SR 04-13-2021 7B
City Council Report
City Council Meeting: April 13, 2021
Agenda Item: 7.B
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To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Introduction and Adoption of Emergency Interim Zoning Ordinance to Amend
and Extend Interim Zoning Regulations Adopted by Emergency Interim
Zoning Ordinance 2663 (CCS) to Temporarily Prohibit Non-Residential Uses
Citywide and Single-Unit Dwellings in Commercial Zones to Preserve
Potential Housing Sites in Preparation of the 6th Cycle Housing Element
Recommended Action
Staff recommends that the City Council introduce and adopt an Emergency Interim
Zoning Ordinance amending and extending interim regulations temporarily prohibiting,
with some exceptions, non-residential development citywide and single-unit dwellings in
commercial zones to preserve potential housing sites in preparation of the 6th Cycle
Housing Element.
Executive Summary
On March 9, 2021, in response to direction provided to Council on January 12, 2021,
the City Council adopted Emergency Interim Zoning Ordinance 2663 (CCS) (“IZO
2663”) temporarily prohibiting, with some exceptions, non-residential development
citywide and single-unit dwellings in commercial zones. This IZO established the
temporary prohibitions to ensure that potential housing development sites are preserved
pending the completion of the Suitable Sites Analysis and 6th Cycle Housing Element
Update. In accordance with State law, IZO 2663 will expire on April 23, 2021 unless
otherwise extended by Council. If extended as recommended by staff, the interim
zoning regulations adopted by IZO 2663 will terminate on January 15, 2022 to allow for
the adoption of the 6th Cycle Housing Element by the City Council and review and
certification of the adopted Housing Element by the State.
Background
Every eight years, California cities are required to update the Housing Element, which is
a required component of a city’s General Plan. For the 2021-2029 planning period (also
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referred to as the 6th Cycle Housing Element), Santa Monica received an allocation to
plan for 8,895 housing units of which approximately 70% are affordable housing units.
This represents approximately a five-times increase over the Regional Housing Needs
Allocation (“RHNA”) in the current cycle (2013-2021). Santa Monica’s RHNA allocation
is within the context of a declared statewide housing crisis. The significant focus on
affordable housing reflects the housing needs of the community in light of high housing
costs and residents and workers increasingly unable to afford housing in Santa Monica.
The Land Use and Circulation Element of the City’s General Plan (“LUCE”) was
adopted in 2010 with a growth strategy that focused new housing development in areas
with the greatest access to high frequency transportation systems along the commercial
boulevards and areas surrounding Expo Light Rail stations including the Downtown,
Bergamot, and Memorial Park. As a counterbalance, the LUCE also established the
Industrial Conservation (“IC”) land use designation, which was intended to conserve
small light industrial and service/commercial uses that have traditionally populated the
area and formed part of Santa Monica’s employment base. The IC District also was
intended to support existing and new creative businesses reliant on the affordable
workspace created from adaptive reuse of former industrial buildings. This vision was
carried through the 2015 Zoning Ordinance update that prohibited housing due to
concerns that introducing residential uses would have the potential to increase real
estate speculation thereby displacing the creative industries and small-scale industrial
uses supported by affordable workspace.
The Zoning Ordinance has also allowed for single-unit dwellings in all zoning districts for
decades. There are limited pockets of single-unit dwellings that remain in commercial
areas, derived from the City’s early settlement patterns. Based on assessor data, there
are approximately 232 parcels developed with single-unit dwellings in commercial
districts.
On March 9, 2021, the City Council adopted IZO 2663 to temporarily prohibit, with some
exceptions, non-residential uses Citywide, and single-unit dwellings in commercial
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districts. In accordance with State law, the interim zoning regulations adopted by IZO
2663 will expire on April 23, 2021, unless otherwise extended by Council.
