O27401
City Council Meeting: March 21, 2023 Santa Monica, California
ORDINANCE NUMBER 2740 (CCS)
(City Council Series)
AN EMERGENCY INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA TO EXTEND INTERIM ZONING REGULATIONS
ESTABLISHED BY EMERGENCY INTERIM ZONING ORDINANCE 2633 (CCS) AND
AMENDED AND EXTENDED BY EMERGENCY INTERIM ZONING ORDINANCES
2645, 2692 AND 2699 (CCS) AMENDING SANTA MONICA MUNICIPAL CODE
CHAPTER 9.39 AND SECTION 9.40.020 TO INCREASE THRESHOLDS FOR
REVIEW OF ONE HUNDRED PERCENT AFFORDABLE HOUSING PROJECTS AND
HOUSING PROJECTS SUBJECT TO THE HOUSING ACCOUNTABILITY ACT BY
ADMINISTRATIVE APPROVAL
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 at the urban-rural interface with longer commute times and a higher exposure to
fire hazard; and
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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
WHEREAS, the City’s Regional Housing Needs Assessment (“RHNA”) for the 6th
Cycle Housing Element is an allocation of approximately 8,800 units, 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 height 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 September 11, 2013, the City Council adopted the Bergamot Area
Plan (“BAP”), which provides policies and standards to transition 142.5 acres of former
industrial lands into an arts-focused, transit-oriented, mixed use, pedestrian-oriented
neighborhood anchored by the Bergamot Exposition Light Rail Station; and
WHEREAS, the BAP envisions creating the City’s most sustainable
neighborhood—one that both conserves the authentic, industrial character that has
fostered a creative community in the area and removes barriers to housing, local
restaurants and services to take full advantage of the arrival of the Exposition Light Rail;
and
WHEREAS, the BAP encourages and creates opportunities to develop appropriate
housing for all members of the community, with a target of at least 30% of housing
affordable to people earning between 30% and 180% of the area median income; and
WHEREAS, the BAP sets forth certain thresholds for processing development
projects, including housing projects, in the plan area; 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
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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, the Zoning Ordinance implements the process thresholds for review
of housing projects consistent with the LUCE, BAP, and DCP by requiring projects subject
to ministerial review to be reviewed by the Administrative Approval process and projects
that exceed ministerial review process thresholds to be reviewed by the Development
Review Permit process; 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 each year are required to be affordable
housing; and
WHEREAS, 100% affordable housing projects, with challenges in available
funding, are turning to financing sources such as tax credits, which establish a strict
schedule for obtaining entitlements and building permits which are more easily met with
a ministerial, rather than discretionary, review process; 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 on a housing project that complies with objective general
plan, zoning, and subdivision standards and criteria, including design review standards in
effect at the time the application is determined complete; and
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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
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
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, adopted Resolutions Numbers 11237 (CCS),
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11238 (CCS), and 11239 (CCS) to amend the LUCE, BAP, and 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 March 10, 2020, the City Council adopted emergency Interim
Zoning Ordinance Number 2633 (CCS) (“Interim Zoning Ordinance 2633”), which
immediately permitted one hundred percent affordable housing projects and housing
projects subject to the HAA that do not exceed Tier 2 maximums to be processed by
Administrative Approval rather than a Development Review Permit under certain
conditions; and
WHEREAS, pursuant to Santa Monica Municipal Code Section 9.46.090(C),
Interim Zoning Ordinance 2633 was set expire sixty days after its effective date, or on
May 9, 2020; and
WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of
Emergency Services, (“Director of Emergency Services”) proclaimed the existence of a
local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure
the availability of mutual aid and an effective the City’s response to the novel coronavirus
(“COVID-19”) and this local emergency was restated on March 14, 2020, through a
revised declaration of local emergency to ensure compliance with all digital signature
requirements (the “Executive Order”); and
WHEREAS, on March 17, 2020, the Director of Emergency Services issued a
Revised Fourth Supplement to the Executive Order (the “Revised Fourth Supplement”)
which, in part, extended all Interim Zoning Ordinances in effect during the term of the
Order; and
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WHEREAS, on August 25, 2020, the City Council adopted emergency Interim
Zoning Ordinance Number 2645 (CCS), which extended the interim zoning regulations
