O27551
City Council Meeting: August 22, 2023 Santa Monica, California
ORDINANCE NUMBER 2755 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO
AMEND THE TEXT OF THE CITY’S ZONING ORDINANCE TO PROVIDE
INCENTIVES FOR CERTAIN HOUSING PROJECTS THAT FILED AN APPLICATION
PRIOR TO IMPLEMENTATION OF THE CITY’S 6TH CYCLE (2021-2029) HOUSING
ELEMENT
WHEREAS, the Housing Element Law, California Government Code Sections
65580 et seq., requires the City to review and update the Housing Element of its General
Plan every eight years; and
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
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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 7 years; and
WHEREAS, the City received a Regional Housing Needs Assessment (“RHNA”)
allocation for the 6th Cycle (2021-2029) 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 (2013-2021) Housing Element; and
WHEREAS, in September 2020, the City commenced a public outreach process
for the 6th Cycle Housing Element, which consisted of creation of a dedicated website,
presenting informational webinars, seeking input through questionnaires and surveys,
forming two technical working groups, and conducting a series of study sessions with the
Planning Commission, Housing Commission, Rent Control Board, and the City Council;
and
WHEREAS, on or about May 24, 2021, City staff published a Draft 6th Cycle
Housing Element (“Draft Housing Element”); and
WHEREAS, on June 2 and 3, 2021, the Planning Commission conducted a public
hearing on the Draft Housing Element and made recommendations to the City Council;
and
WHEREAS, on June 15, 2021, the City Council conducted a public hearing to
discuss the Draft Housing Element and directed staff to transmit the Draft Housing
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Element to the California Department of Housing and Community Development (“HCD”)
with revisions; and
WHEREAS, on July 1, 2021, City staff transmitted the Draft Housing Element, as
revised by the City Council, to HCD for a 60-day review period; and
WHEREAS on August 4, 2021, in accordance with Santa Monica Municipal Code
Section 9.46.030(B), 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 adopt amendments to the text of the Zoning
Ordinance for consistency with the Goals, Policies and Programs of the 6th Cycle
Housing Element, and minor changes, corrections and clarifications to the text of the
Zoning Ordinance related to parcel coverage limitations for existing structures in the City’s
R1 (Single-Unit Residential) Districts and standards for accessory structures for
consistency with Council direction to return with amendments to the City’s home-share
rules; and
WHEREAS, on August 30, 2021, in accordance with Government Code Section
65585, HCD issued a letter to report on its review of the Draft Housing Element; and
WHEREAS, HCD’s review concluded that the draft Housing Element addressed
many statutory requirements, but that revisions would be necessary to substantially
comply with State Housing Element Law; and
WHEREAS, in its review letter, HCD set forth recommended revisions to the Draft
Housing Element to, among other things, provide additional information and analysis of
the City’s: housing needs, resources, and constraints related to fair housing; population
and employment trends; household characteristics; Suitable Sites Inventory (“SSI”);
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zoning regulations for a variety of housing types; governmental and nongovernmental
constraints on housing; special housing needs; and “at risk” housing units; and
WHEREAS, HCD further recommended that the City make revisions to housing
programs set forth in the Draft Housing Element to: demonstrate adequate capacity for
the RHNA allocation; address, and where legally possible, remove, constraints to the
maintenance, improvement and development of housing; promote and affirmatively
further fair housing; and preserve assisted housing development for low-income
households; and
WHEREAS, on September 8, 2021, the Planning Commission held a discussion
to consider HCD’s review and recommendations and to discuss concepts that would
address those recommendations; and
WHEREAS, on September 20, 2021, the Planning Commission conducted a
discussion to review proposed revisions to the Draft Housing Element to address HCD’s
recommendations; and
WHEREAS, on September 24, 2021, Planning Commission conducted a duly
noticed public hearing, and after considering oral and written testimony, adopted a
Resolution of Recommendation, Resolution Number 21-011 (PCS), recommending to the
City Council that the City Council adopt the 6th Cycle Housing Element; and
WHEREAS, on October 12, 2021, the City Council conducted a duly noticed public
hearing to consider HCD’s comments and the recommendation of the Planning
Commission, and, after considering oral and written testimony, adopted Resolution
Number 11371 (CCS) adopting the 6th Cycle (2021-2029) Housing Element, which the
City transmitted to HCD for review and certification; and
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WHEREAS, on February 8, 2022, the City received a letter from HCD determining
that although the Adopted 6th Cycle Housing Element addressed “many statutory
requirements,” “revisions would be necessary to comply with State Housing Element
Law”; and
WHEREAS, the City immediately began efforts to address HCD’s letter, including
