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Who Killed the Building? · Case brief · October 22, 2026

WS Communities Builder's Remedy Filings (Santa Monica)

Santa Monica · Los Angeles County · California · https://whokilledthebuilding.com/projects/santa-monica-ws-builders-remedy-2022

Between September 30 and October 13, 2022, in the two weeks before HCD certified Santa Monica's housing element on October 14, affiliates of WS Communities filed builder's remedy preliminary applications for 14 sites. Together they proposed 4,176 units, 836 of them affordable, in buildings of 10 to 18 stories; the largest, at 3030 Nebraska Avenue, proposed 1,601 units. The 16 builder's remedy filings made by all applicants in the city totaled 4,260 units. On May 9, 2023 the City Council voted 7-0 to approve a settlement. WS suspended 13 of the 14 applications and permanently withdrew three sites in residential zones. It agreed to refile the other ten as zoning-compliant density bonus projects, with 15 percent of base units affordable and allowed off-site. In return the city raised the downtown parking maximum from 0.5 to 1.0 space per unit and committed to decide completeness within 30 days and approval within 60, and Ellis Act and other suits between the city and WS's parent, NMS Properties, were settled or dismissed. Three tenants at 1242 10th Street received a right of return. The settlement excluded 1433 Euclid Street, whose outcome is not documented in the sources reviewed. In January 2024 The Registry reported that WS had handed 28 Los Angeles-area buildings and sites worth $1.1 billion to lenders through deeds in lieu of foreclosure. Successor owners have since filed density bonus projects under the settlement terms, including a proposed 34-story tower at 3030 Nebraska Avenue (2024) and 23-story and nine-story buildings that received CEQA exemptions in 2026.

Project facts

JurisdictionSanta Monica, Los Angeles County
StatusWithdrawn
Project typeMultifamily Rental
Address14 sites in Santa Monica, CA, including 3030 Nebraska Avenue and 1433 Euclid Street
Units proposed4,176
Affordable units836
Floors18
Date filedSeptember 30, 2022
Housing elementIn compliance (HCD)

Mechanism and what it did

Decision-making bodies

Santa Monica City Council

Timeline

DateEventWhat the record shows
September 30, 2022WS Files First Builder's Remedy ApplicationsFilings for 14 sites continue through Oct. 13, 2022. City of Santa Monica: https://santamonica.gov/builders-remedy
October 14, 2022State Certifies Santa Monica Housing ElementCertification closes the window for new builder's remedy applications. City of Santa Monica: https://santamonica.gov/builders-remedy
May 9, 2023Council Approves WS Settlement 7-0WS suspends 13 of 14 applications and will refile ten as zoning-compliant density bonus projects. Santa Monica Lookout: https://santamonicalookout.com/ssm_site/the_lookout/news/News-2023/May_2023/05_10_2023_Council_Approves_Agreement_That_Removes_Builders_Remedy_Projects.html
January 19, 2024WS Hands $1.1 Billion in Properties to LendersThe Registry reports deeds in lieu of foreclosure on 28 buildings and sites (date of report). The Registry: https://theregistrysocal.com/ws-communities-grapples-with-portfolio-setback-as-firm-concedes-los-angeles-properties-worth-1-1b-to-lenders/
August 23, 2024Madison Realty Plans 18-Story Tower at 1437 Sixth StreetThe proposal has 172 units. The Registry: https://theregistrysocal.com/madison-realty-capital-to-build-184-foot-high-rise-apartments-in-santa-monica/
September 12, 202434-Story Tower Proposed at 3030 NebraskaMadison Realty Capital, which took over much of the NMS portfolio, proposes 497 units, 74 of them affordable, plus 298 more. Santa Monica Daily Press: https://smdp.com/2024/09/12/34-story-development-proposed-to-become-citys-tallest-building/
September 18, 2025Owner Files Off-Site Affordable Building Under SettlementSMHC 23 LLC proposes a four-story building with 23 deed-restricted units at 1238 Seventh Street to meet another project's off-site requirement. City of Santa Monica: https://www.santamonica.gov/media/Document%20Library/Topic%20Explainers/Santa%20Monica's%20Housing%20Progress/25ENT-0188%20(1238%207th%20St)%20AA%20Application.pdf
June 3, 2026City Files CEQA Exemption for 23-Story Seventh Street TowerProject 25ENT-0189: 124 units plus 15 off-site affordable units under the settlement. CEQAnet: https://ceqanet.lci.ca.gov/2026060122
August 19, 2026City Files CEQA Exemption for 2901 Santa Monica BoulevardNine stories and 129 units, with four affordable on site and nine off site at 1238 Seventh Street. CEQAnet: https://ceqanet.lci.ca.gov/2026080647