adopted by Interim Zoning Ordinance 2633 (the “interim zoning regulations”) to December
31, 2021; and
WHEREAS, Interim Zoning Ordinance 2645 also amended the interim zoning
regulations to accord with the ordinance the City Council introduced for first reading on
August 25, 2020 to add Santa Monica Municipal Code Chapter 6.22: Residential Leasing
Requirements, and provide more certainty for landlords and tenants, amended the interim
zoning regulations to require that all leases be made to tenants who will use and occupy
the rental housing unit as the tenants’ “primary residence” rather than “domicile” as that
term is defined by Elections Code Section 349(b) and that all leases be in writing and
provide for a minimum initial term of one year; and
WHEREAS, on September 8, 2020, the City Council adopted Ordinance Number
2650 (CCS), adopting Chapter 6.22, Residential Leasing Requirements (“Chapter 6.22”),
which requires that all residential housing units must be leased to natural persons, tenants
leasing residential housing units must use and occupy the residential housing unit as the
tenant’s primary residence, all residential housing units must be leased for an initial lease
term of at least one year, and all residential housing units must be delivered unfurnished;
and
WHEREAS, on October 27, 2020, the City Council adopted Ordinance Number
2655 (CCS), which amended Chapter 6.22 to: expand options to demonstrate proof of
primary residence to ensure undocumented students have access to rental housing;
exempt certain leases of owner-occupied single- and multiple-unit dwellings, and
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accessory dwelling units and junior accessory dwelling units located on parcels with
owner-occupied single-unit dwellings, and leases that provide for temporary relocation
housing for tenants who are subject to temporary relocation under Santa Monica
Municipal Code Sections 4.36.100 or 8.100.030 from the residential leasing requirements;
and
WHEREAS, in accordance with Santa Monica Municipal Code Section 6.22.130,
the Director of the Community Development Department has promulgated administrative
regulations, which were most recently updated on January 29, 2021, related to noticing
procedures and requirements and to further clarify applicability of Chapter 6.22; and
WHEREAS, on October 12, 2021, the City Council adopted the 6th Cycle (2021-
2029) Housing Element, which, pursuant to Program 1A, requires the City to make
permanent amendments to the Zoning Ordinance to implement the interim zoning
regulations, with revisions, no later than March 31, 2022, and extend the interim zoning
regulations pending full implementation of Program 1A; and
WHEREAS, on October 29, 2021, the Director of Emergency Services issued a
Forty-First Supplement to the Executive Order to extend certain provisions of the
Executive Order, including Section 6 of the Revised Fourth Supplement extending all
Interim Zoning Ordinances, through January 31, 2022; and
WHEREAS, on January 25, 2022, the City Council adopted Emergency Interim
Zoning Ordinance Number 2692 (CCS), which: extended the interim zoning regulations
until May 31, 2022, in anticipation of enactment of permanent changes to the Zoning
Ordinance in accordance with Program 1A of the 6th Cycle Housing Element; removed
the deed restriction obligations in order to avoid inconsistency with the provisions of
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Chapter 6.22; and, limited eligibility under the interim zoning regulations to Tier 2 projects
located on parcels that do not exceed 43,560 square feet, or one acre, in order to increase
opportunities for community input for larger projects; and
WHEREAS, on February 8, 2022, pursuant to California Government Code
Section 65585(h), the City received a letter from the California Department of Housing
and Community Development, which determined that the City’s 6th Cycle Housing
Element addresses many statutory requirements but that revisions would be necessary
to comply with State Housing Element Law; and
WHEREAS, upon receipt of HCD’s February 8, 2022 letter, the City began the
process of reviewing which revisions to the 6th Cycle Housing Element may be necessary
to comply with State Housing Element law; and
WHEREAS, on April 12, 2022, the City Council adopted emergency Interim Zoning
Ordinance Number 2699 (CCS) to allow the City adequate time to review and revise the
6th Cycle Housing Element as may be necessary to ensure consistency with State
Housing Element law; and
WHEREAS, on July 8, 2022, the City submitted the draft revised Housing Element
to HCD for review and comment; and
WHEREAS, on September 6, 2022, HCD issued a letter determining that the Draft
Revised Housing Element will comply with State Housing Element Law once adopted,
submitted to, and reviewed by, HCD; and
WHEREAS, implementation dates for the June 21, 2022 draft amended 6th Cycle
Housing Element have been updated to allow for an extension for rezoning should the
City meet all conditions set forth in Government Code Section 65583.4; and
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WHEREAS, on September 22, 2022, Planning Commission conducted a duly
noticed public hearing to consider recommending to the City Council that the City Council
adopt the amended 6th Cycle Housing Element, and after considering oral and written
