SR 04-12-2022 7A
City Council
Report
City Council Meeting: April 12, 2022
Agenda Item: 7.A
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To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Introduction and Adoption of an Emergency Interim Zoning Ordinance to
Extend Interim Zoning Regulations Amending Santa Monica Municipal Code
Chapter 9.39 and Section 9.40.020 to Increase Thresholds for Review of One
Hundred Percent Affordable Housing Projects and Certain Tier 2 Housing
Projects Subject to the Housing Accountability Act by Administrative Approval
Recommended Action
Staff recommends that the City Council introduce and adopt an Emergency Interim
Zoning Ordinance to extend interim regulations established by Emergency Interim
Zoning Ordinance Number 2633 (CCS) and amended and extended by Emergency
Interim Zoning Ordinance Numbers 2645 and 2692 (CCS) to increase thresholds for
review of one hundred percent affordable housing projects and certain Tier 2 housing
projects subject to the Housing Accountability Act by Administrative Approval.
Summary
On January 25, 2022, Council adopted Interim Zoning Ordinance 2692 (“IZO”)
extending interim procedures authorizing an administrative process with no public
hearing for 100% affordable housing projects and Tier 2 housing projects compliant with
the Housing Accountability Act (“HAA”) on parcels of 43,560 square feet (1 acre) or less
that meet all objective general plan, zoning, and subdivision standards and criteria in
effect at the time the project application is deemed complete.
Supporting housing production, particularly affordable housing, has long been a core
policy focus for the City and is embedded in the City’s adopted land use plans including
the 2010 Land Use and Circulation Element (LUCE), 2013 Bergamot Area Plan
(“Bergamot Plan”), and 2017 Downtown Community Plan (“Downtown Plan”). These
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plans have been implemented through the 2015 Zoning Ordinance Update and
subsequent amendments. The most recently adopted 6th Cycle Housing Element was
transmitted to California Department of Housing and Community Development (“HCD”)
on November 10, 2021. The adopted Housing Element demonstrated that Santa
Monica can accommodate the Regional Housing Needs Allocation (RHNA) of 8,895
units (of which 69 percent must be affordable) for the 2021-2029 Housing Element
cycle. The City received comments from HCD on February 8, 2022 with a
determination that the City’s adopted Housing Element needs further revision and
therefore, the City is currently determined to be out of compliance.
As a result, staff proposes to extend the IZO until March 31, 2023 to provide the time
necessary to accomplish the entire Housing Element certification and initial phase of
zoning changes. With the economic challenges brought by the COVID-19 pandemic,
there is even more need to ensure that affordable housing and housing production
continues to be supported through a streamlined process. Within the context of
California’s housing crisis and the continued urgent need to produce affordable housing,
staff recommends extension of the IZO until March 31, 2023 to continue to support
housing production while providing the time necessary to accomplish the entire Housing
Element certification and initial phase of zoning changes.
Background
Table 1: Past Council Actions
Meeting Date Description
July 6, 2010
(Attachment B)
Adoption of Land Use and Circulation Element
September 11, 2013
(Attachment C)
Adoption of Bergamot Area Plan
June 23, 2015
(Attachment D)
Adoption of Zoning Ordinance Update
July 25, 2017
(Attachment E)
Adoption of Downtown Community Plan
December 10, 2019
(Attachment F)
Council study session on housing policy
March 10, 2020
(Attachment G)
Adoption of Emergency Interim Zoning Ordinance
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Meeting Date Description
August 25, 2020
(Attachment H)
Extension of Emergency Interim Zoning Ordinance
January 25, 2022
(Attachment I)
Extension of Emergency Interim Zoning Ordinance
On December 10, 2019, Council held a study session regarding housing policy in light
of State and Regional directives regarding housing production. Council directed
staff to proceed with efforts to support housing production, particularly 100% affordable
housing.
The IZO was first introduced and adopted on March 10, 2020. The IZO was extended
on August 25, 2020. Also on August 25, 2020, the Council introduced for first reading
an ordinance to establish residential leasing regulations (SMMC Chapter 6.22), which
were adopted on September 8, 2020 and subsequently amended on October 27, 2020,
primarily to allow for certain exceptions and to expand the documentation that may be
used to demonstrate primary residence. On January 25, 2022, Council extended the
IZO with amendments to remove the deed restriction requirement to avoid inconsistency
with Chapter 6.22 and to limit the applicability of the Administrative Approval process to
housing projects on parcels of 43,560 square feet or less.