On March 16-17, 2021, the Planning Commission held two meetings to discuss draft
concepts for the Housing Element Update and provided comments and
recommendations to City Council for consideration. On March 30, 2021, the Council
discussed these draft concepts and provided the following direction to staff:
• Compliant housing element that addresses historic discrimination and satisfies
Affirmatively Furthering Fair Housing requirements.
• Prioritize 100% affordable housing on City-owned land (with consideration for
use by artists or as open space).
• Select Option B for distribution of potential housing sites, with consideration of
zoning changes necessary to incentivize housing relative to commercial.
• Pursue 100% affordable housing overlay zone with exception of environmental
justice and previously redlined zones.
• Explore diverse opportunities for affordable home ownership and transition from
renters to owners by residents.
• Explore ADU incentives in R1 areas, including potential for deed-restricted
ADUs.
• Explore options to densify areas that historically excluded diverse populations
and affordable housing, to increase equitable and affordable housing access,
including but not limited to voluntary lot splits/duplexes with affordability
covenants.
• Promote diversity and inclusion in every neighborhood in Santa Monica.
Concurrent with the housing element update work that will continue over the next
several months, extending this Emergency IZO would preserve the opportunity to plan
for properties that may be considered for housing.
Discussion
The City is required to include a Suitable Sites Inventory (“SSI”), which is a listing of
sites throughout the City that demonstrate the City could accommodate housing
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development based on a jurisdiction’s Regional Housing Needs Allocation (“RHNA”)
number, in its Housing Element. Staff is in the process of preparing a draft SSI for the
6th Cycle Housing Element. However, in recent years, staff has seen an uptick in
applications submitted for non-residential development on potential housing sites in the
City’s commercial districts, largely consisting of office space. The largest amount of
office space has been proposed in the Bergamot Area Plan (“BAP”) area, the Hospital
Mixed Use (“HMU”) zone, and the Industrial Conservation (“IC”) zone. The City’s
adopted growth strategy in the Land Use and Circulation Element (“LUCE”)
contemplates housing production along the commercial boulevards, which have
greatest access to transportation systems. The LUCE also identifies multi-unit housing
as a permitted use throughout the City with the exception of the IC District. As parcels
are turned over, applicants have increasingly chosen to pursue non-residential projects
instead of housing projects. There is growing concern that as this trend continues in the
context of the Housing Element Update, the City will be precluded from the opportunity
to plan for the possibility of housing on these kinds of parcels. Further, even though the
IC District has not been an area that has traditionally accommodated housing, its
proximity to the Expo Line, aging building stock, and availability of larger parcels makes
it an area that should be evaluated for housing potential as part of the Housing Element
Update.
In addition to receiving a number of applications for non-residential development on
commercial boulevards in recent years, staff has also received recent inquiries for
single-unit dwellings in commercial zones on the boulevards. While the Zoning
Ordinance has permitted single-unit dwellings in commercial zones for decades, this
allowance does not maximize the housing potential for the limited number of potential
housing sites and therefore, is being re-evaluated in light of the City’s RHNA for the 6th
Cycle housing element.
Given the very large RHNA allocation and in order to preserve the opportunity to plan
for housing on as many available sites as possible, staff recommends extending the
interim zoning regulations established pursuant to Emergency Interim Zoning Ordinance
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2663 (CCS) which temporarily suspends new single-unit dwellings in commercial zones
and new non-residential construction citywide with the following exceptions:
1. Parcels located within:
(a) the BC (Promenade) District;
(b) the BC (2nd & 4th Streets) District; and
(c) the Industrial Conservation District that have boundaries located entirely
within 500 feet of the I-10 Freeway, as more fully depicted in Figure 1 below;
2. Schools, as defined by Santa Monica Municipal Code Section 9.51.030(A)(11),
including expansions and additions to schools and facilities operated by schools.
3. Parcels location on Santa Monica Boulevard between Lincoln Boulevards and
20th Street that are currently in operation as an automobile dealership or for auto
services ancillary to automobile dealerships.
