standards unless the City determines that the project would have a quantifiable, specific, adverse effect on public health and safety. (Gov’t Code § 65589.5(j).) The intent of the HAA is to ensure that local governments do not reject or reduce the size of housing applications that comply with objective zoning standards.
The time delay and cost resulting from the discretionary review process has historically been a significant housing production barrier in Santa Monica. Given the very limited discretion afforded to cities for code-compliant housing applications under the HAA, and in an responsible effort to spur housing production, on March 10, 2020, the City Council adopted the IZO authorizing 100% affordable and code-compliant housing projects to be reviewed and approved through a streamlined AA process. As a result, strictly code-compliant housing projects proposed in the City now receive a more predictable and expedient review, as compared to the burdensome, time consuming and costly discretionary Development Review Permit (“DRP”) process. Previously extended on August 25, 2020, the IZO would expire on January 31, 2022, under current emergency orders.
In adopting and subsequently extending the IZO, the City recognized it is meaningless and counterproductive to subject HAA-protected housing applications to public hearings and processing delays in light of the City’s clear obligation under State law to approve those code-compliant housing applications. Without local discretion or the authority to deny or reduce a code-compliant housing application’s density, the City wisely dispensed with the DRP’s hollow and pointless--yet cumbersome and time consuming--review process.
The Sixth Cycle Housing Element was adopted by the Santa Monica City Council on a 5-2 vote on October 12, 2021, setting forth an eight-year housing strategy to achieve Santa Monica’s total RHNA allocation of 8,895 units. A key component of this strategy is Program 1A (titled “By-Right Approvals for Housing Projects”), which requires the City to make permanent amendments to the Zoning Ordinance to implement the IZO no later than March 31, 2022. Program 1A also unambiguously states:
“The City shall extend interim zoning amendments for
process thresholds pending the full implementation of this program.” (Emphasis added.)
The City transmitted the adopted Sixth Cycle Housing Element – leading with Program 1A – to the California Department of Housing and Community Development (“HCD”) on November 10, 2021. The document is currently pending legal review and comment as part of HCD’s certification process. (Gov’t Code § 65585(h).) Item 7.F
01/25/22
Item 7.F
01/25/22
Item 7.F
01/25/22
7.F.i
Packet Pg. 374 Attachment: Written Comments (4808 : Extend IZO Related to Process Thresholds for Housing Projects (20 mins)) Santa Monica City Council
January 25, 2022
Policy benefits of streamlined processing aside, at this point, the City has legally committed itself to extending the IZO pursuant to Program 1A of the Housing Element.
Reneging on a fundamental production program before the Sixth Cycle Housing Element is even certified would render the 6th Cycle Housing Element legally vulnerable.
Watering down the IZO by exempting larger projects, as some have suggested, would only undermine the Housing Element’s clear commitment to production and shake the State’s faith in Santa Monica’s commitment to truly meeting its RHNA obligation. We cannot think of a worse message to communicate to HCD during its legal review of the Housing Element than reversing course on quite literally the document’s very first housing production goal.
Therefore, we urge the City Council to adopt the staff recommendation and extend the IZO through May 31, 2022, at which point the changes should become permanent as required by Housing Element Program 1A. Extending the streamlined process in place under the existing IZO will support the City’s urgent need to facilitate the production of housing and demonstrate commitment to 6th Cycle Housing Element’s long-term housing production strategy.
