City Council Limits Size and Height of New Development, Exempts “Preferred” Projects

By Olin Ericksen
Staff Writer

October 4 – It’s official. Santa Monica has become perhaps the first, and maybe the only, city in the state to drastically limit the size of new development in an effort to head off a controversial state proposition that could impact the power of cities to dictate development.

The City Council Tuesday night voted 4 to 1 to approve on second reading a measure to redefine and limit building heights and sizes in most residential areas and smaller commercial districts, unless they are the kind of projects the city would like to see more of, such as affordable housing.

Mayor Bob Holbrook, who had voted for the measure on first reading the week before, abstained with no comment.

The exempted developments – or “preferred projects” – may be built up to existing height and size limits in those areas.

While they said the measure is not technically a “down-zoning,” City officials contend the move will give them more control over development, discouraging what many have said is a substantial influx of condominiums and larger projects, while also staving off the statewide Anderson Initiative.

That initiative – which requires payment of just compensation for “government actions that result in substantial economic loss to private property," including down-zoning -- could make it dramatically more expensive for cities to limit the size of buildings, City officials warn.

The City, council members argued, can always increase the size of buildings allowed in an area if voters approve the Anderson Initiative November 7.

When the ordinance passed on first reading a week ago, Council member Herb Katz, an architect who cast the lone dissenting vote, said he believed the council’s action was not fully thought through.

The move, he said, rushed the process to update Santa Monica’s Land Use and Circulation Element, or LUCE, which has been gathering community input for two years.

“I believe we’ve got gone too far too fast, with no research,” Katz said.

Although City consultants have said the new system will encourage more housing, Katz and other developers present at the September 26 meeting argued it could have the opposite effect, adding to the City’s already critically shortage of housing.

Other council members countered that, although they would have liked to pass the zoning changes without the pressure of Anderson, the result is a well thought-out plan.

“I firmly believe we needed the kick that Anderson provided,” said Council member Pam O’Connor of the process to rezone the City.

Tuesday’s final vote comes two weeks after council members took up the issue, but could not decide on what set of incentives should make the preferred project list.

The list now includes a range of developments, including 100 percent affordable housing projects, projects that retain historic structures, child-care centers, domestic violence shelters, supportive “congregate housing” and homeless shelters with fewer with 55 beds.

Senior housing and senior group homes and transitional housing are also included, according to the ordinance.

Houses of worship and high density, market-rate apartments and condominium buildings -- where 25 percent of the residential units are three bedrooms or larger, and 66 percent of the remaining residential units are two bedrooms -- also made the list, but only for commercial districts.

However the apartment or condo projects must be more eco-friendly, receiving a rating of silver or higher, according to the United State Green Building Council (USGBC)

Depending on the particular zone, some projects may be required to apply for additional permits.

The new development standards would considerably lower allowable building sizes and heights for non-preferred projects.

In residential areas zoned R3, for instance, a higher density multi-family district than R2 zones, developers must limit their buildings to two stories, or 23 feet. By comparison, preferred projects in the R3 zones could be as tall as three stories, or 35 feet, which had been the standard.

In residential areas zoned R2, the lowest density zone other than single-family home districts, or R1, developers must limit all buildings to two stories, or 23 feet, without exception, retaining the current standards.

Building heights would also remain the same in R4 zones, which are even higher density multifamily areas, where buildings can continue to rise as high as four stories or 40 feet, without exception.

Developers may pack more units into preferred projects as well.

In R2 zones, the council is allowing one unit for each 1,500 square feet of land, allowing more units on site than in non-preferred projects. Non-preferred projects would require 2,000 square feet of land per unit or four units, whichever is less.

Many developers have argued that, with parking factored in, they may choose to build three more spacious units to get more bang for their buck.

Some planning commissioners have also wondered if the math would pencil out for builders.

In R3 districts, preferred projects would require 1,250 square feet of land per unit, compared with 1,500 square feet for non-preferred projects.

In R4 districts, the density will remain the same at 900 square feet of land per unit, except on Pico Boulevard, where fewer units will be allowed.

To bypass a lengthy review process by the Planning Commissions and the City Council on appeal, R2 projects must be less than 15,000 square feet on 50 by 100 square foot lots.

R3 projects may bypass a lengthy review process if they are less than 22,500 square feet on 50 by 100 Square foot lots, while the development review threshold for R4 projects is 25,000 square feet.

Excluding much of the Downtown, many smaller commercial districts will also be affected by the development changes, with specific changes planned for each individual district including, Montana, Main Street, Ocean Park and Pico Boulevards.