City Council
Housing Element Implementation
March 21, 2023
Tonight's Agenda
1. Review Council’s prior direction on amendments to implement the Housing Element – highlights of changes
2. Recommend City Council adoption of the following:
• Amendments to implement Housing Element programs
o Land Use and Circulation Element
o Downtown Community Plan
o Bergamot Area Plan
o Zoning Ordinance
o General Plan Land Use Map and (Zoning) Districting Map • Finding that amendments were analyzed as part of the 2021-2029 6thCycle Housing Element EIR
• Emergency IZOto extend administrative processing thresholds for 100% affordable housing and certain Tier 2 housing projects
o Current IZO expires on March 31, 2023; extend until June 30, 2023 to provide time for HE implementation to become effective
• Finding that Emergency IZOis categorically exempt pursuant to Section 15061(b)(3) Study Session Recap – Feb 22 and 28
• Council reviewed proposed amendments to LUCE, BAP, DCP, and ZO to implement Housing Element programs:
Program Name Implementation
Deadline
Streamlined Process for Housing Projects
Program 1.A (By-Right Approvals for Housing Projects) 10/15/24 Program 1.B (Streamline the Architectural Review Process) 10/15/24 Rezoning for Housing
Program 1.F (Revise Downtown Community Plan Standards) 10/15/23 Program 1.J (Revising Development Standards for Housing Projects) 10/15/23 Program 2.C (Update the City’s AHPP - Part 1) 10/15/23
Program 2.D (Update Density Bonus Ordinance) 10/15/23
Program 4.A (Permit Multi-Unit Housing in Non-Residential Zones where Currently Not Permitted) 10/15/24 Special Standards to Encourage Housing Production
Program 1.C (Incentivize Housing on Surface Parking Lots in Residential Zones) 10/15/24 Program 2.A (Establish a Moderate-Income Housing Zoning Overlay) 10/15/24 Program 2.E (Affordable Housing on City-owned sites) 6/30/23 and ongoing Program 4.B (Housing on Surface Parking Lots Owned by Community Assembly Uses), 10/15/24 Program 4.C (Incentives for Additional ADUs in R1 Zones) 10/15/24 Consistency with State Law (Regardless of Implementation Deadline, the following are required for compliance with State Law already in effect) Program 1.D (Reduce Minimum Parking Requirements for Housing Projects) and Assembly Bill 2097 (“AB 2097”) Program 1.G (Incentivize and Facilitate the Development of ADUs) Program 4.E (Incentives for SB9 Units in R1 Zones)
Senate Bill 478 (SB 478) FARs in Multi-Unit and Mixed-Use Zones Reconciliation of LUCE/Zoning Map Inconsistencies
Policy Questions – Highlights of Council Direction
Council directed staff to return with amendments to the LUCE, DCP, BAP, Zoning Ordinance, and Maps to implement HE with further changes as follows:
Downtown AA Threshold – Change from 90,000 square feet (sf) project size to a site size of 1 acre (consistent with rest of City)
SB9 projects – Waive Affordable Housing Production Program development impact fee Additional Council Direction
Council directed staff to:
Submit a letter to HCD requesting technical assistance regarding upzoning of the Neighborhood Commercial (NC) Zone;
• Draft letter is currently under internal review
• Final letter will be published on City’s Housing Element webpage Mitigate NC upzoning concerns by adding lot consolidation limits to NC zones on Main St, Montana Ave, Ocean Park Blvd, and Pico Blvd (except SSI sites) Propose AA streamlining timelines
Additional Council Direction
Amendments for NC Lot Consolidation:
• Apply limit of 15,000 sf
o Based on review of past projects in mixed use and commercial zones 6 out of 17 housing projects built in last 10 years were on 15,000 sf lots, 2 were on smaller parcels in the downtown
o Criteria used in Suitable Sites Inventory as minimum needed for housing o 15,000 sf was studied in feasibility analyses
o Balances existing commercial activity with housing opportunities Main Street Ocean Park Blvd Pico Blvd Montana Ave
Lot Count % Lot Count % Lot Count % Lot Count %
Under 15,000 SF 87 94% 39 72% 94 87% 75 90%
15,000 SF and
Greater 6 6% 15 28% 14 13% 8 10%
AVERAGE SIZE 5772 12436 7690 8124
• Does not apply to properties identified on the SSI (3 sites on Pico Blvd due to common ownership)
Additional Council Direction
• Return with options to further streamline processing of projects as part of Program 1A Streamlined Approvals
• Opportunities to further streamline by establishing timelines • Staff proposes administrative guidelines based upon SB330:
Application Submittal
Completeness (SB330)
30 days
Code Compliance Review
(SB330)
30 days – Project >150 units
60 days – Project <150 units
Subsequent Turn Around
Comments After Revised Plans
30 days – Project >150 units
60 days – Project <150 units
Timeline for Determination
(after code compliant)
30 days
(Staff proposal beyond SB330 requirements)
ARB Review
• ARB Review
• Consolidated to a formal review before approval
• Proposed to occur during compliance review once project is deemed sufficiently code compliant (e.g. complies with building envelope standards such as FAR, building height, and modulation standards) • Reduced project detail requirements
Emergency IZO to Extend Streamline Approvals
• On April 12, 2022, Council adopted IZO 2692 extending interim procedures to administratively process 100% affordable housing projects and Tier 2 HAA compliant projects less than 1 acre • Due to expire March 31, 2023 before effective date of ZO changes for HE implementation
• Staff recommends extension to June 30, 2023
Amendments to Staff Report Attachments
FIXED TYPOGRAPHICAL ERROR
Title to Attachment B, Resolution Amending Bergamot Area Plan, shall be amended to read as follows:
A RESOLUTION OF THE CITY COUNCIL PLANNING COMMISSION OF THE CITY OF SANTA MONICA RECOMMENDING TO THE CITY
COUNCIL THAT THE CITY COUNCIL AMENDING THE BERGAMOT AREA PLAN FOR CONSISTENCY WITH THE GOALS, POLICIES AND PROGRAMS SET FORTH IN THE 6TH CYCLE HOUSING ELEMENT
ADDED APPLICABILITY LANGUAGE FOR CLARITY
Section 2 of Attachments A, Resolution Amending LUCE, B Resolution Amending Bergamot Area Plan, and C, Resolution Amending Downtown Community Plan, shall be amended to read as follows:
SECTION 2. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. Notwithstanding its effective date, the provisions of this Resolution shall apply to any application for a planning entitlement, building permit, including plan check, submitted on or after June 1, 2023.
