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City Council Meeting: July 14, 2022 Santa Monica, California
RESOLUTION NUMBER 11444 (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ADOPTING AN AMENDMENT TO THE 1992 LOCAL COASTAL PROGRAM LAND
USE PLAN PERTAINING TO NEW DEVELOPMENT LOCATED AT
129 SANTA MONICA BOULEVARD, 101 SANTA MONICA BOULEVARD,
1327 OCEAN AVENUE, 1333 OCEAN AVENUE, AND 1337 OCEAN AVENUE, IN THE
CITY OF SANTA MONICA
WHEREAS, the California Coastal Act of 1976 (Public Resources Code sections
30000, et seq.) (the “Coastal Act”) provides that each local government lying, in whole
or part, within the coastal zone shall prepare a local coastal program (LCP) for that
portion of the coastal zone within its jurisdiction; and
WHEREAS, LCPs consist of a Land Use Plan (LUP) and Implementation Plan
(IP); and
WHEREAS, an LCP becomes fully certified only after the California Coastal
Commission certifies conformity of the LUP and IP with the policies of the Coastal Act;
and
WHEREAS, upon certification, the LUP policies will form the standard of review
for issuance of coastal development permits (“CDPs”) within the coastal zone; and
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WHEREAS, upon certification of the IP, the authority to issue CDPs would be
transferred from the Coastal Commission to the City, except within the area of “original
jurisdiction” as set forth in the Coastal Act; and
WHEREAS, the City adopted its current LUP in 1992, however, the Coastal
Commission only certified the City’s 1992 LUP in part, and never certified a City LCP;
and
WHEREAS, because a City LCP has never been certified by the Coastal
Commission, all development proposed in Santa Monica’s Coastal Zone still requires
Coastal Commission approval of a CDP(s) once all City entitlements are obtained; and
WHEREAS, the City obtained a grant from the State of California to update the
City’s LUP for full certification and prepared an updated draft LUP to replace the 1992
LUP (the “Draft LUP”); and
WHEREAS, the Draft LUP describes the planning area’s land use and
environmental conditions, identifies issues, and contains land use policies and maps
that complement adopted City policies and satisfy the intent of the Coastal Act; and
WHEREAS, the Draft LUP includes a new section of policies that will guide
coastal adaptation for anticipated climate change-induced sea level rise that is already
measurable along California’s coast; and
WHEREAS, the Planning Commission held a study session on the Draft LUP on
March 21, 2018, and the Commissioners and public speakers provided comments on a
variety of policy areas; and
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WHEREAS, the Planning Commission held a public hearing on July 18, 2018, to
consider the Draft LUP, and recommended approval of the Draft LUP, as modified by
certain changes attached as an addendum to the Commission’s resolution; and
WHEREAS, the City Council held a public hearing on October 9, 2018, to
consider the Draft LUP, and found that the Draft LUP, as modified by certain changes,
is consistent with the General Plan and Coastal Act policies; and
WHEREAS, the City Council held a public hearing on July 23, 2019, to consider
a modified resolution adopting the Draft LUP confirming that the Local Coastal Program
is intended to be carried out consistent with the California Coastal Act and the process
by which the resolution shall take effect, and adopted such resolution; and
WHEREAS, the Draft LUP has not been certified by the California Coastal
Commission as of this date; and
WHEREAS, pursuant to California Government Code Section 65864, et seq.,
and Chapter 9.60 of the Santa Monica Municipal Code (collectively, the “Development
Agreement Statutes”), the City is authorized to enter into binding development
agreements with persons or entities having a legal or equitable interest in real property
for the development of such real property; and
WHEREAS, BELLE VUE PLAZA, a California limited partnership, and OCEAN
AVENUE PARTNERS, LLC, a Delaware limited liability company (collectively the