Discussion
The Housing Accountability Act (California Government Code Section 65589.5) (“HAA”)
was enacted by the State Legislature in 1982 and prohibits cities from denying or
placing conditions on housing development projects to reduce the project’s density if the
housing development project complies with a city’s “objective” general plan, zoning,
subdivision, and design review standards (e.g., height, floor-area-ratio (FAR), density).
The HAA defines “housing development project” as: (a) residential units only; (b) mixed-
use developments consisting of residential and nonresidential uses with at least two-
thirds of the square footage designated for residential use; and (c) transitional housing
or supportive housing. The stated intent of the HAA is to ensure that local governments
do not reject or make infeasible housing development projects that contribute to
meeting their Regional Housing Needs Allocation (RHNA). The RHNA is a state-
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mandated process that determines the amount of future housing growth each city and
county must plan for in its Housing Element.
Given the very limited discretion afforded to cities for projects qualifying for protection
under the HAA, and the need to create better housing affordability in Santa Monica, on
March 10, 2020, the City Council adopted an emergency Interim Zoning Ordinance
(“IZO”) authorizing 100% affordable housing projects and Tier 21 housing projects
compliant with the HAA, to be reviewed and approved without a public hearing through
an Administrative Approval process. A public hearing by the Architectural Review
Board (ARB) for design review is still required. The IZO was extended on August 25,
2020 and January 25, 2022. On January 25, the City Council amended the interim
zoning regulations to: 1) remove the deed restriction requirements to avoid
inconsistency with the City’s residential leasing regulations; and 2) limit eligibility to Tier
2 projects located on parcels of 43, 560 square feet (one acre) or less to increase
community input opportunities for larger projects, and extended the interim zoning
regulations to May 31, 2022.
The May 31, 2022 termination date was intended to coincide with the effective date of
planned the zoning changes to implement the Housing Element. However, on February
8, 2022, the City received a letter from the California Department of Housing and
Community Development (“HCD”) which determined that the City’s 6th Cycle Housing
Element met many statutory requirements, but further revisions would be necessary, an
additional extension of the IZO is necessary to provide additional time to respond to
HCD’s comments, re-adopt the Housing Element, transmit to HCD for a 60-day review
period, and if certified, implement permanent zoning changes that would streamline
review of housing projects in addition to other housing programs.
1 The Land Use and Circulation Element created a tiered land use system based on increments of height
and floor area ratio (FAR). Tier 1 establishes a base height and FAR while Tier 2 establishes additional
height and FAR that can be requested if community benefits are provided.
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Environmental Analysis
The proposed extension of the Urgency Interim Zoning Ordinance establishing
application process thresholds for 100% affordable housing projects and Tier 2 housing
projects on parcels of 43,560 or less that are compliant with the Housing Accountability
Act are categorically exempt from the provisions of the California Environmental Quality
Act (CEQA) pursuant to Section 15061(b)(3) of the State Implementation Guidelines
(common sense exemption). Based on the evidence in the record, it can be seen with
certainty that there is no possibility that the proposed changes may have a significant
effect on the environment. The recommended amendments represent procedural
changes in how projects are reviewed and do not substantively affect the policy
decisions with respect to development standards or land use regulations made with the
City Council’s adoption of the 2015 Zoning Ordinance Update. Therefore, no further
environmental review under CEQA is required.
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the
recommended action.
