City Council
Report
City Council Meeting: January 10, 2023
Agenda Item: 10.C
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To: Mayor and City Council
From: David Martin, Director, City Planning
Subject: Introduction and Adoption of Proposed Emergency Interim Zoning Ordinance to Extend Interim Zoning Regulations Allow Certain 100% Affordable Housing Projects to Request Waivers or Reductions of Development Standards Pursuant to State Density Bonus Law.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding that no subsequent environmental review is required pursuant to California Environmental Quality Act (CEQA) Guidelines § 15162 based on a determination that the proposed project was analyzed as part of the 2021-2029 6th Cycle Housing Element Environmental Impact Report (EIR) [SCH No. 20212269242021] that was certified by Council on October 12, 2021 with an Addendum to the EIR approved on October 11, 2022.
2. Introduce and adopt an emergency interim zoning ordinance to extend interim zoning regulations adopted by Emergency Interim Zoning Ordinance No. 2732 (CCS) to allow qualifying 100% affordable housing projects that receive unlimited density and up to three stories or 33 feet in additional height under State Density Bonus Law to request additional waivers or reductions of development standards.
Executive Summary
At its meeting on December 13, 2022, the City Council introduced and adopted Emergency Interim Zoning Ordinance No. 2732 (CCS) to allows certain 100% affordable housing projects, except in the Pico Neighborhood Area as outlined in Santa Monica Municipal Code Figure 9.40.020.A, to request waivers or reductions of development standards pursuant to State Density Bonus Law. The interim zoning regulations provided in Emergency Interim Zoning Ordinance No. 2732 (CCS) will expire on February 11, 2023 unless extended by the City Council. The proposed 2 of 4
Emergency Interim Zoning Ordinance (Attachment “A”) recommends an extension of the interim zoning regulations until May 31, 2023 to allow time to study and adopt permanent regulations as part of Housing Element implementation.
Discussion
As described more fully in the Council staff report for the December 13, 2022 public hearing (Attachment “C”), the purpose of the Emergency Interim Zoning Ordinance (“IZO”) is to remove potential barriers to production of 100% affordable housing projects on an interim basis while the City continues implementation of adopted Housing Element programs. Housing Element implementation, which is scheduled to be presented to the City Council in Spring 2023, includes comprehensive rezoning and process streamlining as set forth in required 6th Cycle Housing Element Programs including but not limited to 1F (Downtown standards), 1J (Citywide standards), 2C (AHPP Update), and 2D (State Density Bonus).
More specifically for purposes of the proposed Emergency IZO, Housing Element Program 2D requires revisions to the City’s Density Bonus Ordinance to ensure consistency with recent changes in State Density Bonus Law, California Government Code Section 65915 et seq.
As part of its adoption of the IZO on December 13th, the Council specified that the authorization to seek waivers or reductions of development standards for certain 100% affordable housing projects does not apply in the Pico Neighborhood Area, as outlined in Santa Monica Municipal Code Figure 9.40.020.A, during this interim period. Staff will further evaluate the concern expressed regarding potential overconcentration of 100% affordable housing projects in the Pico Neighborhood Area as part of its work on the 6th Cycle Housing Element implementation program that will be presented to City Council later this year.
The proposed extension of the Emergency Interim Zoning Ordinance is now presented to the City Council for introduction and adoption with a recommended expiration of May 31, 2023 to allow time for such study and implementation. 3 of 4
Environmental Review
The proposed adoption of an Emergency IZO to allow a request for waivers of development standards in conjunction with a 100% affordable housing project utilizing State Density Bonus Law provisions was analyzed as part of the 2021-2029 6th Cycle Housing Element Environmental Impact Report (EIR) [SCH No. 20212269242021] that was certified by Council on October 12, 2021, with an Addendum to the EIR approved on October 11, 2022. This approval of an Emergency IZO implements a portion of that 6 th Cycle Housing Element project.
An analysis has been performed pursuant CEQA Guidelines § 15162 to determine whether subsequent environmental review is required for the adoption of an Emergency IZO to allow a request for waivers of development standards in conjunction with a 100% affordable housing project utilizing State Density Bonus Law provisions. Based upon this analysis, the following findings are made to support the determination that no subsequent environmental review is required:
1) No substantial changes are proposed in the project which will require major revisions of the previous EIR and Addendum due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. In this case, there are no changes to the project.
2) No substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous addendum due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. In this case, no substantial changes have occurred.
3) There is no new information, which was not known and could not have been known at the time of the previous EIR and Addendum that the project will have significant effect not discussed in the EIR and Addendum. 4 of 4
Based upon these findings, it has been determined that no further environmental documentation is required for this project.
Past Council Actions
Meeting Date Description
10/11/2022
(Attachment B)
Adoption of Resolution Amending the 6th Cycle (2021-2029) Housing Element to the City’s General Plan and Approval of Addendum to the Final Environmental Impact Report for the 6th Cycle (2021-2029) Housing Element
12/13/2022
(Attachment C)
Introduction and Adoption of Emergency Interim Zoning
Ordinance No. 2732 (CCS)
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action.
Prepared By: Roxanne Tanemori, Principal Planner
Approved Forwarded to Council
Attachments:
A. Attachment A Ordinance Density Bonus for Affordable Housing 011023 B. Attachment B Link to 10-11-2022 Council Meeting
C. Attachment C Link to 12-13-2022 Council Meeting