SR-400-005-13 (7)
HARDING. LARMORE, KUTCHER & KOZAL
A PROF"E:SSIONAL CORPORATION
CHRISTOPHER M. ~ARDING
ATTORNEYS AT l.AW
\250 SIXTH STREET, SUITE 300
SANTA MONICA. CALlF"ORNIA 90401-16()2
TELEPHONE (310) 393-1007
FACSIMILE (3101 458-1959
THOMAS R. LARMORE
KEf\JNETH L KUTCHER
KEVIN V KOZAL
January 8, 2001
WRITER'S DIRECT DIAL;
(310) 451-2968
DIRECT E-MAIL ADDRESS:
harding@hlkklaw.com
Via Messenger & E-Mail Delivery
Santa Monica City Council
1685 Main Street, Room 200
Santa Monica, CA 90401
Re: Proposed Emergency Interim Ordinance Extending Existing Interim
Ordinance Reducing Development Review Thresholds
Hearing Date: January 9, 2001
Agenda Item No. 8-8
Our Client: Santa Monica Housing Council
Our File No. 639.43
Dear Council members:
This letter is written on behalf of the Santa Monica Housing Council ("SMHC")
concerning the proposed emergency interim ordinance that would extend the existing
interim ordinance modifying the Development Review Thresholds ("DRTs") in selected
commercial zoning districts. This letter addresses the Staff recommendations as they
would affect housing projects and mixed-use projects with substantial housing
components. SMHC does not have a position on other aspects of Staffs
recommendations, including as they would affect commercial development projects.
SMHC appreciates the City Council's decision to exempt mixed-use projects with
substantial housing components from any reductions in the DRTs. This decision is
reflected in Section 3 of both the current and proposed ordinances. Since the City
Council adopted the current ordinance, two technical concerns have been brought to
our attention that appear to justify minor language modifications to Section 3 of the
proposed ordinance. We believe both modifications are consistent with the City
Council's intent.
Specifically, we urge the City Council to make the following two changes to
Section 3:
A. Section 3(A) of the proposed ordinance specifically exempts "mixed-use
projects." If read literally, this Section may not exempt "all-housing" projects with 100
percent housing. This concern can be addressed in at least two ways. First, the term
S !;; ~J ~ 1 9
HARDING, LARM.ORE, KUTCHER & KOZAL
.... PROn:SSIOHAL CQl'tPORAT\CJtf.
ATTO~NEYS AT LAW
Santa Monica City Council
January 8, 2001
Page 2
"mixed-use" could be deleted from Section 3(A) thereby having the exemption
encompass "projects" with at least 80 percent multi-family housing. Second, language
could be added clarifying that it applies to "all-housing" as well as "mixed-use" projects.
B. We are advised that on corner lots with pedestrian-oriented use zoning
requirements on both streets, it may not be possible to satisfy Section 3(A)'s 80 percent
standard. To address this concern, we suggest that the following language be added to
Section 3(A):
"In the event the Zoning Ordinance mandates that a specific
project requires pedestrian-oriented uses and the percentage
of such uses must by law exceed 20 percent, then the 80
percent minimum threshold of multi-family housing floor area
shall be reduced accordingly provided that the project must
contain the maximum percentage of multi-family residential
use allowed by the Zoning Ordinance to qualify for this
exemption."
There are probably a number of alternate ways to accomplish this same purpose.
The goal of this revised language is to ensure that mixed-use projects containing the
maximum percentage of housing allowed by the Zoning Ordinance should be exempt
even if that percentage falls below 80 percent due to Zoning Ordinance mandates.
In closing, SMHC respectfully asks the City Council to make these two changes
to Section 3 of the proposed ordinance before enacting it. These changes will ensure
that "all-housing" projects and mixed-use projects which contain no more than the
minimum amount of required pedestrian-oriented commercial space will be exempt from
the DRT reductions.
Sincerely,
c~.~~.~~
Christopher M. Harding
CMH/bjc/jps
t-,. <;t " ;: 0
HARDING. LARM.ORE, KUTCHER & KOZAL
ATTORNEYS AT LAW
Santa Monica City Council
January 8, 2001
Page 3
cc: Susan McCarthy
Gordon Anderson
. ~y.zanne Frick
~y Trevino
Robert Moncrief
Marsha Jones Moutrie
Barry Rosenbaum
Robert J. Sullivan
SMHC Board of Directors
639/CORR/SMCC.43002.CMH
?t" ~i \J '-, 2 .i