“Developer”) are the owners of approximately 82,570 square feet of land located in the
City of Santa Monica, State of California, commonly known as 101 Santa Monica
Boulevard, 1337 Ocean Avenue, 1333 Ocean Avenue, 1327 Ocean Avenue and 129
Santa Monica Boulevard (the “Property”), which is currently improved with: (1) a two-
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story mixed-use commercial/residential structure with a rooftop penthouse apartment
(the “101 Santa Monica Boulevard Building”) and surface parking, (2) a two-story
building that was originally built in 1926, is a City-designated Landmark (LC-04-LM-005)
and is in commercial use (the “Spanish Colonial Revival Landmark”), a detached one-
story rear structure that is in commercial use (the “1337 Ocean Avenue Rear
Structure”), and surface parking, (3) a two-story building that was originally built in 1906,
is a City-designated Landmark (LC-01LM-001) and is in commercial use (the “Queen
Anne Landmark”), a separate two-story rear structure that is in commercial use and is
connected to the 1333 Ocean Avenue Landmark by an unenclosed catwalk and
staircase (the “1333 Ocean Avenue Rear Structure”), and surface parking, (4) a two-
story building that is in commercial use (the “1327 Ocean Avenue Building”) and surface
parking, (5) and approximately 30,000 square feet of land commonly known as 129
Santa Monica Boulevard (the “Second Street Parcel”) that is currently improved with
surface parking; and
WHEREAS, the City has included the Property within the Downtown Core land
use designation under the City’s 2010 Land Use and Circulation Element of its General
Plan (the “LUCE”), and LUCE Policy D1.5 designates the Property as one of seven sites
in the Downtown District to focus new investment given its accessibility to transit and
ability to accommodate mixed-use development, contribute to the pedestrian-oriented
environment, and support substantial community benefits; and
WHEREAS, the LUCE did not establish maximum building height limits, floor
area ratios (“FAR”), or other specific development standards (e.g., setbacks and step
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backs) for new buildings within the Downtown Core designation; instead, the LUCE
deferred such standards to a future Downtown specific plan; and
WHEREAS, on February 28, 2013, Developer filed an application for a
Development Agreement, pursuant to Santa Monica Municipal Code (“SMMC”) Section
9.60.020 (the “Development Application”), which was designated by the City as
Application No. 13DEV- 004 and which proposes a mixed-use project with a hotel,
residences, a cultural uses campus, ground floor pedestrian-oriented restaurant and
retail uses and subterranean parking; the originally filed plans (the “2013” Plans”)
proposed, among other things, 125 hotel rooms, 22 residential condominium units, 19
replacement rental apartments, 5 affordable rental apartments, a cultural uses campus
including preservation and adaptive re-use of the Spanish Colonial Revival Landmark
and Queen Anne Landmark, ground floor restaurants and retail, an observation deck, a
maximum height of 244 feet and a 4.0 FAR; and
WHEREAS, as further described below, the Development Application was
revised and refined since the initial filing but has always included hotel, residential,
cultural uses, pedestrian-oriented retail/restaurant uses, and subterranean parking, as is
more fully described in the proposed Development Agreement (the “Development
Agreement”); and
WHEREAS, in August 2017, the City adopted the Downtown Community Plan
(“DCP”), a specific plan governing the Downtown including the Property. The Property is
located within the DCP’s Ocean Transition District, Bayside Conservation District and
the Established Large Site (“ELS”) Overlay designations. The ELS Overlay is provided
for three sites in the Downtown that the DCP indicated have the potential to
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accommodate significant new development and provide significant community benefits.