4. Projects consisting of:
(a) a change of use in an existing structure; or
(b) an attached addition to an existing structure, or a freestanding addition on a
parcel with an existing structure that is no larger than the floor area of the
existing structure.
These exceptions balance the need to temporarily suspend the development of single-
unit dwellings and non-residential development on potential housing sites with
continuing support for economic recovery efforts that include greater flexibility in
changes of commercial use. The exceptions would allow continued maintenance and
investment in existing commercial buildings (such as in the Bayside District) that are
unlikely to be housing sites while also ensuring that the flexibility in changes of use
afforded by Interim Zoning Ordinance Nos. 2657 (citywide economic recovery IZO) and
2658 (Promenade economic recovery IZO) remain to support tenanting of vacancies
throughout the City. The exemption for schools addresses fundraising challenges and
construction timelines that are unique to such facilities. As critical infrastructure, school
facilities are complementary to the production of the housing, are generally already
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located on property owned by a school, and therefore are unlikely to be realistic housing
production sites.
The exception for parcels entirely within 500 feet of the I-10 freeway and within the IC
District exempts 125 parcels (out of total 201 total parcels in the IC zone) in an area that
has historically not seen development activity and would be unlikely to have significant
turnover, and acknowledges that these areas may not be ideal locations for housing.
In addition, staff proposes clarifying that, as intended by the original IZO, uses in
existing structures are not subject to the interim zoning regulations and would not be
subject to the City’s lawful nonconforming use regulations.
Effect of Interim Zoning Regulations on Bergamot Area Plan
The proposed interim zoning regulations would not affect the land-use regulations for
the Bergamot Area Plan (BAP) area that are separately contained from the Zoning
Ordinance, and any changes to the specific plan would be akin to amending the general
plan. Since the adoption of the BAP, very little development activity has occurred in the
Bergamot area and therefore staff does not believe that potential housing sites are at
risk of turnover in this area over the next eight months. However, per Council’s
direction, staff will continue to examine potential amendments to the BAP to encourage
housing production as part of the 6th Cycle Housing Element Update.
Proposed Changes to Applicability of IZO
At its special meeting held on March 30, 2021, the Council directed staff to revise the
applicability of the IZO to exclude any development applications submitted and pending
approval of a planning entitlement as of January 12, 2021, thereby allowing such
pending non-residential projects to proceed with application processing without being
affected by the IZO. Many of these projects have been in process for years and would
likely continue to proceed as non-residential projects rather than being developed as
housing projects during the period for the 6th Cycle Housing Update. For these reasons,
these sites were filtered out and are not currently identified in the preliminary SSI. The
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purpose of the ordinance is to provide the opportunity to plan for high potential housing
sites, and it is not clear that capturing pending projects would align with that goal. It is
more likely, given the amount of time these projects have been in process, that the
proposed interim zoning regulations would only have the effect of temporarily delaying
one or more of these projects rather than incentivizing the property owner to instead
convert the site into a housing project. Therefore, staff recommends amending the types
of projects that would not be subject to the IZO to also include submitted and pending
projects that have not received its planning entitlements as of January 12, 2021.
Proposed Applicability of the Interim Zoning Ordinance
With the changes directed by Council on March 30, the following projects would not be
subject to the IZO:
• Previously approved development projects for which a valid planning entitlement
or building permit issued prior to January 12, 2021.
• Any application for a planning entitlement or permit or building permit, including
plan check, filed on or before January 12, 2021.
• Projects pending Development Agreement review.
Staff recommends that projects continue to be exempt in the extended IZO, as
previously approved by City Council, and directed on March 30. Extension of the interim
zoning regulations to January 15, 2022 would ensure that potential housing
development sites are preserved pending the completion of the Suitable Sites Analysis
and 6th Cycle Housing Element Update.