testimony, adopted Resolution Number 220-18 (PCS) recommending that the City
Council adopt the amended the 6th Cycle Housing Element; and
WHEREAS, on October 11, 2022, the City Council conducted a duly-noticed public
hearing to consider adopting the amended 6th Cycle Housing Element, and after
considering oral and written testimony, adopted Resolution Number 11469 (CCS),
adopting an amended 6th Cycle Housing Element, which was certified by the State on
October 14, 2022; and
WHEREAS, the Housing Element requires the City to implement certain programs
through amendments to the Land Use and Circulation Element of the General Plan, the
Bergamot Area Plan, the Downtown Community Plan, and the Zoning Ordinance in
phases, subject to specified deadlines; and
WHEREAS, the Housing Element requires the City to implement Program 1A,
which proposes to make the interim zoning regulations permanent, no later than October
15, 2023; and
WHEREAS, on August 4, 2021, the Planning Commission adopted a Resolution
of Intention, Resolution Number 21-007 (PCS), declaring its intention to consider
recommending to the City Council that the City Council amend the text of the Zoning
Ordinance to, among other things, ensure consistency with the goals, policies and
programs of the 6th Cycle Housing Element; and
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WHEREAS, the City desires to undertake the first phase of amendments to the
text of the Zoning Ordinance for consistency with the goals, policies, and programs set
forth in the 6th Cycle Housing Element, including all or portions of Programs 1A, By-Right
Approvals for Housing Projects; and
WHEREAS, on February 1, 2023, 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 Zoning Ordinance, adopted Resolution Number
23-003 (PCS), recommending that the City Council amend the text of the Zoning
Ordinance to, among other things, implement Program 1A of the Housing Element; and
WHEREAS, on March 21, 2023, the City Council conducted a duly noticed hearing
to consider the Planning Commission’s recommendation; and
WHEREAS, the City Council desires to extend the interim zoning regulations to
allow the City adequate time implement Program 1A of the 6th Cycle Housing Element;
and
WHEREAS, there exists an immediate and continuing threat to the public health,
safety and welfare due to the State’s ongoing and unprecedented housing crisis, which
has resulted in the City’s anticipated RHNA allocation; and
WHEREAS, extending the streamlined process created by the interim zoning
regulations will support the City’s urgent need to produce housing and the City’s efforts
to create a long-term housing strategy through the 6th Cycle Housing Element; and
WHEREAS, adoption of this emergency Interim Zoning Ordinance is necessary to
preserve public peace, health, safety and welfare as it will remove barriers to production
of housing, particularly one hundred percent affordable housing projects.
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NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Applicability. The interim regulations set forth in Section 2 shall apply
to any project for which a planning entitlement application is received after the effective
date of this Ordinance.
SECTION 2. Interim Zoning Regulations. Santa Monica Municipal Code Chapter
9.39 and Section 9.40.020 shall be revised as follows:
Chapter 9.39 Administrative Approval
9.39.010 Purpose
Administrative Approval is intended to allow for the approval of projects which
conform to the standards established for the Zoning District and do not require
discretionary review or approval by the Director, Planning Commission, or City Council.
Administrative Approval provides for an administrative review and assessment of the
proposed development project in light of explicit standards contained in the Chapter which
have been designed to ensure that the completed project will be in harmony with existing
or potential development in the surrounding area, consistent with the goals, objectives
and policies of the General Plan.
9.39.020 Applicability
A. Except as provided in subsection (B), an Administrative Approval shall be
required prior to issuance of any Building Permit for the development for:
1. Any project of more than 1,000 square feet of floor area for all new
construction and new additions to existing buildings located in Residential and
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Nonresidential Districts not otherwise subject to Zoning Conformance Review or
discretionary review;
2. 100% Affordable Housing Projects; and
3. Any project that:
a. Meets 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, complies 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. Does not exceed Tier 2 maximums; and
c. Is located on a parcel that does not exceed 43,560 square
feet.
B. No Administrative Approval shall be required for:
1. New construction and new additions to existing buildings located in
the Multi-Unit Residential Districts, Ocean Park Neighborhood Districts; or
2. For any new single-unit dwellings or additions thereto in any zoning
district.
9.39.030 Application
Application for an Administrative Approval shall be filed in a manner consistent
with the requirements contained in 9.37.020, Application Forms and Fees.