scheduling a teleconference with HCD staff on February 14, 2022 to determine the City’s
required next steps in order to achieve an HCD-compliant Housing Element and
conducting a Study Session with the Planning Commission on March 2, 2022; and
WHEREAS, after the February 14, 2022 teleconference, the City continued to meet
with HCD on a consistent basis in an effort to work toward addressing HCD’s concerns
to allow for the submission of a compliant Housing Element; and
WHEREAS, the City also initiated other efforts to bring the 6th Cycle Housing
Element into compliance, including an April 26, 2022 study session with Council, and
Study Sessions with the Planning Commission on May 11 and June 1, 2022; and
WHEREAS, in consideration of the comments received in the February 8, 2022
letter, consultations with HCD, and input received during study sessions with the City
Council and Planning Commission, City staff prepared draft redline revisions to the
Housing Element to primarily: 1) make technical revisions; 2) address affirmatively
furthering fair housing obligations; and 3) strengthen the City’s commitment to
development of affordable housing on City-owned sites; and
WHEREAS on June 15, 2022, the Planning Commission considered the draft
redline amendments to the 6th Cycle Housing Element in response to HCD’s comments,
that, among other things, made technical revisions, and proposed amendments to the
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element’s affirmatively furthering fair housing requirements and program related to City-
owned sites, made recommended revisions, and recommended that the City Council
direct staff to transmit the redline revisions to HCD for review; and
WHEREAS, on June 21, 2022, the City Council reviewed the draft revisions to the
6th Cycle Housing Element, made recommended revisions, and directed staff to transmit
to HCD for review and comment; 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, 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 22-018 (PCS) recommending that the City
Council adopt the amended the 6th Cycle Housing Element; and
WHEREAS, on September 26, 2022, in accordance with Government Code
Section 65585(b), the City posted the final draft of the amended 6th Cycle Housing
Element incorporating the Planning Commission’s recommendations for updated
implementation dates on the City’s website for public review, and emailed a link to all
individuals and organizations that previously requested notices relating to the City’s 6th
Cycle Housing Element; and
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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, between September 30, and October 13, 2022, the City received 15
preliminary applications for housing development projects pursuant to Government Code
Section 65941.1; and
WHEREAS, the applicants for the 15 housing development projects assert that the
projects are eligible for processing under the “builder’s remedy” provision of the Housing
Accountability Act (“HAA”), California Government Code section 65589.5(d), (the
“builder’s remedy applications”); and
WHEREAS, the builder’s remedy provision prohibits a local agency from
disapproving a housing development project, that provides at least 20 percent of total
units for very low, low-, or moderate-income households, or condition approval in a
manner that renders the housing development project infeasible for development for the
use of very low, low-, or moderate-income households unless the local agency is able to
make certain specific findings, including, but not limited to, the housing development
project is inconsistent with both the jurisdiction's zoning ordinance and general plan land
use designation as specified in any element of the general plan as it existed on the date
the application was deemed complete, and the jurisdiction has adopted a housing
element that is in substantial compliance with State Housing Element law; and
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WHEREAS, 14 of the 15 builder’s remedy applications propose housing
development projects are inconsistent with the City’s LUCE and Zoning Ordinance, in
part, because the housing development projects would far exceed height and floor area
ratio (“FAR”) maximums; 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
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
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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 for, among other things, consistency with the goals, policies and programs of
the 6th Cycle Housing Element; 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; and
WHEREAS, on April 11, 2023, the City Council adopted Ordinance Number 2742
(CCS), amending the text of the Zoning Ordinance for consistency with the goals, policies,
and programs of the 6th Cycle Housing Element, including, but not limited to, housing
development incentives such as increased height and FAR maximums in the City’s
nonresidential districts and streamlined ministerial approval processes for housing
projects that are consistent with the City’s objective standards; and
WHEREAS, the City desires to provide an alternative means of providing housing
on the sites subject to the builder’s remedy applications by allowing applicants to be
eligible for the housing development incentives resulting from Housing Element
implementation, including increased height and FAR maximums in the City’s