The ELS Overlay designation allows any project on the Property to request approval for
development of up to 130 feet in height and a 4.0 FAR subject to the project being
processed through a development agreement, as well as compliance with other
specified requirements. Table 2A.4 of the DCP lists three “preferred” community
benefits for a project on the Property: affordable housing, cultural institution, and historic
preservation, all of which are components of the current proposed project; and
WHEREAS, after adoption of the DCP, the 2013 Plans were revised to conform
with the DCP. In comparison to the 2013 Plans, revised plans filed in 2018 (the “2018
Plans”), included, among other things, elimination of the residential condominiums and
their replacement with 100% rental apartments (including more affordable housing),
reduced density (2.95 FAR), a reduced hotel program, and reduced height (maximum
height of 130 feet); and
WHEREAS, on February 20, 2018, the Architectural Review Board held a public
hearing to preliminarily review and provide feedback on the 2018 Plans; and
WHEREAS, on March 12, 2018, the Landmarks Commission held a public
hearing to preliminarily review and provide feedback on the 2018 Plans; and
WHEREAS, on May 2, 2018, the Planning Commission held a public hearing to
preliminarily review and provide feedback on the 2018 Plans; and
WHEREAS, on June 12, 2018, the City Council held a public hearing to
preliminarily review and provide feedback on the 2018 Plans; and
WHEREAS, the 2018 Plans were revised in response to feedback from the
Architectural Review Board, Landmarks Commission, Planning Commission, City
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Council and members of the public; and
WHEREAS, the current proposed project (the “Project”) now includes, among
other things: (1) a full-service hotel located in the central area of the Ocean Avenue
Parcel (the “Hotel Building”), (2) a cultural uses campus that is located north of the Hotel
Building on the Ocean Avenue Parcel and is comprised of a new building (the “Cultural
Uses Building”) and the relocated Spanish Colonial Revival Landmark and Queen Anne
Landmark, which would be rehabilitated for adaptive reuse as part of the cultural uses
campus, and open space (the “Cultural Uses Campus”), (3) a building with
restaurant/retail uses that is located near the corner of Ocean Avenue and Santa
Monica Boulevard on the Ocean Avenue Parcel (the “Corner Building”), (4) a mixed-use
residential apartment building with ground floor retail/restaurant space located on the
Ocean Avenue Parcel near the corner of Santa Monica Boulevard and First Court Alley
(the “Santa Monica Boulevard Building”), (5) a mixed-use building(s) with
retail/restaurant space located in the ground floor/podium level and residential
apartments located within three separate forms/structures situated above the podium
level on the Second Street Parcel (the “Second Street Building(s)”), (6) a publicly-
accessible observation deck at the top of the Hotel Building, (7) substantial open space,
including publicly-accessible open space, (8) subterranean space, including for vehicle
and bicycle parking, and (9) substantial other project features and community benefits;
and
WHEREAS, the Property is located in the California Coastal Zone, and as
explained above, the City does not have a certified LCP; and
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WHEREAS, the Second Street Parcel is located within Subarea 5 (Downtown
Core) and the remaining four parcels are located within Subarea 3B (Ocean Avenue
North of the Pier) in the 1992 LUP. The Draft LUP reflects the LUCE and DCP policies
with respect to the Property’s development standards. The entire Property is located
within Subarea 5, Downtown District of the Draft LUP; and
WHEREAS, on December 15, 2020, Developer filed an application seeking an
amendment to the 1992 LUP (the “1992 LUP Amendment”) to be consistent with the
DCP and Draft LUP policies. The 1992 LUP Amendment, as it has been modified,
would add a new policy to the 1992 LUP as follows:
If the properties located on the north side of Santa Monica
Boulevard between Ocean Avenue and Second Street
commonly referred to as 129 Santa Monica Boulevard, 101
Santa Monica Boulevard, 1327 Ocean Avenue, 1333 Ocean
Avenue, 1337 Ocean Avenue (the “Established Large
Site”) are redeveloped as a comprehensive project pursuant
to a development agreement, then the development
standards in Policies 67 and 71 and the corresponding
development intensities shown on Map 15 shall not apply to
such new project on the Established Large Site, and the
project shall instead not exceed 130 feet, with no limitation
on the number of stories, and a cumulative maximum 2.95
F.A.R across the Established Large Site; and
WHEREAS, to aid in the redevelopment of the Property, the City and Developer
desire to allow Developer to demolish the existing improvements except for the Queen
Anne Landmark and Spanish Colonial Revival Landmark and construct a new mixed-