Decisions

No decision records yet. Decision records are added from minutes, agenda packets, video, or rulings.

Sources

  1. WS Could Pull 13 Builder's Remedy Projects, Santa Monica Lookout, May 5, 2023 [News Article]. https://surfsantamonica.com/ssm_site/the_lookout/news/News-2023/May_2023/05_05_2023_WS_Could_Pull_13_Builders_Remedy_Projects.html
  2. City Hall proposes a deal to regain control of builder's remedy projects, Santa Monica Daily Press, May 8, 2023 [News Article]. https://smdp.com/2023/05/08/city-hall-proposes-a-deal-to-regain-control-of-builders-remedy-projects/
  3. Settlement Agreement, City of Santa Monica and WS entities, City of Santa Monica, May 9, 2023 [Other]. https://www.santamonica.gov/media/Attorney/Settlement%20Agreement%20WS-City.pdf
  4. Council Approves Agreement That Removes Builder's Remedy Projects, Santa Monica Lookout (Jorge Casuso), May 10, 2023 [News Article]. https://santamonicalookout.com/ssm_site/the_lookout/news/News-2023/May_2023/05_10_2023_Council_Approves_Agreement_That_Removes_Builders_Remedy_Projects.html
  5. California builder's remedy, CalMatters (Ben Christopher), June 5, 2023 [News Article]. https://calmatters.org/housing/2023/06/california-builders-remedy/
  6. WS Communities grapples with portfolio setback as firm concedes Los Angeles properties worth $1.1B to lenders, The Registry, January 19, 2024 [News Article]. https://theregistrysocal.com/ws-communities-grapples-with-portfolio-setback-as-firm-concedes-los-angeles-properties-worth-1-1b-to-lenders/
  7. Madison Realty Capital to build 184-foot high-rise apartments in Santa Monica, The Registry, August 23, 2024 [News Article]. https://theregistrysocal.com/madison-realty-capital-to-build-184-foot-high-rise-apartments-in-santa-monica/
  8. 34-story development proposed to become city's tallest building, Santa Monica Daily Press (Thomas Leffler), September 12, 2024 [News Article]. https://smdp.com/2024/09/12/34-story-development-proposed-to-become-citys-tallest-building/
  9. 25ENT-0188 (1238 7th St) application, City of Santa Monica, September 18, 2025 [Planning Document]. https://www.santamonica.gov/media/Document%20Library/Topic%20Explainers/Santa%20Monica's%20Housing%20Progress/25ENT-0188%20(1238%207th%20St)%20AA%20Application.pdf
  10. Notice of exemption, 25ENT-0189, CEQAnet, June 3, 2026 [Planning Document]. https://ceqanet.lci.ca.gov/2026060122
  11. Notice of exemption, 25ENT-0036 (2901 Santa Monica Boulevard), CEQAnet, August 19, 2026 [Planning Document]. https://ceqanet.lci.ca.gov/2026080647
  12. City Council approves settlement with WS; majority of builder's remedy projects are pulled from the pipeline, Santa Monica Next [News Article]. https://santamonicanext.org/2023/05/city-council-approves-settlement-with-ws-majority-of-builders-remedy-projects-are-pulled-from-the-pipeline
  13. Builder's Remedy, City of Santa Monica [Planning Document]. https://santamonica.gov/builders-remedy

Data quality

Rating 3 of 5. Multiple sources, including at least one primary record. Corrections: https://whokilledthebuilding.com/corrections.