Very truly yours,
Kenneth L. Kutcher
KLK:sna
cc: David White
Joe Lawrence
Alan Seltzer
Heidi von Tongeln
David Martin
Jing Yeo
SMHC Board of Directors
Item 7.F
01/25/22
Item 7.F
01/25/22
Item 7.F
01/25/22
7.F.i
Packet Pg. 375 Attachment: Written Comments (4808 : Extend IZO Related to Process Thresholds for Housing Projects (20 mins)) Extension of Interim Zoning Ordinance (IZO)
Process Thresholds for Housing Projects
City Council Meeting
January 25, 2022
7.F.j
Packet Pg. 376 Attachment: PowerPoint Presentation (4808 : Extend IZO Related to Process Thresholds Purpose
Amend and Extend Interim Regulations allowing housing projects without public hearing through May 31, 2022:
1. 100% Affordable Housing Projects
2. Tier 2 Housing Projects subject to the Housing Accountability Act
3. Residential Leasing Requirements: delete deed restriction requirement Extending the Existing IZO would:
Sustain the current Streamline Review Process for certain housing projects pending certification & implementation of adopted 2021-2029 Housing Element
Allow Adequate Time for Council to Amend the Housing Review Process in the ZO consistent with Program 1A of the Adopted 6th Cycle Housing Element (By-right approvals for housing projects)
7.F.j
Packet Pg. 377 Attachment: PowerPoint Presentation (4808 : Extend IZO Related to Process Thresholds Background | Housing Accountability Act (HAA)
Severely Restricts Discretionary Review of codecompliant Housing Projects • Prohibits Ability to Deny or Reduce Density of a
code-compliant Housing Project
• Denial requires finding that Project results in Specific Adverse Effect on Public Safety/Welfare
HAA defines “housing
project” as:
1) Residential units only
2) Mixed-use
developments consisting
of residential and
nonresidential uses with
at least two-thirds of the
square footage
designated for
residential use
3) Transitional housing or
supportive housing
7.F.j
Packet Pg. 378 Attachment: PowerPoint Presentation (4808 : Extend IZO Related to Process Thresholds Background | Santa Monica Housing Policy
• Core Policy Focus: Support for Housing Production
• 100% Affordable Housing Projects and Market-Rate Housing • Housing Production is Embedded in City’s Adopted Land use Plans:
• 2010 Land Use and Circulation Element (LUCE)
• 2013 Bergamot Area Plan (BAP)
• 2017 Downtown Community Plan (DCP)
• Implemented through the 2015 Zoning Ordinance Update
• October 2021 6th Cycle Housing Element Update
7.F.j
Packet Pg. 379 Attachment: PowerPoint Presentation (4808 : Extend IZO Related to Process Thresholds Background | Santa Monica Housing Policy
2010 Land Use and Circulation Element (LUCE)
• Established Tiered Land Use System
• Housing Incentives
• Housing projects with 100% residential above ground floor received Increased Height & FAR compared to all other
projects
• Established Review Process for Tier 1, Tier 2, and
Tier 3 projects
• Established by-right process for Tier 1
• Established public hearing requirement for Tier 2
• 100% Affordable Housing Projects: Administrative
Review of projects 50 units or less
What is a Tier?
The LUCE created a tiered
land use system based on
increments of height and
floor area ratio (FAR).
• Tier 1 establishes a
base height and FAR
• Tier 2 establishes
additional height and
FAR that can be
requested if
community benefits
are provided
7.F.j
Packet Pg. 380 Attachment: PowerPoint Presentation (4808 : Extend IZO Related to Process Thresholds Background | Santa Monica Housing Policy
2017 Downtown Community Plan (DCP)
• Housing-focused specific plan providing incentives for housing instead of commercial projects
• Streamlined process for housing projects up to 75,000 sf (regardless of Tier) – no public hearing
• Public hearing for larger projects
• More height and floor area ratio for housing projects • Amended August 2020 – added additional housing production incentives
• Tier 3 housing projects – Eliminated Development Agreement requirements for Tier 3 projects over 90,000 sf and replaced with Development Review Permit (public hearing required)
7.F.j
Packet Pg. 381 Attachment: PowerPoint Presentation (4808 : Extend IZO Related to Process Thresholds Background | Prior City Council Actions
• December 10, 2019 - Council Study Session on Housing Policy • In response to State and Regional directives to increase housing production • Council Direction: staff to proceed with efforts supporting housing production, particularly 100% affordable housing projects.