nonresidential districts and streamlined ministerial approval process, subject to certain
additional incentives related to offsite affordable housing requirements under the AHPP,
eligibility for density bonuses for projects that provide affordable housing offsite in
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accordance with the AHPP, including incentives and concessions, and waiver or
reduction of building standards, and parking maximums in the Downtown Community
Plan area; and
WHEREAS, in addition to permitting application of the Housing Element
implementation, these additional incentives will provide an alternative pathway for
applicants to propose housing development projects on the sites subject to the builder’s
remedy applications that would be consistent with the City’s LUCE and Zoning Ordinance,
or any applicable Specific Plan, including increased height and FAR maximums for
housing development projects in the City’s nonresidential districts as set forth the Housing
Element; and
WHEREAS, on May 17, 2023, the Planning Commission adopted a Resolution of
Intention, Resolution Number 23-010 (PCS), declaring its intention to consider
recommending to the City Council that the City Council amend the text of the Zoning
Ordinance to provide the incentives for housing projects located on sites subject to a
preliminary application in accordance with Government Code section 65941.1 that was
filed between September 30, and October 13, 2022; and
WHEREAS, on June 21, 2023, the Planning Commission conducted a duly-noticed
public hearing to consider its recommendation to the City Council; and
WHEREAS, on June 21, 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 23-011
(PCS), recommending that the City Council amend the text of the Zoning Ordinance to
provide incentives for housing projects located on sites subject to a preliminary
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application in accordance with Government Code section 65941.1 that was filed between
September 30, and October 13, 2022 based on the following findings:
1. The proposed amendments to the text of the Zoning
Ordinance are consistent with the General Plan and any applicable Specific
Plans in that the proposed amendments incentivize the production of
housing projects that are consistent with the General Plan and any
applicable Specific Plan on parcels that are subject to pending applications
for housing development projects that have asserted eligibility for
processing under the “Builder’s Remedy” provision of the Housing
Accountability Act (California Government Code section 65589.5(d)), that
were filed prior to certification of the City’s 6th Cycle (2021-2029) Housing
Element. These Builder’s Remedy applications do not comply with General
Plan or applicable Specific Plan standards for Floor Area Ratio or building
height. The new projects that may be submitted in accordance with the text
amendments would comply with General Plan and applicable Specific Plan
development standards for Floor Area Ratio and building height and provide
new deed-restricted affordable and market-rate housing units in Santa
Monica.
2. The proposed amendments to the text of the Zoning
Ordinance are consistent with the purpose of the Zoning Ordinance to
promote the growth of the City in an orderly manner and to promote and
protect the public health, safety, and general welfare in that the
amendments will incentivize the production of General Plan, Specific Plan,
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and Zoning Ordinance compliant housing on parcels that are subject to
pending applications for housing development projects that have asserted
eligibility for processing under the “Builder’s Remedy” provision of the
Housing Accountability Act (California Government Code section
65589.5(d)), that were filed prior to certification of the City’s 6th Cycle (2021-
2029) Housing Element. These Builder’s Remedy applications do not
comply with General Plan or Zoning Ordinance standards for Floor Area
Ratio or building height. The new projects that may be submitted in
accordance with the text amendments would comply with General Plan,
Specific Plan, and Zoning Ordinance development standards for Floor Area
Ratio and building height and therefore promote the orderly growth of the
City in a manner that protects public health, safety and general welfare in
comparison to projects that exceed General Plan, Specific Plan, and Zoning
Ordinance development parameters; and
WHEREAS, on October 12, 2021, the City Council certified the 6th Cycle Housing
Element Final Environmental Impact Report (SCH No. 20212269242021), and
subsequent to certification of the Housing Element EIR, the City revised the Housing
Element and prepared an addendum to the Housing Element EIR (“Housing Element
Addendum”); and
WHEREAS, although the certified Housing Element calls for, and the certified
Housing Element Suitable Sites Inventory (“SSI”) accommodates, 13,600 units, the
Housing Element Addendum “conservatively considers maximum theoretical buildout
with an additional 10-percent increase, for a total of 14,565 dwelling units”; and
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WHEREAS, therefore, the Housing Element Addendum provides a 965-unit buffer
to cover and analyze potential environmental effects for units proposed beyond those
accounted for in the certified Housing Element SSI; and
WHEREAS, the proposed amendments to the Zoning Ordinance will restrict the