Prepared By: Jing Yeo, Planning Manager
Approved
Forwarded to Council
Attachments:
A. Housing Process Thresholds 3d IZO Extension 04.12.2022
B. Written Comments
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City Council Meeting: April 12, 2022 Santa Monica, California
ORDINANCE NUMBER _____ (CCS)
(City Council Series)
AN EMERGENCY INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA TO EXTEND INTERIM ZONING REGULATIONS
ESTABLISHED BY EMERGENCY INTERIM ZONING ORDINANCE 2633 (CCS) AND
AMENDED AND EXTENDED BY EMERGENCY INTERIM ZONING ORDINANCES
2645 AND 2692 (CCS) AMENDING SANTA MONICA MUNICIPAL CODE CHAPTER
9.39 AND SECTION 9.40.020 TO INCREASE THRESHOLDS FOR REVIEW OF ONE
HUNDRED PERCENT AFFORDABLE HOUSING PROJECTS AND HOUSING
PROJECTS SUBJECT TO THE HOUSING ACCOUNTABILITY ACT BY
ADMINISTRATIVE APPROVAL
WHEREAS, the State is experiencing a housing supply crisis, with housing
demand far outstripping supply; and
WHEREAS, in 2018, California ranked 49th out of the 50 states in housing units
per capita; and
WHEREAS, housing crisis has particularly exacerbated the need for affordable
homes at prices below market rates; and
WHEREAS, the housing crisis has resulted in increased poverty and
homelessness, especially first-time homelessness, forced lower income residents into
crowded and unsafe housing in urban areas, and forced families into lower cost new
housing at the urban-rural interface with longer commute times and a higher exposure to
fire hazard; and
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WHEREAS, California needs an estimated 180,000 additional homes annually to
keep up with population growth, and the Governor has called for 3.5 million new homes
to be built over the next 7 years; and
WHEREAS, the City’s Regional Housing Needs Assessment (“RHNA”) for the 6th
Cycle Housing Element is an allocation of approximately 8,800 units, of which 69% would
be affordable housing; and
WHEREAS, on July 6, 2010, the City Council adopted the Land Use and
Circulation Element of the City’s General Plan (“LUCE”) which designates the proposed
general distribution, location and extent of land uses within the City; and
WHEREAS, the LUCE was adopted after an extensive planning process, and
addresses neighborhood conservation and enhancement; integrated land use and
transportation; proactive congestion management; complete neighborhoods with
increased open space; community benefits; quality urban character and form;
preservation of historic resources; and growth management; and
WHEREAS, the LUCE differs from prior Land Use and Circulation elements, in
part, by establishing a direct link between land use and transportation policies and
programs and the establishment of new development policies and standards which
ensure that quality development contributes to the character of the City; and
WHEREAS, the LUCE establishes a base height for each land use as a baseline,
and proposed development which seeks additional height above the base height is
subject to discretionary review and must meet additional requirements consistent with the
community’s broader social, environmental, and circulation goals – an approach defined
in three tiers; and
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WHEREAS, the LUCE provides certain bonuses, concessions and incentives for
one hundred percent affordable housing projects, including a provision that allows for
ministerial approval for projects of up to 50 units in size; and
WHEREAS, on September 11, 2013, the City Council adopted the Bergamot Area
Plan (“BAP”), which provides policies and standards to transition 142.5 acres of former
industrial lands into an arts-focused, transit-oriented, mixed use, pedestrian-oriented
neighborhood anchored by the Bergamot Exposition Light Rail Station; and
WHEREAS, the BAP envisions creating the City’s most sustainable
neighborhood—one that both conserves the authentic, industrial character that has
fostered a creative community in the area and removes barriers to housing, local
restaurants and services to take full advantage of the arrival of the Exposition Light Rail;
and
WHEREAS, the BAP encourages and creates opportunities to develop appropriate
housing for all members of the community, with a target of at least 30% of housing
affordable to people earning between 30% and 180% of the area median income; and
WHEREAS, the BAP sets forth certain thresholds for processing development
projects, including housing projects, in the plan area; and
WHEREAS, on July 25, 2017, the City Council adopted the Downtown Community
Plan (“DCP”) which sets forth the City’s vision of the Downtown as a high quality, mixed-
use district offering opportunities for housing for people across the income spectrum, jobs,
arts and culture, local serving retail, and community and visitor gathering places; and
WHEREAS, in the DCP, Downtown housing projects are encouraged to support a
strong and economically diverse residential neighborhood component; and
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WHEREAS, the DCP supports that encouragement by differentiating between
housing projects and commercial projects and provides for various incentives for housing
projects, including streamlined processing by allowing for ministerial review of all one
hundred percent affordable housing projects and any other housing project up to 75,000
square feet; and
WHEREAS, the Zoning Ordinance implements the process thresholds for review
of housing projects consistent with the LUCE, BAP, and DCP by requiring projects subject
to ministerial review to be reviewed by the Administrative Approval process and projects
that exceed ministerial review process thresholds to be reviewed by the Development
Review Permit process; and
WHEREAS, a RHNA allocation of 8,880 units with 69% affordability in the 6th
Cycle Housing Element will require the City to permit approximately 1,000 housing units