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9.39.040 Procedures
A. For projects eligible for an Administrative Approval under 9.39.020(A)(2) or
(3), 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.
B. Upon receipt in proper form of an Administrative Approval Application, a
meeting with the Architectural Review Board shall be set to receive a recommendation
on the design of the proposal, which shall be conducted prior to the Director’s
determination.
9.39.050 Review and Decision
A. The Director shall issue an Administrative Approval if the proposed
development conforms precisely to applicable development standards, and does not
require discretionary review or approval as outlined in this Chapter.
B. The Director shall deny the Administrative Approval only if the development
is not in compliance with the applicable development standards as outlined in this
Chapter.
C. The Director shall prepare a written decision which shall contain the findings
of fact upon which such decision is based.
D. Within 14 calendar days after the decision is made:
1. A copy of the decision shall be mailed to the applicant at the address shown
on the application; and
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2. For 100% affordable housing projects, and housing projects subject to
Administrative Approval under Subsection 9.39.020(B)(3), a copy of the written decision
and project plans shall be posted on the City’s website.
9.39.060 Term, Extension, and Revocation
The term of permit, exercise of rights, extension, and revocation for Administrative
Approvals shall be in accordance with the applicable provisions of Chapter 9.37, Common
Procedures.
Chapter 9.40 Development Review Permit
9.40.020 Applicability
A. Except as provided in subsection (B), a Development Review Permit
approved by the Planning Commission shall be required prior to issuance of any building
permit for the development for:
1. Any project that exceeds Tier 1 maximum limits;
2. All new construction and new additions to existing buildings of more
than 10,000 square feet of floor area located in Residential Districts or more than
7,500 square feet of floor area in Neighborhood Commercial and Oceanfront
Districts;
3. All new construction and new additions to existing buildings of more
than 15,000 square feet of floor area located in Nonresidential Districts not
specified in subsection (A)(2);
4. Notwithstanding subsection (A)(3) above, all new construction of
more than 30,000 square feet of floor area of a development project containing no
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more than 15% of commercial floor area located in Nonresidential Districts not
specified in subsection (A)(2);
5. Notwithstanding subsections (A)(2)—(4) above and until the
adopting of a Pico Neighborhood Plan, all new construction and new additions to
existing buildings of more than 7,500 square feet of floor area located in the Pico
Neighborhood Area.
B. The following types of projects are exempt from Development Permit
Review requirements:
1. Single-unit dwellings;
2. 100% Affordable Housing Projects; and
3. Any project that:
a. Meets 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, complies 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. Does not exceed Tier 2 maximums; and
c. Is located on a parcel that does not exceed 43,560 sf.
SECTION 3. Any provision of the Santa Monica Municipal Code or any appendix
thereto inconsistent with the provisions of this Ordinance, to the extent of such
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inconsistencies and no further, is hereby repealed or modified to that extent necessary to
effect the provisions of this Ordinance.
SECTION 4. If any section, subsection, sentence, clause, or phrase of this
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 Ordinance. The City Council hereby declares that it would have passed
this Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
SECTION 5. This Ordinance is declared to be an emergency measure necessary
for preserving the public peace, health, safety or welfare, adopted pursuant to the
provisions of Section 615 of the Santa Monica City Charter. As set forth in the findings
above and in the March 10, 2020, August 25, 2020, January 25, 2022, April 12, 2022 and
March 21, 2023, staff reports, this Ordinance is necessary for preserving the public peace,
health, safety, and welfare. As an emergency measure, this Ordinance will be effective
immediately upon adoption.
SECTION 6. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within 15 days after its adoption. This Ordinance shall become effective
immediately upon adoption.
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SECTION 7. This Ordinance shall be of no further force or as of June 30, 2023,
unless it is otherwise extended pursuant to Santa Monica Municipal Code Section
9.46.090(C).
APPROVED AS TO FORM:
_________________________
DOUGLAS SLOAN
City Attorney
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Approved and adopted this 21st day of March, 2023.
_____________________________
Gleam Davis, Mayor
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do
hereby certify that the foregoing Ordinance No. 2740 (CCS) had its introduction
and adoption at the Santa Monica City Council meeting held on March 21, 2023,
by the following vote:
AYES: Councilmembers Brock, de la Torre, Parra, Torosis, Zwick
Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
ATTEST:
_____________________________________ _________________
Denise Anderson-Warren, City Clerk Date
A summary of Ordinance No. 2740 (CCS) was duly published pursuant to California
Government Code Section 40806.
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4/24/2023