density of the eligible projects (“Ordinance Projects”) (including the related offsite
affordable receiver sites) to no more than the unit capacity assumed in the SSI at the site
(the “SSI Credit”) plus any additional units beyond the SSI Credit so long as the additional
units collectively proposed for Ordinance Projects do not exceed the buffer of 965 units;
and
WHEREAS, as explained more fully in the staff report dated July 25, 2023
accompanying this Ordinance, since the proposed incentives for Ordinance Projects, with
the exception of the parking incentives for projects located within the Downtown, would
terminate upon issuance of Administrative Approval applications for a total of 965
additional units, the potential environmental impacts resulting from amendments to the
Zoning Ordinance have been adequately analyzed in the Housing Element EIR and
Addendum and do not trigger any of the conditions described in CEQA Guidelines Section
15162 that would require the preparation of a supplemental EIR or negative declaration
pursuant to CEQA Guidelines Section 15168(c); and
WHEREAS, on July 25, 2023, the City Council conducted a duly noticed hearing
to consider the findings and recommendations of the Planning Commission, and desires
to adopt the proposed Zoning Ordinance amendments as set forth below.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
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SECTION 1. Based upon the oral and written testimony presented to the City
Council at the public hearing on July 25, 2023, regarding the proposed changes to the
text of the Zoning Ordinance, the City Council hereby makes the following findings:
1. The amendments to the text of the Zoning Ordinance are
consistent with the General Plan and any applicable Specific Plans in that
the amendments incentivize the production of housing projects that are
consistent with the General Plan and any applicable Specific Plan on
parcels that are subject to pending applications for housing development
projects that have asserted eligibility for processing under the “Builder’s
Remedy” provision of the Housing Accountability Act (California
Government Code section 65589.5(d)), that were filed prior to certification
of the City’s 6th Cycle (2021-2029) Housing Element. These Builder’s
Remedy applications do not comply with General Plan or applicable Specific
Plan standards for Floor Area Ratio or building height. The new projects that
may be submitted in accordance with the text amendments would comply
with General Plan and applicable Specific Plan development standards for
Floor Area Ratio and building height and provide new deed-restricted
affordable and market-rate housing units in Santa Monica.
2. The amendments to the text of the Zoning Ordinance are
consistent with the purpose of the Zoning Ordinance to promote the growth
of the City in an orderly manner and to promote and protect the public
health, safety, and general welfare in that the amendments will incentivize
the production of General Plan, Specific Plan, and Zoning Ordinance
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compliant housing on parcels that are subject to pending applications for
housing development projects that have asserted eligibility for processing
under the “Builder’s Remedy” provision of the Housing Accountability Act
(California Government Code section 65589.5(d)), that were filed prior to
certification of the City’s 6th Cycle (2021-2029) Housing Element. These
Builder’s Remedy applications do not comply with General Plan or Zoning
Ordinance standards for Floor Area Ratio or building height. The new
projects that may be submitted in accordance with the text amendments
would comply with General Plan, Specific Plan, and Zoning Ordinance
development standards for Floor Area Ratio and building height and
therefore promote the orderly growth of the City in a manner that protects
public health, safety and general welfare in comparison to projects that
exceed General Plan, Specific Plan, and Zoning Ordinance development
parameters.
Section 2. Santa Monica Municipal Code Section 9.31.198 is hereby added to
read as follows:
9.31.198 Multiple-Unit Dwelling Projects Located on Certain Sites Subject to
Applications Filed Prior to Implementation of 6th Cycle (2021-2029)
Housing Element
The purpose of this section is to incentivize the production of housing on parcels subject
to applications for housing development projects that have asserted eligibility for
processing under the “builder’s remedy” provision of the Housing Accountability Act
(“HAA”), California Government Code section 65589.5(d), that were filed between
September 30, and October 13, 2022, prior to implementation of the 6th Cycle (2021-
2029) Housing Element.
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A. Applicability. Subject to the provisions of subsection G, below, this section shall
apply to new multiple-unit dwelling projects with applications filed between June 1, 2023
and two years after the effective date of this Section, on parcels that meet the following
requirements (“eligible projects”):
1. A preliminary application was filed for a housing development project
pursuant to Government Code Section 65941.1 between September 30, and October 13,
2022; and
2. The preliminary application asserted eligibility for processing under the
“builder’s remedy” provision of the Housing Accountability Act, Government Code Section
65859.5(d).