a year between 2021 and 2029, 700 of which each year are required to be affordable
housing; and
WHEREAS, 100% affordable housing projects, with challenges in available
funding, are turning to financing sources such as tax credits, which establish a strict
schedule for obtaining entitlements and building permits which are more easily met with
a ministerial, rather than discretionary, review process; and
WHEREAS, the Housing Accountability Act, California Government Code Section
65589.5 (the “HAA”), places strict limitations on the City’s discretion to deny, reduce the
density of, or place conditions on a housing project that complies with objective general
plan, zoning, and subdivision standards and criteria, including design review standards in
effect at the time the application is determined complete; and
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WHEREAS, requiring discretionary review for housing projects that comply with
objective general plan, zoning, and subdivision standards and criteria, including design
review standards in effect at the time the application is determined complete, adds time
and expense to housing production without providing any meaningful benefit to the
community; and
WHEREAS, on December 10, 2019, the City Council conducted a study session
on housing policy in part to discuss options for increasing housing production throughout
the City with a particular emphasis on incentivizing one hundred percent affordable
housing projects, and considered whether increasing the thresholds for ministerial review
of certain housing projects would further stimulate housing production; and
WHEREAS, on February 5, 2020, the Planning Commission adopted a Resolution
of Intention, Resolution Number 20-002 (PCS), declaring its intention to consider
recommending to the City Council that the City Council amend the text of the LUCE, the
BAP, and the DCP to increase the thresholds for ministerial review of one hundred
percent affordable housing projects and housing projects subject to the HAA; and
WHEREAS, on February 19, 2020, the Planning Commission conducted a duly
noticed public hearing, and after considering oral and written testimony regarding the
proposed amendments to the text of the LUCE, BAP, and DCP, adopted a Resolution of
Recommendation, Resolution Number 20-005 (PCS) recommending to the City Council
that the City Council adopt the proposed amendments; and
WHEREAS, on March 10, 2020, the City Council conducted a duly noticed public
hearing to consider the recommendation of the Planning Commission, and, after
considering all oral and written testimony, adopted Resolutions Numbers 11237 (CCS),
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11238 (CCS), and 11239 (CCS) to amend the LUCE, BAP, and DCP to increase the
thresholds for ministerial review of one hundred percent affordable housing projects and
housing projects subject to the HAA; and
WHEREAS, on March 10, 2020, the City Council adopted emergency Interim
Zoning Ordinance Number 2633 (CCS) (“Interim Zoning Ordinance 2633”), which
immediately permitted one hundred percent affordable housing projects and housing
projects subject to the HAA that do not exceed Tier 2 maximums to be processed by
Administrative Approval rather than a Development Review Permit under certain
conditions; and
WHEREAS, pursuant to Santa Monica Municipal Code Section 9.46.090(C),
Interim Zoning Ordinance 2633 was set expire sixty days after its effective date, or on
May 9, 2020; and
WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of
Emergency Services, (“Director of Emergency Services”) proclaimed the existence of a
local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure
the availability of mutual aid and an effective the City’s response to the novel coronavirus
(“COVID-19”) and this local emergency was restated on March 14, 2020, through a
revised declaration of local emergency to ensure compliance with all digital signature
requirements (the “Executive Order”); and
WHEREAS, on March 17, 2020, the Director of Emergency Services issued a
Revised Fourth Supplement to the Executive Order (the “Revised Fourth Supplement”)
which, in part, extended all Interim Zoning Ordinances in effect during the term of the
Order; and
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WHEREAS, on August 25, 2020, the City Council adopted emergency Interim
Zoning Ordinance Number 2645 (CCS), which extended the interim zoning regulations
adopted by Interim Zoning Ordinance 2633 (the “interim zoning regulations”) to December
31, 2021; and
WHEREAS, Interim Zoning Ordinance 2645 also amended the interim zoning
regulations to accord with the ordinance the City Council introduced for first reading on
August 25, 2020 to add Santa Monica Municipal Code Chapter 6.22: Residential Leasing
Requirements, and provide more certainty for landlords and tenants, amended the interim
zoning regulations to require that all leases be made to tenants who will use and occupy
the rental housing unit as the tenants’ “primary residence” rather than “domicile” as that
term is defined by Elections Code Section 349(b) and that all leases be in writing and
provide for a minimum initial term of one year; and
WHEREAS, on September 8, 2020, the City Council adopted Ordinance Number
2650 (CCS), adopting Chapter 6.22, Residential Leasing Requirements (“Chapter 6.22”),
which requires that all residential housing units must be leased to natural persons, tenants
leasing residential housing units must use and occupy the residential housing unit as the
tenant’s primary residence, all residential housing units must be leased for an initial lease
term of at least one year, and all residential housing units must be delivered unfurnished;
and
WHEREAS, on October 27, 2020, the City Council adopted Ordinance Number
2655 (CCS), which amended Chapter 6.22 to: expand options to demonstrate proof of
primary residence to ensure undocumented students have access to rental housing;