Environmental Analysis
The proposed IZO extension is exempt from the provisions of the California
Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State
Implementation Guidelines (common sense exemption). Based on the evidence in the
record, it can be seen with certainty that there is no possibility that the proposed
changes may have a significant effect on the environment. The proposed ordinance
temporarily restricts, with some exceptions, new non-residential development and
single-unit dwellings in commercial zones citywide, and would not result in any changes
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to current development standards, which were subject to environmental review at the
time of adoption. Changes of use and building additions may still continue for non-
residential development, subject to current land use regulations and development
standards, and their own individual environmental analysis. Therefore, the proposed
IZO extension would not have an indirect or direct adverse change on the environment
and no further environmental review under CEQA is required.
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the
recommended action.
Prepared By: Jing Yeo, Planning Manager
Approved
Forwarded to Council
Attachments:
A. Proposed Amended IZO
B. Interim Zoning Ordinance 2663 adopted March 9, 2021 (Web Link)
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City Council Meeting: April 13, 2021 Santa Monica, California
ORDINANCE NUMBER _____ (CCS)
(City Council Series)
AN EMERGENCY INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA AMENDING AND EXTENDING INTERIM
ZONING REGULATIONS ADOPTED BY EMERGENCY INTERIM ZONING
ORDINANCE NUMBER 2663 (CCS) TO TEMPORARILY PROHIBIT NON-
RESIDENTIAL USES CITYWIDE AND SINGLE-UNIT DWELLINGS IN
COMMERCIAL ZONES TO PRESERVE POTENTIAL HOUSING SITES IN
PREPARATION OF THE 6TH CYCLE HOUSING ELEMENT
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, the 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 7 years; and
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WHEREAS, the City is in the process of updating the Housing Element to
its General Plan for the 6th Cycle, covering the period from 2021 to 2029; and
WHEREAS, the City has received a Regional Housing Needs Assessment
(“RHNA”) allocation for the 6th Cycle Housing Element of approximately 8,895
housing units, with approximately 70 percent allocated as affordable housing; and
WHEREAS, this RHNA allocation will require the City to permit
approximately 1,000 housing units annually between 2021 and 2029, 700 of which
are required to be affordable housing, representing an increase of approximately
five times over the City’s RHNA allocation for the 5th Cycle Housing Element
(2013-2021); 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 sets forth a strategy that focuses new housing
development in areas with the greatest access to high frequency transportation
systems – the commercial boulevards and the areas surrounding the Expo Light
Rail stations – Downtown, Bergamot, and Memorial Park; and
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WHEREAS, the LUCE strategy for housing development was implemented
through the City’s new Zoning Ordinance, Chapters 9.01 through 9.52 of Article 9
of the Santa Monica Municipal Code (“Zoning Ordinance”), which became effective
on July 24, 2015, and the Downtown Community Plan (“DCP”), which was adopted
on July 25, 2017; and
WHEREAS, the LUCE also established the Industrial Conservation (“IC”)
land use designation, which was intended to conserve small light industrial and
service/commercial uses that have traditionally populated the IC District and
formed part of Santa Monica’s employment base and to support existing and new
creative businesses reliant on the affordable workspace created from adaptive
reuse of former industrial buildings; and
WHEREAS, the Zoning Ordinance, consistent with the LUCE’s vision for
the IC land use designation, prohibits housing in the IC District, in part out of
concern that introducing residential uses could have the potential to increase real
estate speculation, thereby displacing the creative industries and small-scale
industrial uses supported by affordable workspace; and
WHEREAS, the LUCE’s strategy for housing development, along with the
exclusion of housing in the IC District, results in approximately 12 percent of the
City’s total land area being available for residential growth, all of which is zoned to
allow both commercial and residential uses; and
WHEREAS, the City has recently developed a preliminary Suitable Sites
Inventory (“SSI”) analysis as part of the 6th Cycle Housing Element update that
prioritizes parcels for their likelihood to produce housing; and
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WHEREAS, the preliminary SSI analysis has resulted in an even smaller
subset of parcels, representing approximately three percent of the city’s total land
