUCE and repeal of the HASP; and
WHEREAS, the proposed Phase II Master Plan conforms to the requirements of
Government Code sections 65450 et seq. as well as the requirements of Chapter 9.45
of the Santa Monica Municipal Code (General and Specific Plans); and
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WHEREAS, the City prepared and circulated for public review and comment a
Draft Environmental Impact Report for the Phase II Master Plan (“Phase II DEIR”)
pursuant to the California Environmental Quality Act (“CEQA”) and designated SCH No.
2017041030; and
WHEREAS, on January 26, 2022, the City’s Planning Commission held a duly
noticed public hearing on the Phase II Final Environmental Impact Report (“FEIR”), the
Tentative Tract Map, the 2022 LUCE Amendment, the repeal of the HASP, the Third
Amendment, the Phase II Master Plan, and the proposed street vacation of 21st Street,
between Santa Monica Boulevard and Broadway, with conditions. At such hearing, the
Planning Commission recommended that the City Council certify the Phase II FEIR and
approve the 2022 LUCE Amendment, the repeal of the HASP, the Third Amendment
with specified conditions, the Phase II Master Plan, the Tentative Tract Map, and the
proposed conditional street vacation of 21st Street, between Santa Monica Boulevard
and Broadway, with conditions; and
WHEREAS, on March 22, 2022, the City Council held a duly noticed public
hearing on the Phase II FEIR, the Tentative Tract Map, the 2022 LUCE Amendment,
the repeal of the HASP, the Third Amendment, the Phase II Master Plan, and the
proposed street vacation of 21st Street, between Santa Monica Boulevard and
Broadway, with conditions, and certified the FEIR and adopted a Statement of
Overriding Considerations and Mitigation and Monitoring Plan; adopted the 2022 LUCE
Amendment and repealed the HASP; approved the Third Amendment; and approved
the initiation of proceedings for the street vacation of 21st Street, between Santa Monica
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Boulevard and Broadway, with conditions; approved the Phase II Master Plan; and
approved the Tentative Tract Map; and
WHEREAS, the proposed amendments to the LUCE and repeal of the HASP
should only be effective concurrently with the “Third Amendment Effective Date,” as
such term is defined in the Third Amendment; and
WHEREAS, the Phase II Master Plan should only be effective concurrently with
the “Third Amendment Effective Date,” as such term is defined in the Third Amendment;
and
WHEREAS, the proposed Third Amendment conforms to the requirements of
Government Code sections 65450 et seq. as well as the requirement of Chapter 9.60 of
the Santa Monica Municipal Code (Development Agreements); and
WHEREAS, the Phase II Master Plan contemplates a partial vacation of 21st
Street, between Santa Monica Boulevard and Broadway, with conditions; and
WHEREAS, the proposed street vacation area is as shown in Exhibit A, which is
attached hereto and incorporated herein by this reference; and
WHEREAS, the proposed street vacation will provide the opportunity for a
pedestrian-oriented, publicly-accessible plaza as part of the Phase II Master Plan for the
South Campus.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
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SECTION 1. The City Council of the City of Santa Monica hereby declares its
intention to order the vacation of that portion of 21st Street, between Santa Monica
Boulevard and Broadway, as shown in the Exhibit A, which is attached hereto and
incorporated herein by this reference.
SECTION 2. The City Council of the City of Santa Monica, in vacating the above-
mentioned portion of 21st Street, elects to proceed under and in accordance with the
provisions of Streets and Highways Code Section 8300 et seq. In accordance with
Streets & Highways Code Section 8324, subd. (b), the City Council may require that the
vacation shall only occur after conditions imposed by the City Council have been
satisfied and may instruct the City Clerk that any resolution of vacation adopted by the
City Council not be recorded until such conditions have been satisfied.
SECTION 3. In consideration of the vacation of this street, the applicant will
relocate any sewer line, water line, and other utilities that may require relocation per
City requirements, and provide any necessary utility easements to City and other utility
providers. These costs will be borne by the applicant in addition to any connection fees.
SECTION 4. The City Clerk is hereby directed to publish this Resolution in the
Santa Monica Daily Press on two successive dates, the first publication is to be made
not less than fifteen days prior to the date of the public hearing.
SECTION 5. The hour of 6:30 p.m. of the 26th day of April 2022, in the City of
Santa Monica, California, be and the same hereby is fixed as the time and place when
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and where all persons interested in or objecting to the proposed vacation may appear
before the City Council and offer evidence in relation thereto.
SECTION 6. The City Engineer of the City of Santa Monica hereby is directed to
cause Notices of Street Vacation to be posted as required by Street and Highways
Code Section 8323.
SECTION 7. The City Clerk shall certify the adoption of this Resolution, and
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
JOSEPH LAWRENCE
Interim City Attorney
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Exhibit “A”
Diagram of Proposed Street Vacation Area on 21st Street, between Santa Monica
Boulevard and Broadway
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Adopted and approved this 22nd day of March 2022.
Sue Himmelrich, Mayor
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do
hereby certify that Resolution No. 11412 (CCS) was duly adopted at a meeting of
the Santa Monica City Council held on the 22nd day of March 2022, by the following
vote:
AYES: Councilmembers Brock, Davis, De la Torre, Parra,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: Councilmember Negrete
ATTEST:
Nikima Newsome, Assistant City Clerk
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