exempt certain leases of owner-occupied single- and multiple-unit dwellings, and
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accessory dwelling units and junior accessory dwelling units located on parcels with
owner-occupied single-unit dwellings, and leases that provide for temporary relocation
housing for tenants who are subject to temporary relocation under Santa Monica
Municipal Code Sections 4.36.100 or 8.100.030 from the residential leasing requirements;
and
WHEREAS, in accordance with Santa Monica Municipal Code Section 6.22.130,
the Director of the Community Development Department has promulgated administrative
regulations, which were most recently updated on January 29, 2021, related to noticing
procedures and requirements and to further clarify applicability of Chapter 6.22; and
WHEREAS, on October 12, 2021, the City Council adopted the 6th Cycle (2021-
2029) Housing Element, which, pursuant to Program 1A, requires the City to make
permanent amendments to the Zoning Ordinance to implement the interim zoning
regulations, with revisions, no later than March 31, 2022, and extend the interim zoning
regulations pending full implementation of Program 1A; and
WHEREAS, on October 29, 2021, the Director of Emergency Services issued a
Forty-First Supplement to the Executive Order to extend certain provisions of the
Executive Order, including Section 6 of the Revised Fourth Supplement extending all
Interim Zoning Ordinances, through January 31, 2022; and
WHEREAS, on January 25, 2022, the City Council adopted Emergency Interim
Zoning Ordinance Number 2692 (CCS), which: extended the interim zoning regulations
until May 31, 2022, in anticipation of enactment of permanent changes to the Zoning
Ordinance in accordance with Program 1A of the 6th Cycle Housing Element; removed
the deed restriction obligations in order to avoid inconsistency with the provisions of
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Chapter 6.22; and, limited eligibility under the interim zoning regulations to Tier 2 projects
located on parcels that do not exceed 43,560 square feet, or one acre, in order to increase
opportunities for community input for larger projects; and
WHEREAS, on February 8, 2022, pursuant to California Government Code
Section 65585(h), the City received a letter from the California Department of Housing
and Community Development, which determined that the City’s 6th Cycle Housing
Element addresses many statutory requirements but that revisions would be necessary
to comply with State Housing Element Law; and
WHEREAS, upon receipt of HCD’s February 8, 2022 letter, the City began the
process of reviewing which revisions to the 6th Cycle Housing Element may be necessary
to comply with State Housing Element law; and
WHEREAS, the City Council desires to extend the interim zoning regulations to
allow the City adequate time to review and revise the 6th Cycle Housing Element as
necessary to comply with State Housing Element Law and to subsequently implement
programs set forth in the Housing Element; and
WHEREAS, there exists an immediate and continuing threat to the public health,
safety and welfare due to the State’s ongoing and unprecedented housing crisis, which
has resulted in the City’s anticipated RHNA allocation; and
WHEREAS, extending the streamlined process created by the interim zoning
regulations will support the City’s urgent need to produce housing and the City’s efforts
to create a long-term housing strategy through the 6th Cycle Housing Element; and
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WHEREAS, adoption of this emergency Interim Zoning Ordinance is necessary to
preserve public peace, health, safety and welfare as it will remove barriers to production
of housing, particularly one hundred percent affordable housing projects.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Applicability. The interim regulations set forth in Section 2 shall apply
to any project for which a planning entitlement application is received after the effective
date of this Ordinance.
SECTION 2. Interim Zoning Regulations. Santa Monica Municipal Code Chapter
9.39 and Section 9.40.020 shall be revised as follows:
Chapter 9.39 Administrative Approval
9.39.010 Purpose
Administrative Approval is intended to allow for the approval of projects which
conform to the standards established for the Zoning District and do not require
discretionary review or approval by the Director, Planning Commission, or City Council.
Administrative Approval provides for an administrative review and assessment of the
proposed development project in light of explicit standards contained in the Chapter which
have been designed to ensure that the completed project will be in harmony with existing
or potential development in the surrounding area, consistent with the goals, objectives
and policies of the General Plan.
9.39.020 Applicability
A. Except as provided in subsection (B), an Administrative Approval shall be
required prior to issuance of any Building Permit for the development for:
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1. Any project of more than 1,000 square feet of floor area for all new
construction and new additions to existing buildings located in Residential and
Nonresidential Districts not otherwise subject to Zoning Conformance Review or
discretionary review;
2. 100% Affordable Housing Projects; and
3. Any project that:
a. Meets the definition of “housing development project” under
the Housing Accountability Act, Government Code Section 65589.5,
(“Housing Accountability Act”), and that, consistent with the Housing
Accountability Act, complies with all applicable, objective general plan,
zoning, and subdivision standards and criteria, including design review
standards, in effect at the time that the project application is deemed
complete;
b. Does not exceed Tier 2 maximums; and
c. Is located on a parcel that does not exceed 43,560 square
feet.
