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O27431 City Council Meeting: April 11, 2023 Santa Monica, California ORDINANCE NUMBER 2743 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE OFFICIAL DISTRICTING MAP FOR CONSISTENT DESIGNATION OF IDENTIFIED PARCELS WHEREAS, on July 6, 2010, the City Council adopted the Land Use and Circulation Element (“LUCE”) of the City’s General Plan including a General Plan Land Use Map; and WHEREAS, the City’s new Zoning Ordinance, Chapters 9.01 through 9.52 of Article 9 of the Santa Monica Municipal Code (“Zoning Ordinance”), became effective on July 24, 2015, and included a revised Official Districting Map; and WHEREAS, on July 25, 2017, the City Council adopted the Downtown Community Plan which revised the Official Districting Map to include the DCP subareas; and WHEREAS, California Government Code Section 65860 was amended by SB 1333, which became effective on January 1, 2019, to require that Charter Cities have consistency between their General Plans and Zoning Ordinances; and WHEREAS, on July 17, 2019, the Planning Commission adopted Resolution Number 19-014, declaring its intention to consider recommending to the City Council that the City Council amend the land use designations in the General Plan Land Use Map and the Official Districting Map for consistent designation of identified parcels; and WHEREAS, the City has reviewed and analyzed the currently adopted General Plan Land Use and Official Districting (Zoning) Maps and identified specific parcels for which there are inconsistencies between the two maps that require resolving; and DocuSign Envelope ID: E29D3DFB-B8F0-4917-9B7C-DDCE68D84F32 2 WHEREAS, California Government Code Section 66300 was added by SB 330, the Housing Crisis Act of 2019, and prohibits a local agency from changing the general plan land use designation, specific plan land use designation, or zoning of a parcel or parcels of property to a less intensive use or reducing the intensity of land use within an existing general plan land use designation, specific plan land use designation, or zoning district in effect at the time of the proposed change, below what was allowed under the land use designation or zoning ordinances of the affected county or affected city, as applicable, as in effect on January 1, 2018; and WHEREAS, California Government Code Section 65915 et al., the State Density Bonus Law provides that, for purposes of determining maximum allowable residential density, if the density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan or specific plan, the greater shall prevail; 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 includes a variety of programs intended to achieve goals and policies related to new housing production for all income categories and the preservation of existing housing, ensuring there is equitable housing access to all neighborhoods, housing for the homeless including housing assistance and supportive services to low-income households, and eliminating housing discrimination; and DocuSign Envelope ID: E29D3DFB-B8F0-4917-9B7C-DDCE68D84F32 3 WHEREAS, the Housing Element sets forth a range of goals, policies and programs, including, but not limited to, procedural changes related to streamlining the review of housing projects, updating development standards and the Affordable Housing Production Program (“AHPP”) to ensure housing projects are feasible, providing opportunities for housing in areas of the City that do not currently permit housing, incentivizing housing in areas of the City that have not historically supported housing production, amending the City’s density bonus ordinance to ensure consistency with State law and integration into the City’s land use system, and committing to the production of affordable housing on City-owned/publicly owned land; 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, 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 Official Districting Map, adopted Resolution Number 23- 006 (PCS), recommending that the City Council amend the Official Districting Map based on the following findings: 1. The change in district boundaries is consistent in principle with the General Plan in that the proposed amendments will achieve consistency between the General Plan Land Use designations and designations in the Official Districting Map; DocuSign Envelope ID: E29D3DFB-B8F0-4917-9B7C-DDCE68D84F32 4 2. The change in district boundaries is consistent with the purpose of this Ordinance to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, and general welfare because the proposed changes will be consistent with State law provisions promoting housing development included in the Housing Crisis Act of 2019 (SB 330) as well as ensuring transparency and consistency for establishing maximum allowable density for purposes of State Density Bonus Law, which requires that where there is inconsistency between the density allowed under the zoning ordinance and the density allowed under the land use element of the General Plan or specific plan, the greater shall prevail; and 3. The change in district boundaries is necessary to achieve the balance of land uses desired by the City, consistent with the General Plan, and to increase the inventory of land within a given Zoning District in that the proposed changes will increase housing production consistent with the goals, policies, and programs set forth in the 6th Cycle (2021-2029) Housing Element of the General Plan. WHEREAS, on March 21, 2023, the City Council conducted a duly noticed hearing, and, after considering all oral and written testimony, desires to amend the Official Districting Map as set forth below. