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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