B. No Administrative Approval shall be required for:
1. New construction and new additions to existing buildings located in
the Multi-Unit Residential Districts, Ocean Park Neighborhood Districts; or
2. For any new single-unit dwellings or additions thereto in any zoning
district.
9.39.030 Application
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Application for an Administrative Approval shall be filed in a manner consistent
with the requirements contained in 9.37.020, Application Forms and Fees.
9.39.040 Procedures
A. For projects eligible for an Administrative Approval under 9.39.020(A)(2) or
(3), an applicant shall conduct a community meeting to receive community input on the
proposal, which meeting shall be conducted prior to submitting an application and with
noticing and reporting on the community meeting as required in guidelines adopted by
the Director.
B. Upon receipt in proper form of an Administrative Approval Application, a
meeting with the Architectural Review Board shall be set to receive a recommendation
on the design of the proposal, which shall be conducted prior to the Director’s
determination.
9.39.050 Review and Decision
A. The Director shall issue an Administrative Approval if the proposed
development conforms precisely to applicable development standards, and does not
require discretionary review or approval as outlined in this Chapter.
B. The Director shall deny the Administrative Approval only if the development
is not in compliance with the applicable development standards as outlined in this
Chapter.
C. The Director shall prepare a written decision which shall contain the findings
of fact upon which such decision is based.
D. Within 14 calendar days after the decision is made:
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1. A copy of the decision shall be mailed to the applicant at the address shown
on the application; and
2. For 100% affordable housing projects, and housing projects subject to
Administrative Approval under Subsection 9.39.020(B)(3), a copy of the written decision
and project plans shall be posted on the City’s website.
9.39.060 Term, Extension, and Revocation
The term of permit, exercise of rights, extension, and revocation for Administrative
Approvals shall be in accordance with the applicable provisions of Chapter 9.37, Common
Procedures.
Chapter 9.40 Development Review Permit
9.40.020 Applicability
A. Except as provided in subsection (B), a Development Review Permit
approved by the Planning Commission shall be required prior to issuance of any building
permit for the development for:
1. Any project that exceeds Tier 1 maximum limits;
2. All new construction and new additions to existing buildings of more
than 10,000 square feet of floor area located in Residential Districts or more than
7,500 square feet of floor area in Neighborhood Commercial and Oceanfront
Districts;
3. All new construction and new additions to existing buildings of more
than 15,000 square feet of floor area located in Nonresidential Districts not
specified in subsection (A)(2);
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4. Notwithstanding subsection (A)(3) above, all new construction of
more than 30,000 square feet of floor area of a development project containing no
more than 15% of commercial floor area located in Nonresidential Districts not
specified in subsection (A)(2);
5. Notwithstanding subsections (A)(2)—(4) above and until the
adopting of a Pico Neighborhood Plan, all new construction and new additions to
existing buildings of more than 7,500 square feet of floor area located in the Pico
Neighborhood Area.
B. The following types of projects are exempt from Development Permit
Review requirements:
1. Single-unit dwellings;
2. 100% Affordable Housing Projects; and
3. Any project that:
a. Meets the definition of “housing development project” under
the Housing Accountability Act, Government Code Section 65589.5,
(“Housing Accountability Act”) and that, consistent with the Housing
Accountability Act, complies with all applicable, objective general plan,
zoning, and subdivision standards and criteria, including design review
standards, in effect at the time that the project application is deemed
complete;
b. Does not exceed Tier 2 maximums; and
c. Is located on a parcel that does not exceed 43,560 sf.
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SECTION 3. Any provision of the Santa Monica Municipal Code or any appendix
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary to
effect the provisions of this Ordinance.
SECTION 4. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed
this Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
SECTION 5. This Ordinance is declared to be an emergency measure necessary
for preserving the public peace, health, safety or welfare, adopted pursuant to the
provisions of Section 615 of the Santa Monica City Charter. As set forth in the findings
above and in the March 10, 2020, August 25, 2020, January 25, 2022 and April 12, 2022
staff reports, this Ordinance is necessary for preserving the public peace, health, safety,
and welfare. As an emergency measure, this Ordinance will be effective immediately
upon adoption.