• March 10, 2020 - Council Adoption: Permit Streamlining Emergency IZO • 100% Affordable Housing Projects
• Tier 2 Housing Projects [compliant with HAA]
• August 25, 2020 - IZO Extended
• Separate Item Adopted: Residential Leasing Regulations [SMMC Chapter 6.22] • January 31, 2022 - IZO Expires
7.F.j
Packet Pg. 382 Attachment: PowerPoint Presentation (4808 : Extend IZO Related to Process Thresholds Applicability & Requirements of IZO
• Applies to:
• 100% Affordable Housing Projects
• Tier 2 code compliant housing projects
• Tenants must be natural persons
• Unit must be tenants’ primary residence
• Leases must be minimum 1 year term
• Units shall be unfurnished
• Requirements
• Community meeting prior to submitting application for Administrative Approval
• Preliminary review by ARB prior to approval of project • Formal design review by ARB still required
7.F.j
Packet Pg. 383 Attachment: PowerPoint Presentation (4808 : Extend IZO Related to Process Thresholds Streamlined Review of 100% Affordable Housing Projects
Existing ZO: 100% Affordable Housing Projects over 50 units require public hearing (except in DCP)
Streamlined Review necessary to support Housing Providers with meeting lending deadlines/developing Affordable Housing projects
7.F.j
Packet Pg. 384 Attachment: PowerPoint Presentation (4808 : Extend IZO Related to Process Thresholds Streamlined Review of Housing Projects
State Housing Crisis | COVID-19 Pandemic
• Discretionary Process presents risk & uncertainty for housing developers
• Housing Accountability Act affords narrow jurisdiction over housing projects protected by HAA
• Raises questions regarding purpose of public hearings if City has essentially no ability to disapprove project
7.F.j
Packet Pg. 385 Attachment: PowerPoint Presentation (4808 : Extend IZO Related to Process Thresholds Streamlined Review of Housing Projects
Adopted 2021-2029 Housing Element (pending certification) • Housing Element RHNA allocation of 8,895 units
• Housing Projects in SM (past 5 years): 200 units/year (20% affordable) • 2021-2029 Housing Element projected need: 1,100 units/year (69% affordable) • Housing Element Program 1A – By-Right Approval of Housing Projects Extending IZO would provide streamlined review process to support housing production necessary to meet 2021-2029 Housing Element targets
7.F.j
Packet Pg. 386 Attachment: PowerPoint Presentation (4808 : Extend IZO Related to Process Thresholds Amend IZO for Consistency with Residential Leasing Regulations • Chapter 6.22 - Residential Leasing Requirements enacted in October 2020
• Ensures units are for long-term resident use
• IZO leasing requirements pre-dated Chapter 6.22
Remove IZO Deed Restriction requirement:
• No longer necessary now that Residential Leasing
Requirements are now established in Chapter 6.22 that would serve purpose of deed restriction
7.F.j
Packet Pg. 387 Attachment: PowerPoint Presentation (4808 : Extend IZO Related to Process Thresholds Recommendation
Introduction & Adoption of Emergency IZO
Extend Interim Regulations authorizing 100% affordable housing projects and Tier 2 housing projects subject to the Housing Accountability Act to be review through an Administrative Process
7.F.j
Packet Pg. 388 Attachment: PowerPoint Presentation (4808 : Extend IZO Related to Process Thresholds
13.A
January 25, 2022
Council Meeting: January 25, 2022 Santa Monica, California 1 of 1
CITY CLERK’S OFFICE - MEMORANDUM
To: Mayor and City Council
From: Denise Anderson-Warren, City Clerk, Records & Elections Services Department
Date: January 25, 2022
13.A Confirmation and appointment of Paul Winnemore as the joint selection of the Santa Monica Police Chief and the Santa Monica Police Officers Association as the ex officio and non voting member to the Public Safety Reform and Oversight Commission
13.A
Packet Pg. 389
1 Vernice Hankins
From: Attorney Mailbox
Sent: Tuesday, January 25, 2022 3:31 PM
To: councilmtgitems
Subject: FW: Agenda Item 13A -- PSROC Discussion
‐‐‐‐‐Original Message‐‐‐‐‐
From: Peter DiChellis <[email protected]>
Sent: Tuesday, January 25, 2022 1:58 PM
To: Phil Brock <[email protected]>; Gleam Davis <[email protected]>; Oscar de la Torre <[email protected]>; Sue Himmelrich <[email protected]>; Kristin McCowan <[email protected]>; Lana Negrete <[email protected]>; Christine Parra <[email protected]>
Cc: Attorney Mailbox <[email protected]>; Ramon Batista <[email protected]>; POA <[email protected]>
Subject: Agenda Item 13A ‐‐ PSROC Discussion
EXTERNAL
To: City Council Members
cc: Police Chief, SMPOA, City Attorney
Hello,
I learned of agenda discussion item 13A (added yesterday) only today, so please forgive the tardiness of my commentary.