B. Development Standards. All eligible projects shall be subject to the development
standards established for the underlying zone.
C. Affordable Housing Production Program Requirements. All eligible projects
shall be subject to the provisions of Chapter 9.64, Affordable Housing Production
Program, except that the applicant for any eligible project may elect to satisfy the off-site
provisions of Chapter 9.64, as follows:
1. Applicant may offsite any or all of the affordable housing units associated
with an eligible project at any commercially or residential zoned parcel in the City (outside
of the Pico Neighborhood Area) consistent with the underlying General Plan and zoning
regulations (with available State Density Bonus Law benefits available under AB 1763
[Chapter 666, Stats. 2019]) for 100 percent affordable projects) provided there are no
existing residential units on the target offsite property (the “Offsite Affordable Option”).
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For purposes herein, the Pico Neighborhood shall be defined in the Figure 9.40.020.A:
“Pico Neighborhood Area”.
2. If the applicant elects the Offsite Affordable Option for an eligible project in
accordance with this subsection C, the following terms and conditions apply to the eligible
project:
a. Affordable Housing Units. The market rate eligible project shall
provide fifteen (15) percent of the total number of market rate base density (i.e.,
pre density bonus) units as offsite affordable housing units (i.e., five [5] percent
Very Low, five (5) percent Low and five (5) percent Moderate). The affordable
housing units for the Offsite Option shall not count as the basis to award a market
rate density bonus for the off-site project. However, the offsite units may be used
to qualify for density bonus benefits (e.g., density bonuses,
incentives/concessions, waivers of development standards and reduced parking)
for a one hundred percent affordable housing project at the offsite location(s).
Should the applicant elect to satisfy the affordable housing requirement onsite for
any of the eligible projects, it shall be fifteen (15) percent of the base density (i.e.,
pre-density bonus) project units.
b. State Density Bonus Benefits. If exercised, the Offsite Affordable
Option would enable the applicant to receive State Density Bonus Law benefits for
the eligible project (i.e., up to a fifty (50) percent market rate density bonus, three
(3) permitted incentives/concessions and additional waivers of development
standards) as if the affordable units were to be provided onsite.
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c. Timing for Completion. The Offsite Affordable project must receive
a certificate of occupancy prior to issuance of a certificate of occupancy for the
related market rate development. However, nothing shall prevent the market rate
building from obtaining a building permit and commencing construction concurrent
with or prior to the corresponding offsite affordable project.
D. Parking. Notwithstanding the provisions of Section 9.28.060(A), eligible projects
located in the Downtown Community Plan Area shall be subject to the following maximum
parking requirements:
1. Guest = 1 space per 15 units
2. Studio, no bedrooms = 1 space per unit
3. 1 bedroom = 1 space per unit
4. 2 or more bedrooms = 1 space per unit
E. Additional Requirements. Except as expressly provided in this Section, eligible
projects shall comply with the requirements set forth in Section 9.31.195, Multiple-Unit
Dwelling Projects.
F. Termination. This Section (with the exception of subsection D “Parking”) shall
terminate and be of no further force and effect upon issuance of administrative approvals
for 965 “additional units”. For purposes of this Section, “additional units” means the total
amount of units provided by one or more eligible projects, including market rate,
affordable, on-site and off-site units, that exceed the collective unit capacity allocated to
the properties associated with the eligible projects under the Suitable Sites Inventory for
the City’s 6th Cycle (2021-2029) Housing Element. This provision shall not impose any
limit on the number of units of the eligible projects (either individually or collectively) that
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do not utilize the offsite affordable housing benefits contained in this Section 9.31.198. In
addition, subsection D “Parking” shall survive termination of this Section and continue to
apply to any eligible projects identified in the settlement agreement located within the
Downtown Community Plan area.
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
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Approved and adopted this 22nd day of August, 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. 2755 (CCS) had its
introduction on July 25, 2023 and was adopted at the Santa Monica City
Council meeting held on August 22, 2023, by the following vote:
AYES: Councilmembers Brock, de la Torre, Parra, Torosis
Mayor Davis, Mayor Pro Tem Negrete
NOES: None
ABSENT: Councilmember Zwick
ATTEST:
_____________________________________ _________________
Denise Anderson-Warren, City Clerk Date
A summary of Ordinance No. 2755 (CCS) was duly published pursuant
to California Government Code Section 40806.
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10/9/2023