SECTION 6. 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
immediately upon adoption.
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SECTION 7. This Ordinance shall be of no further force or as of March 31, 2023,
unless it is otherwise extended pursuant to Santa Monica Municipal Code Section
9.46.090(C).
APPROVED AS TO FORM:
_________________________
SUSAN Y. COLA
Interim City Attorney
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Vernice Hankins
From:Daniel Galamba <galambadb@hotmail.com>
Sent:Saturday, April 9, 2022 1:29 PM
To:councilmtgitems; Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Sue Himmelrich; Kristin
McCowan; Oscar de la Torre; Daniel Galamba
Subject:City Council Meeting April 12, 2022-Item 7.A. Please oppose Proposed Extension of Interim Zoning
Regulations
EXTERNAL
Dear City Council,
I must request that you oppose the Proposed Extension of the Interim Zoning Regulations.
First Administrative Approval of these projects I believe is unconstitutional and illegal. Unconstitutional under the U.S.
Constitution because it abridges the right of the people to petition the Government for a redress of grievances since
appeal to the Planning Commission and the City Council is not possible with administrative approval. Illegal under
California law because it prevents the people of Santa Monica from having a referendum as was done for the Hines
Project since no legislative action will be taken, and a referendum cannot be done for administrative approval.
Therefore, Administrative Approval disenfranchises the people of Santa Monica who have legitimate concerns about
these projects and how they undermine their quality of life.
Next Administrative Approval would be allowed for projects of less than one acre. This would include almost all new
projects since very few projects will be more than one acre. More than one acre would include a future project like the
Gelson's Project (but not the Gelson's Project itself) but it wouldn't include the projects at 19th and Wilshire, 20th and
Wilshire, 25th and Wilshire, and 4th and Colorado, etc. All of these smaller projects will be less than one acre and all will
have no City public hearings with no possibility of appeal to the Planning Commission and City Council and with no
possibility of a referendum as was done for the Hines Project. Furthermore these projects at 19th and Wilshire, 20th
and Wilshire, 25th and Wilshire, and 4th and Colorado are just the tip of the iceberg. Soon these administratively
approved projects will be all over Santa Monica including on Wilshire Blvd, Lincoln Blvd, Santa Monica Blvd, Pico Blvd,
Ocean Park Blvd, etc. The Santa Monical Coalition for a Livable City has previously warned that administrative approval
of Tier 2 projects can result in massive sized buildings.
I therefore am requesting that ALL projects regardless of size use standard City processes with the possibility of appeal
to the Planning Commission and the City Council and with the possibility of a referendum as was the case when I built
my two‐story house on a lot of 35 feet by 50 feet. Since that was the case for my two‐story house, I can't see any reason
why this shouldn't also be the case for other projects. Thank you.
Sincerely,
Dr. Daniel Galamba
Item 7.A 04/12/22
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1
Vernice Hankins
From:Peter Altschuler <altschuler@wordsworthandco.com>
Sent:Monday, April 11, 2022 11:17 AM
To:councilmtgitems
Cc:Phil Brock; Gleam Davis; Oscar de la Torre; Sue Himmelrich; Kristin McCowan; Lana Negrete; Christine
Parra
Subject:Tuesday's agenda item 7. (A)
EXTERNAL
The IZO extension, as described in the report accompanying the published agenda, reinforces the validity of several
considerations that apply to projects, such as Lincoln Center, already in the pipeline for approval.
Two statements stand out.
“...Santa Monica can accommodate the Regional Housing Needs Allocation (RHNA) of 8,895 units (of which 69
percent must be affordable)…”
“The Housing Accountability Act... prohibits cities from denying or placing conditions on housing development
projects to reduce the project’s density if the housing development project complies with a city’s “objective”
general plan, zoning, subdivision, and design review standards (e.g., height, floor‐area‐ratio (FAR), density).”
Lincoln Center allocates only 10% of its proposed 521 units to affordable housing. Yet the developer is citing provisions
in SB330 that do not apply to the project but are being used to justify height and density modifications.
At 10%, Lincoln Center’s number of affordable apartments comes nowhere near the 69% required under the RHNA.
Without providing a much higher percentage of units that fit the budgets of very low, low, and moderate incomes
residents, Lincoln Center does not comply with the applicable zoning and design standards that would justify the height
variance and density bonus. Even if the development were 100% affordable, the current MUBL zoning of the site does
not allow either modification.