use hotel, residential, and cultural uses project with ground floor retail and subterranean
parking; and
WHEREAS, the City prepared and circulated for public review and comment a
Draft Environmental Impact Report (the “DEIR”) pursuant to the California
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Environmental Quality Act (“CEQA”) and designated as SCH No. 2018121060 to
evaluate the Project’s potential environmental impacts. Following close of the comment
period, the City prepared a Final Environmental Impact Report pursuant to CEQA (the
“EIR”); and
WHEREAS, the primary purpose of the Project is to redevelop the Property with
a new mixed-use project that includes a full-service hotel, residential apartments
including replacement rent-control apartments, market rate and deed-restricted
affordable apartments, a new Cultural Uses Campus which includes the rehabilitation
and adaptive reuse of the Queen Anne Landmark and Spanish Colonial Revival
Landmark with cultural uses, pedestrian-friendly ground floor retail/restaurant uses,
subterranean parking, creates union jobs, includes significant open space including
publicly-accessible observation deck, and other benefits to the community consistent
with the LUCE, DCP, 1992 LUP as amended, and Draft LUP; and
WHEREAS, the City Council has determined that a development agreement is
appropriate for the proposed development of the Project on the Property; and
WHEREAS, the Development Agreement will (1) eliminate uncertainty in
planning for the Project and result in the orderly development of the Project, (2) assure
installation of necessary improvements on the Property, (3) provide for public
infrastructure and services appropriate to development of the Project, (4) preserve
substantial City discretion in reviewing the Project’s design in accordance with Article 6
of the Development Agreement, (5) secure for the City improvements that benefit the
public, (6) ensure the provision of community benefits as envisioned in the LUCE and
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DCP, and (7) otherwise achieve the goals and purposes for which the Development
Agreement Statutes were enacted; and
WHEREAS, the Development Agreement is consistent with the public health,
safety, and welfare needs of the residents of the City and the surrounding region. The
City has specifically considered and approved the impact and benefits of the
development of the Project on the Property in accordance with the Development
Agreement. Consistent with the DCP, the Project will provide a number of significant
project features and community benefits as set forth in Sections 2.7 and 2.8 of the
Development Agreement; and
WHEREAS, the City Council has found that the provisions of the Development
Agreement are consistent with the relevant provisions of the City’s General Plan,
including the LUCE, the DCP, the 1992 LUP as amended by the 1992 LUP
Amendment, and the Draft LUP; and
WHEREAS, on May 18, 2022 the City's Planning Commission held a duly noticed
public hearing on the Development Application (as it has been modified), the EIR, the
1992 LUP Amendment, and the Development Agreement, and at such hearing, subject
to certain modifications, the Planning Commission recommended that the City Council
certify the EIR, and approve the 1992 LUP Amendment and the Project including the
Development Agreement; and
WHEREAS, on July 14, 2022, the City Council held a duly noticed public hearing
on the Development Application (as it has been modified), the EIR, the 1992 LUP
Amendment, and the Development Agreement, and at such hearing the City certified
the EIR and adopted a Statement of Overriding Considerations and Mitigation
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Monitoring Plan, and considered this Resolution approving the 1992 LUP Amendment;
and
WHEREAS, the 1992 LUP Amendment is consistent in principle with the goals,
objectives, policies, land uses, and programs specified in the adopted LUCE, DCP,
1992 LUP, and Draft LUP. Specifically, the proposed mixed-use hotel project includes
lodging, retail, food and beverage, and Cultural facilities uses along with market-rate
and deed restricted affordable residential units in a manner that protects water quality
and does not adversely impact public access to the shoreline and along the coast, and
provides visitor-serving uses on the east side of Ocean Avenue as outlined by the 1992
LUP and Draft LUP. Specifically, per New Development Policy 64, the subject property
is located on the east side of Ocean Avenue in subarea 3b and shall accommodate new
visitor-serving uses including hotels, restaurants, commercial recreational uses, and
visitor serving retail uses. Residential uses are permitted on upper floors. Further, the
proposed Project includes a range of community benefits and incorporates a wide range
of sustainable design features and commitments into its design and operations. These