Section 5 of Attachment D, Ordinance Amending the Zoning Ordinance, shall be amended to read as follows:
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. Notwithstanding its effective date, the provisions of this Ordinance shall apply to any application for a planning entitlement, building permit, including plan check, submitted on or after June 1, 2023.
Staff Recommends:
• Adopt amendments to implement Housing Element programs o Land Use and Circulation Element
o Downtown Community Plan
o Bergamot Area Plan
o Zoning Ordinance
o General Plan Land Use Map and (Zoning) Districting Map • Adopt a finding that amendments were analyzed as part of the 2021-2029 6th Cycle Housing Element EIR
• Adopt Emergency IZOto extend administrative processing thresholds for 100% affordable housing and certain Tier 2 housing projects
o Current IZO expires on March 31, 2023; extend until June 30, 2023 to provide time for HE implementation to become effective
• Adopt a finding that Emergency IZOis categorically exempt pursuant to Section 15061(b)(3)
LUCE/Zoning Map Inconsistencies
• Approximately 40 parcels identified with inconsistency between LUCE land use designation and Zoning
classification
• 6 parcels are on SSI
• Proposed amendments guided by State law
• SB330 prohibits reducing intensity of land use below what was in effect as of January 1, 2018
• State density bonus law requires that where there is inconsistency between General Plan land use designation and Zoning, that greater shall prevail
LUCE/Zoning Map Inconsistencies
LUCE/Zoning Map Inconsistencies
Address LUCE Designation Zoning Designation Existing Development Recommended Change 1811 Warwick Ave Low Density
Housing
R1 Single-Unit Res. ZONE Change: R2
LUCE Map Zoning Map
LUCE/Zoning Map Inconsistencies
Address LUCE Designation Zoning Designation Existing Development Recommended Change 1808 34th St Low Density
Housing
R1 Single Unit Residence ZONE Change: R2
LUCE Map Zoning Map
LUCE/Zoning Map Inconsistencies
1998 Zoning Map
Policy Questions – Highlights of Council Direction
Council Direction Changes to
Redlines
1) For consistency with the remainder of the city, should the definition of a housing project in Downtown be amended
to allow up to 33% non-residential floor area consistent with the Housing Accountability Act?
Yes None
2) For consistency with the remainder of the city, should the definition of a “streamlined” housing project that is
eligible for administrative approval in Downtown be
amended to allow up to 25% non-residential floor area?
Yes None
3) Should the administrative approval threshold for housing projects in Downtown be changed from 90,000 square feet (sf) project size to a site size of 1 acre, consistent with the remainder of the city?
Yes Yes
Policy Questions – Highlights of Council Direction
Council Majority
Direction
Changes to
Redlines
4) For consistency with development standards established for housing projects outside of Downtown, should the tier system in Downtown be eliminated for housing projects?
Yes None
5) In light of public comments from housing developers and the Planning Commission expressing concern regarding
increased development/construction costs and State law
parameters (AB1505) related to inclusionary requirements that exceed 15%, should the affordable housing
requirement for Downtown housing project be lowered
from 20% to 15% consistent with the remainder of the
city?
Yes None
Policy Questions – Highlights of Council Direction
Council Direction Changes to
Redlines
6) In addition to what is already required for Main Street and Montana Avenue, should ground floor commercial also be
required in the Neighborhood Commercial zones on Pico
Boulevard and Ocean Park Boulevard?
Yes None
7) The Moderate Income Housing Overlay (MHO) was originally applied only to half-mile from the Expo Stations. Should the MHO Overlay be expanded citywide instead excluding R1 and OP1 zoning districts?
Yes None
8) Should MHO Projects allow some percentage of market rate units?
Yes None
Policy Questions – Highlights of Council Direction
Council Direction Changes to
Redlines
9) Expanding on AB 2097 and for ease of implementation, should minimum parking requirements be eliminated for
all housing projects, alterations/additions to multi-unit buildings, and ADUs citywide, except for R1 zones?
Yes None
10) Should parking maximums within ½ mile of transit and for housing projects outside of ½ mile of transit be eliminated outside of Downtown?
Yes None
11) Should SB9 projects be incentivized through development impact fee waivers to include the Affordable Housing Fee, Transportation Impact Fee, Parks & Recreation
Development Impact Fee, and Childcare Linkage Fee?
Yes (except that only
the affordable
housing fee shall be
waived. All other
impact fees shall
continue to apply.)
Yes