As a resident, I strongly support including a police representative on this commission, and will add that I believe the representative should be accorded full voting rights. This is because a representative jointly selected by the Police Chief and SMPOA likely knows more than the rest of the commissioners combined about police practices and reform opportunities.
On a related note, I saw in a recent news article that some PSROC commissioners believe they are destined to fail unless provided far more resources than is typical for City Boards and Commissions. I hope the City will inform these “ready‐to‐ fail” commissioners they are free to resign.
Alternatively, disband the commission entirely and reallocate the resources to SMPD and the City Attorney, with a directive to use the funds for crime prevention and criminal prosecution.
Thank you,
Peter DiChellis
951 ‐ 16th St., #4 ‐ 90403
310‐453‐6559
[email protected]
13.A.a
Packet Pg. 390 Attachment: Written Comments (4955 : Confirm Appointment of PD/POA non-voting member to PSROC) City Council Report
City Council Meeting: January 25, 2022
Agenda Item:
1 of 1
To: Mayor and City Council
From: Denise Anderson-Warren, City Clerk, Records and Election Services Department
Subject: Written Public Input
Prepared By: Esterlina Lugo, Deputy City Clerk
Approved Forwarded to Council
Attachments:
A. Written Comment
Packet Pg. 391
1 Vernice Hankins
From: Yahoo! <[email protected]>
Sent: Monday, January 17, 2022 6:13 PM
To: councilmtgitems
Subject: Parking Lots by the Promenade
EXTERNAL
I have tried other venues to discuss this issue but no results so far. Hopefully this time somebody will listen. I spend most of my time on the Promenade. I think it is the best place in Americ. However, lately there has been some problems that should be fixed to keep the Promenade at its best.
Managing the parking structures is very bad and it is deteriorating the convenience element of those structures. For weeks I have noticed that the operation mechanisms of those structures have been broken and the resulting damages are very significant. Wait lines waste sometimes 45 minutes to an hour of everybody's time. I think solving this problem is very simple which would bring the City so much revenues and lessen the frustration of the people who use these parking structures.
Item 14
1/25/22
1 of 2 Item 14
1/25/22
14.a
Packet Pg. 392 Attachment: Written Comment (4964 : Written Public Comment) 1 Vernice Hankins
From: Weston Richards <[email protected]>
Sent: Wednesday, January 19, 2022 8:51 PM
To: councilmtgitems
Subject: Police Patrol
EXTERNAL
The Delaware Avenue Apartments in Santa Monica have become a base for organized criminal activity and drug sales. The police need to patrol this building regularly.
It is believed that gang members and the like actually rent a good percentage of this complex. It is poorly managed and has become a haven for crimes.
Please patrol 2032‐ 2106 Delaware Avenue Apartments.
Item 14
1/25/22
2 of 2 Item 14
1/25/22
14.a
Packet Pg. 393 Attachment: Written Comment (4964 : Written Public Comment)