area, being identified as potentially having the highest housing potential; and
WHEREAS, in the past five years, the City has approved 11 projects
consisting of approximately 184,000 square feet of non-residential uses; and
WHEREAS, in addition, the City has received applications for non-
residential development on possible housing sites, predominantly consisting of
319,000 square feet of total office space, but also including a hotel use and electric
vehicle charging facility on two surface parking lots; and
WHEREAS, these recent development trends favoring commercial
development over residential in areas targeted by the LUCE for residential growth
are supported by preliminary findings for a feasibility analysis conducted by for the
City in 2019 which studied the likelihood that an applicant would choose to pursue
a housing development based on the City’s existing development standards and
inclusionary housing requirements and demonstrated that housing projects were
less likely than commercial projects to proceed; and
WHEREAS, the City currently permits single-unit dwellings in commercial
areas, even on parcels that could support more housing development potential;
and
WHEREAS, the BC (Promenade) and BC (2nd & 4th Streets) Districts,
which include the areas surrounding the Third Street Promenade Area, are
considered the pedestrian and economic heart of the City due to their vibrant urban
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atmosphere supported by a broad mix of building types, office space,
entertainment, retail, restaurants, cafes, salons and exercise studios; and
WHEREAS, the area within the IC District and 500 feet of the I-10 freeway
has not historically seen development, and may not be suitable for housing due to
its proximity to the freeway and because it may require extensive environmental
remediation, which raises environmental and social justice concerns; and
WHEREAS, schools are an essential component of a balanced community,
and must be allowed to establish and expand during times of residential growth;
and
WHEREAS, the economic impacts of the COVID-19 closures of and
limitations on businesses have been devastating to the local Santa Monica
economy; and
WHEREAS, on May 12, 2020, the City Council adopted Emergency Interim
Zoning Ordinance Number 2637 (CCS) (“Interim Zoning Ordinance 2637”), which
established interim zoning regulations to provide immediate relief and regulatory
certainty for businesses Citywide that may have interest in looking ahead to make
plans for re-opening by taking initial steps towards economic recovery that
included: modifying alcohol exemption conditions in order to streamline process
for alcohol service and provide flexibility in operations for eating establishments;
relaxing standards related to legal, nonconforming retail and restaurant uses;
relaxing requirements to provide additional parking and new loading spaces for
changes of use in existing tenant spaces; eliminating the requirement for
Conditional Use Permits for restaurants only due to size; and removing the
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inflexibility caused by a cap of no more than 5 persons allowed for small yoga
studios and gyms; and
WHEREAS, on May 12, 2020, the City Council adopted Emergency Interim
Zoning Ordinance Number 2636 (CCS) (“Interim Zoning Ordinance 2636”),
establishing interim zoning regulations for the economic recovery of those portions
of the BC (Promenade) District bounded by Second Street to the west, Broadway
to the south, 4th Street to the east and Wilshire Boulevard to the north, including
the Third Street Promenade (the “Third Street Promenade Area”) which
established interim zoning regulations to provide immediate relief and regulatory
certainty for businesses in the Third Street Promenade area that may have interest
in looking ahead to make plans for re-opening by taking initial steps towards
economic recovery that included: minor modifications to land use regulations to
provide additional business opportunities and increased flexibility for existing
businesses; eliminating the requirement of a Conditional Use Permit for the
conversion of eating and drinking establishments to other uses; easing standards
related to legal, nonconforming restaurant and retail uses; relaxing Alcohol
Exemption conditions and processes; and allowing for alternate compliance with
loading standards; and
WHEREAS, on November 10, 2020, the City Council adopted Emergency
Interim Zoning Ordinance Numbers 2657 (CCS) and 2658 (CCS) to extend the
emergency interim zoning regulations adopted by Emergency Interim Zoning
Ordinance Numbers 2636 and 2637 and make other minor changes to further
encourage economic recovery; and
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WHEREAS, allowing additions to and changes of uses in existing structures
will support continued maintenance and investment in existing commercial
buildings that are unlikely to be housing sites while also ensuring that the flexibility
