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City Council Meeting: March 22, 2022 Santa Monica, California
RESOLUTION NUMBER 11410 (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING THE LAND USE AND CIRCULATION
ELEMENT (LUCE) OF THE CITY OF SANTA MONICA’S GENERAL
PLAN AND REPEALING THE HOSPITAL AREA SPECIFIC PLAN (HASP)
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, State of
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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
Original Phase II Vesting Deadline in consideration for the provision of additional
community benefits (the “Third Amendment”); and
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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 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
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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
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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
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SECTION 1. The above recitals are true and correct, and incorporated herein by
this reference.
SECTION 2. The City Council does hereby approve the proposed amendments
to the 2010 LUCE, as set forth in Exhibit A, which is attached hereto and incorporated
herein by this reference; provided that such amendments will only become effective
concurrently with the Third Amendment Effective Date.
SECTION 3. The City Council does hereby repeal the HASP in order to be
consistent with the amendments to the 2010 LUCE, as included herein; provided that
such repeal will only become effective concurrently with the Third Amendment Effective
Date.
SECTION 4. 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:
JOSEPH LAWRENCE
Interim City Attorney
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EXHIBIT A
PROPOSED AMENDMENTS TO THE LUCE
[BEHIND THIS PAGE]
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DocuSign Envelope ID: DEABEC49-9C9C-4834-A66A-D75B3B957E07
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DocuSign Envelope ID: DEABEC49-9C9C-4834-A66A-D75B3B957E07
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DocuSign Envelope ID: DEABEC49-9C9C-4834-A66A-D75B3B957E07
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DocuSign Envelope ID: DEABEC49-9C9C-4834-A66A-D75B3B957E07
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DocuSign Envelope ID: DEABEC49-9C9C-4834-A66A-D75B3B957E07
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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. 11410 (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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