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: DocuSign Envelope ID: E29D3DFB-B8F0-4917-9B7C-DDCE68D84F32 5 SECTION 1. Based upon the oral and written testimony presented to the City Council at the public hearing on March 21, 2023, regarding the proposed changes to the Official Districting Map, the City Council hereby makes the following findings: 1. The changes in district boundaries are consistent in principle with the General Plan in that the amendments will achieve consistency between the General Plan Land Use designations and designations in the Official Districting Map; 2. The changes in district boundaries are consistent with the purpose of this Ordinance to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, and general welfare because the changes will be consistent with State law provisions promoting housing development included in the Housing Crisis Act of 2019 (SB 330) as well as ensuring transparency and consistency for establishing maximum allowable density for purposes of State Density Bonus Law, which requires that where there is inconsistency between the density allowed under the zoning ordinance and the density allowed under the land use element of the General Plan or specific plan, the greater shall prevail; and 3. The changes in district boundaries are necessary to achieve the balance of land uses desired by the City, consistent with the General Plan, and to increase the inventory of land within a given Zoning District in that the changes will increase housing production consistent with the goals, DocuSign Envelope ID: E29D3DFB-B8F0-4917-9B7C-DDCE68D84F32 6 policies, and programs set forth in the 6th Cycle (2021-2029) Housing Element of the General Plan. SECTION 2. The City of Santa Monica Official Districting Map is hereby amended as set forth in Exhibits A and B, attached hereto. SECTION 3. Any provision of the Municipal Code or appendices thereto inconsistent with the provisions of this 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 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. 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 30 days from its adoption. APPROVED AS TO FORM: _______________________ DOUGLAS SLOAN City Attorney DocuSign Envelope ID: E29D3DFB-B8F0-4917-9B7C-DDCE68D84F32 7 EXHIBIT A Amendments to the Official Districting Map Listed By Parcel [BEHIND THIS PAGE] DocuSign Envelope ID: E29D3DFB-B8F0-4917-9B7C-DDCE68D84F32 1 Parcels for Zoning Map Changes # APN Address Street LUCE Designation Current Zoning Designation Existing Development/Use Zone Change SSI 1 4288004012 2938 2nd St Neighborhood Commercial OP2 Parking lot behind Main St. retail NC 2 4289011020 1917 4th St Low Density Housing MUBL Multi-unit residential MUBL 3 4289012006 1916 4th St Low Density Housing Split (MUBL/OP2) Multi-unit residential MUBL 4 4283020040 1860 9th St Low Density Housing/General Commercial split R2 Multi-unit residential GC 5 4285027024 2920 10th St Low Density Housing R1 Multi-unit residential R2 6 4285027065 2921 10th St Low Density Housing R1 condos R2 7 4285027036 2920 11th St Low Density Housing R1 condos R2 8 4275007009 1453 21st St Health Care Mixed Use MUBL St. John's parking HMU 9 4270021071 2645 30th St Low Density Housing R1 2-unit residential R2 10 4270007005 2305 31st St Single-family residential Split R1/R2 Multi-unit residential R2 11 4270020020 2665 31st St Low Density Housing Split (R2/NC) Multi-unit residential NC DocuSign Envelope ID: E29D3DFB-B8F0-4917-9B7C-DDCE68D84F32 2 # APN Address Street LUCE Designation Current Zoning Designation Existing Development/Use Zone Change SSI 12 4292003028 715 California Ave Medium Density Housing R2 St. Monica's R3 13 4289015025 207 Hollister Ave Neighborhood Commercial OP2 Multi-tenant Commercial NC 14 4292003027 1030 Lincoln Blvd Medium Density Housing R2 St. Monica's R3 15 4285027083 810 Ashland Low Density Housing Split (R1/R2) Multi-unit residential; recently constructed. With access from Ashland Ave. R2 16 4287032013 810 Navy St General Commercial OP1 Single-unit residence GC 17 4284025028 1343 Ocean Park Blvd Single Family Housing/Medium Density Housing split Split (R1/R3) Mt. Olive Lutheran Church; R3 X 18 4287032019 811 Ozone St General Commercial OP1 Single-unit residence GC 19 4284033001 1302 Pico Blvd Neighborhood Commercial Split (NC/R2) Multi-tenant Commercial NC 20 4284033003 1310 Pico Blvd Neighborhood Commercial Split (NC/R2) Automotive Repair NC 21 4284033018 1310 Pico Blvd Neighborhood Commercial Split (NC/R2) Automotive Repair NC 22 4284033019 1320 Pico Blvd Neighborhood Commercial Split (NC/R2) Automotive Repair NC 23 4274026019 2019 Pico Blvd Neighborhood Commercial/Low Density Housing split Split (MUBL/R2) Multi-unit residential MUBL DocuSign Envelope ID: E29D3DFB-B8F0-4917-9B7C-DDCE68D84F32 3 # APN Address Street LUCE Designation Current Zoning Designation Existing Development/Use Zone Change SSI 24 4274026020 2029 Pico Blvd Neighborhood Commercial/Low Density Housing split Split (MUBL/R2) Rear half of Pizza Hut with a parking lot MUBL 25 4270006041 3018 Pico Blvd Neighborhood Commercial Split (NC/R2) Retail/2nd floor office NC X 26 4270006042 3024 Pico Blvd Neighborhood Commercial Split (NC/R2) Multi-unit residential NC X 27 4270006043 3026 Pico Blvd Neighborhood Commercial Split (NC/R2) Retail/2nd floor office NC X 28 4281019026 1217 Wilshire Mixed Use Boulevard/Low Density Housing Split (R2/MUB) Multi-tenant Commercial MUB 29 4285027021 813 Wilson Pl Low Density Housing R1 Single-unit residence R2 30 4285027019 823 Wilson Pl Low Density Housing R1 Multi-unit residential (2 units) R2 DocuSign Envelope ID: E29D3DFB-B8F0-4917-9B7C-DDCE68D84F32 8 EXHIBIT B Map of Amendments to the Official Districting Map [BEHIND THIS PAGE] DocuSign Envelope ID: E29D3DFB-B8F0-4917-9B7C-DDCE68D84F32 DocuSign Envelope ID: E29D3DFB-B8F0-4917-9B7C-DDCE68D84F32 Approved and adopted this 11th day of April, 2023. _____________________________ Gleam Davis, Mayor State of California ) County of Los Angeles ) ss. City of Santa Monica ) I, Maria Dacanay, Acting City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2743 (CCS) had its introduction on March 21, 2023 and was adopted at the Santa Monica City Council meeting held on April 11, 2023, by the following vote: AYES: Councilmembers Brock, de la Torre, Torosis, Zwick Mayor Davis, Mayor Pro Tem Negrete NOES: None ABSENT: Councilmember Parra ATTEST: _____________________________________ _________________ Maria Dacanay, Acting City Clerk Date A summary of Ordinance No. 2743 (CCS) was duly published pursuant to California Government Code Section 40806. DocuSign Envelope ID: E29D3DFB-B8F0-4917-9B7C-DDCE68D84F32 4/24/2023