in changes of use afforded by Interim Zoning Ordinance Numbers 2657 and 2658
remains to support tenanting of vacancies throughout the City; and
WHEREAS, parcels located on Santa Monica Boulevard between Lincoln
Boulevards and 20th Street that are currently in operation as an automobile
dealership or for auto services ancillary to automobile dealerships are generally
improved with undersized structures for such uses, and limiting attached or free-
standing additions to the floor area of existing structures on those parcels would
unduly restrict updating and modernization of automobile dealerships in the City,
which could stifle the City’s economic recovery efforts; and
WHEREAS, on March 9, 2021, the City Council adopted Emergency Interim
Zoning Ordinance Number 2663 (CCS) to temporarily prohibit commercial uses
Citywide, with exceptions, and temporarily prohibit new single-unit dwellings in the
City’s nonresidential districts to allow the City to retain sufficient suitable sites for
housing as it develops the 6th Cycle Housing Element Update; and
WHEREAS, in accordance with Santa Monica Municipal Code Section
9.46.090(D) and California Government Code Section 65858(b), the interim zoning
regulations adopted by Emergency Interim Zoning Ordinance 2663 shall be of no
further force and effect on April 23, 2021 unless extended by the City Council; and
WHEREAS, parcels with pending applications for construction of new
nonresidential uses, which generally have undergone years of planning, often with
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substantial investment, appear not to pose a high potential for conversion to
housing use within the timeframe of the updated housing element, and for this
reason were filtered out of and are not currently identified as suitable sites in the
preliminary SSI analysis; and
WHEREAS, the purpose of the interim zoning regulations are to provide the
opportunity to plan for high potential housing sites, and given the amount of time
proposed projects with pending applications have been in process, it is likely the
proposed interim zoning regulations would only have the effect of temporarily
delaying one or more of these projects rather than incentivizing the property owner
to instead convert the site into a housing project; and
WHEREAS, the City desires to clarify that during the pendency of the
interim zoning regulations, nonresidential uses in existing structures are permitted
and not subject to the City’s regulations governing lawful nonconforming uses; and
WHEREAS, the City Council finds and declares that a current and
immediate threat to the public health, safety, and welfare continues to exist,
requiring the extension of the interim zoning regulations adopted by Emergency
Interim Zoning Ordinance 2663 to January 21, 2022, due to the State’s ongoing
and unprecedented housing crisis, which has resulted in the City’s very large
RHNA allocation of 8,895 units, and with only three percent of the City’s total land
area available as the highest potential for housing, the approval of additional
subdivisions, use permits, variances, building permits, or any other applicable
entitlement on even one of the suitable sites with housing potential would result in
that threat to public health, safety, or welfare because the loss of a suitable site to
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non-residential development or underproduction of housing units would jeopardize
the City’s ability to have sufficient suitable sites for the SSI, adopt a Housing
Element compliant with State law requirements, and plan for the production of
8,895 units over the next eight years.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Effect on Previously Approved Projects and Projects in
Process. The following projects that would otherwise be affected by the temporary
prohibitions set forth in this Interim Zoning Ordinance shall not be subject to this
Interim Zoning Ordinance:
(a) Previously Approved Development. The erection, construction,
enlargement, demolition, moving, conversion of, and excavation and grading for
any building or structure, or establishment of use, for which a valid planning
entitlement or permit or building permit, including plan check, was issued prior to
January 12, 2021 and which does not subsequently expire. A permit or entitlement
that does not contain an express limit on the time for exercising the permit shall be
deemed valid only if a building permit, including plan check, is obtained by January
12, 2021.
(b) Applications for Projects in Progress. Any application for a planning
entitlement or permit or building permit, including plan check, filed on or before
January 12, 2021.
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(c) Automobile Dealerships. Parcels located on Santa Monica
Boulevard between Lincoln and 20th Street that are currently in use as automobile
dealerships or for services ancillary to automobile dealerships.