include dual plumbing and use of recycled water, 100% Green Power, implementation
of a TDM Program, inclusion of an on-site system for rainwater capture and reuse, and
EV vehicle charging infrastructure. The Project will provide new deed-restricted
affordable housing units, replacement rent-controlled housing units and new market-rate
residential units in order to provide more housing opportunities in non-sensitive Coastal
Zone areas. The proposed Project would redevelop underutilized buildings and surface
parking lots and provide a hotel with up to 120 hotel rooms. This Project therefore
provides new lodging opportunities and new subterranean parking in the City’s Coastal
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Zone. The Project also includes a Cultural Uses Campus that incorporates and
rehabilitates two City-designated landmarks, is designed to attract and exhibit works of
significant local, international, established and emerging artists, including architects,
and will have discounted entry fees for all students/youth. The Project includes a rooftop
observation/viewing deck that would be open to the public. Moreover, the Project will
also provide monetary contributions that would support mobility, construction of
affordable housing, parks and recreation, and early childhood initiatives. As such, the
proposed Project is consistent with the policies applicable to the site as set forth in the
both the 1992 LUP and the Draft LUP; and
WHEREAS, the public health, safety, and general welfare require the adoption of
the 1992 LUP Amendment in that the general welfare of the City is enhanced when the
development of a mixed use hotel, residential, cultural uses, and restaurant/retail project
includes market-rate, rent-controlled, and deed restricted affordable housing that will
serve a variety of family sizes and income levels. The proposed Project will also provide
numerous project and community benefits, including a Cultural Uses Campus and
publicly-accessible open space. The proposed Project will also provide visitor-serving
uses and increase transient occupancy taxes paid to the City which will in turn support
the general welfare by allowing the City to provided needed services and programs to
the community.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The above referenced recitals are true and correct and incorporated
herein by reference.
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SECTION 2. The City Council has reviewed, considered, and hereby adopts the
1992 LUP Amendment as shown in Exhibit A.
SECTION 3. The City Council hereby certifies that the 1992 LUP, as amended by
the 1992 LUP Amendment, is intended to be carried out in a manner fully consistent
with the California Coastal Act.
SECTION 4. The City Manager is directed to submit the 1992 LUP Amendment
to the Coastal Commission for certification in accordance with the Coastal Act.
SECTION 5. This resolution shall take effect automatically upon Coastal
Commission approval of the 1992 LUP Amendment in whole and without any proposed
modifications; alternatively, this resolution shall take effect upon adoption by the City
Council upon Coastal Commission approval of the 1992 LUP Amendment in part or with
proposed modifications.
APPROVED AS TO FORM:
DOUGLAS SLOAN
City Attorney
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Adopted and approved this day of July, 2022.
Sue Himmelrich, Mayor
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby certify
that Resolution No. (CCS) was duly adopted at a meeting of the City Council on
the day of July, 2022 by the following vote:
Ayes:
Noes:
Abstain:
Absent:
Attest:
Denise Anderson-Warren, City Clerk
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EXHIBIT A
AMENDMENT TO THE 1992 LUP
Add a new policy to the 1992 LUP as follows:
If the properties located on the north side of Santa Monica Boulevard between
Ocean Avenue and Second Street commonly referred to as 129 Santa Monica
Boulevard, 101 Santa Monica Boulevard, 1327 Ocean Avenue, 1333 Ocean
Avenue, 1337 Ocean Avenue (the “Established Large Site”) are redeveloped as
a comprehensive project pursuant to a development agreement, then the
development standards in Policies 67 and 71 and the corresponding
development intensities shown on Map 15 shall not apply to such new project on
the Established Large Site, and the project shall instead not exceed 130 feet,
with no limitation on the number of stories, and a cumulative maximum 2.95
F.A.R across the Established Large Site.
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Adopted and approved this 14th day of July 2022.
Sue Himmelrich, Mayor
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do
hereby certify that Resolution No. 11444 (CCS) was duly adopted at a meeting
of the Santa Monica City Council held on the 14th day of July 2022, by the
following vote:
AYES: Councilmembers Brock, Davis, Negrete, Parra,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: Councilmember de la Torre
ATTEST:
Denise Anderson-Warren, City Clerk