(d) Development Agreements. Parcels subject to pending development
agreements.
SECTION 2. Temporary Prohibition on Non-residential Uses.
(a) Temporary prohibition. Notwithstanding anything to the contrary in
the land use regulations set forth in Santa Monica Municipal Code Sections
9.07.020, 9.08.020, 9.09.080, 9.10.040, 9.11.020, 9.13.020, 9.14.020, or 9.15.020,
and subject to the exceptions set forth in paragraph (b), Non-Residential Use
Classifications, as listed in 9.51.030, are prohibited in all Districts in the City.
(b) Exceptions. The temporary prohibition set forth in paragraph (a)
shall not apply to the following:
(1) Parcels located within:
(A) The BC (Promenade) District;
(B) The BC (2nd & 4th Streets) District; and
(C) The Industrial Conservation District that have
boundaries located entirely within 500 feet of the I-10 Freeway, as
more fully depicted in Exhibit A, attached hereto, and incorporated
herein by reference.
(2) Schools, as defined by Santa Monica Municipal Code Section
9.51.030(A)(11), including expansions and additions to schools and
facilities operated by schools.
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(3) Uses in existing structures, and projects consisting of:
(A) A change of use in an existing structure.
(B) An attached addition to an existing structure, or a free-
standing addition on a parcel with an existing structure, that is no
larger than the floor area of the existing structure.
SECTION 3. Temporary Prohibition on Single-Unit Dwellings in
Nonresidential Districts. Notwithstanding anything to the contrary in the land
use regulations set forth in Santa Monica Municipal Code Sections 9.10.040,
9.11.020, 9.13.020, 9.14.020, or 9.15.020, single-unit dwellings, as defined by
Santa Monica Municipal Code Section 9.51.020(A)(1)(a), are prohibited in all
Nonresidential Districts in the City.
SECTION 4. Any provision of the Santa Monica Municipal Code or any
appendix thereto inconsistent with the provisions of this Emergency Interim Zoning
Ordinance, to the extent of such inconsistencies and no further, is hereby repealed
or modified to that extent necessary to effect the provisions of this Emergency
Interim Zoning Ordinance.
SECTION 5. If any section, subsection, sentence, clause, or phrase of this
Emergency Interim Zoning Ordinance is for any reason held to be invalid or
unconstitutional by a decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this Emergency Interim
Zoning Ordinance. The City Council hereby declares that it would have passed this
Emergency Interim Zoning Ordinance and each and every section, subsection,
sentence, clause, or phrase not declared invalid or unconstitutional without regard
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to whether any portion of the ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 6. The Mayor shall sign and the City Clerk shall attest to the
passage of this Emergency Interim Zoning Ordinance. The City Clerk shall cause
the same to be published once in the official newspaper within 15 days after its
adoption. This Emergency Interim Zoning Ordinance shall become effective
immediately upon adoption.
SECTION 7. This Emergency Interim Zoning Ordinance shall be of no
further force or effect after December 31, 2021 unless it is otherwise repealed, or
extended pursuant to California Government Code Section 65858.
APPROVED AS TO FORM:
_________________________
GEORGE S. CARDONA
Interim City Attorney
7.B.a
Packet Pg. 349 Attachment: Proposed Amended IZO (4499 : Extension of Emergency IZO to retain potential housing sites pending Housing Element Adoption
13
Exhibit A
Parcels within Industrial Conservation District that Have Boundaries Located
Entirely within 500 Feet of the I-10 Freeway
[Behind this page]
7.B.a
Packet Pg. 350 Attachment: Proposed Amended IZO (4499 : Extension of Emergency IZO to retain potential housing sites pending Housing Element Adoption
7.B.a
Packet Pg. 351 Attachment: Proposed Amended IZO (4499 : Extension of Emergency IZO to retain potential housing sites pending Housing Element Adoption