The housing market in 2022 is significantly different than it was when the HCD numbers were determined and before
the onset of the COVID‐19 pandemic. Residents have left the urban core for more affordable suburban and
exurban/rural locations. Santa Monica rents declined, indicating an increase in supply, and those rents have not entirely
recovered to pre‐2020 levels. The City already ranks among the most expensive housing markets in the State, and the
new market‐rate units are likely to match or, because they’re new, exceed current rents. That will not help low income
renters, but it may create a glut of new apartments that no one wants or can afford.
There is, among the Sunset/Ocean Park communities’ residents, a feeling that the City has no will to object to Lincoln
Center, though it is clearly out of alignment with State requirements and City objectives. If that’s true, and the Council,
City Manager, and City Attorney are unwilling to defend the characteristics that help make Santa Monica a desirable
place to live and to give residents the voice that the State denied them when it created its mandates, the City’s elected
and appointed officials are not upholding their own mandate to protect the best interests of Santa Monica and its
residents.
p
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1
Vernice Hankins
From:Peter DiChellis <pdichellis@yahoo.com>
Sent:Monday, April 11, 2022 2:12 PM
To:councilmtgitems
Cc:FriendsofSP@yahoo.com; Editor@smdp.com; Editor@SantaMonicaLookout.com;
Sam@MirrorMediaGroupLA.com; Editor@SMobserver.com
Subject:Agenda Item 7a: Interim Housing Ordinance
EXTERNAL
Summary: Tone‐deaf at best. Opposed.
After widespread public furor over the process and outcome of the Gelson’s/Lincoln/Ocean Park monstrosity, a poll
showing overwhelming opposition to this monstrosity, the State’s own Auditor challenging the State’s housing
arithmetic, and major lawsuits in multiple jurisdictions—some on the Council might conclude it’s time to extend this
failed “no public hearing” process for another year? Really?
What is the harm in allowing the sunshine‐cloaking interim ordinance to expire and then revisiting it when there is more
clarity on the true housing numbers and/or the legal challenges?
Absent such a common‐sense resolution, I hope the Council meeting will produce a robust discussion on this Item so
members of the public and the media can fully understand where each Councilmember stands and why.
Thank you,
Peter DiChellis ‐ Unaffiliated moderate
Santa Monica ‐ 90403
(In addition to copies noted above, copy via contact form to Northeast Neighbors Group)
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City Council
Report
City Council Meeting: April 12, 2022
Agenda Item: 7.B
1 of 3
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services
Department
Subject: Introduction and First Reading of an Ordinance amending Chapter 2.48 of the
SMMC consolidating the Commission on the Senior Community, Commission
on the Status of Women, and the Social Services Commissions into a newly
named Commission and repealing Chapters 2.56 and 2.60
Recommended Action
Staff recommends that the City Council introduce for first reading an Ordinance
amending Chapter 2.48 of the SMMC consolidating the Commission on the Senior
Community, Commission on the Status of Women, and the Social Services
Commissions into a newly named Commission, determined by Council, and repealing
Chapters 2.56 and 2.60.
Discussion
At the December 14, 2021 City Council meeting, the ad hoc committee for boards and
commissions reported to City Council its recommendation to consolidate the
Commission for the Senior Community, the Social Services Commission, the
Commission on the Status of Women, and the Disabilities Commission into one new
Commission. City Council approved the consolidation of the Commission for the Senior
Community, the Social Services Commission and Commission on the Status of Women
into one commission, but decided the Disabilities Commission should remain a stand-
alone commission due to the specific needs it fulfills for the community it serves. The
new commission is recommended to have a new name to distinguish it from the
previous commission. One Council Ad Hoc member recommended the “People
Commission.” Staff recommends the “Human Services Commission” to reflect the
City’s organizational structure and mission of the commission (i.e. the Housing and
7.B
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Human Services Division would then be responsible for staffing the Housing
Commission and the Human Services Commission).
Powers and Duties
The new Human Services Commission (HSC) would focus on all matters pertaining to
the social, economic, and wellness needs of vulnerable community members, including
marginalized populations, low-income households, older adults, women and girls
(including transgender women and girls), people of color, and people experiencing
homelessness. As the current commissions sunset, Sections 2.48 (Commission for the
Senior Community), 2.56 (Commission on the Status of Women), and 2.60 shall be
retired from the Municipal Code. The new ordinance provides an opportunity to update
pertinent activities of these three commissions (e.g., tracking regional, state, and
national legislation, inviting community and stakeholder input on social services,
providing input to City Council on budget items), and reimagining their purpose in a
more holistic manner. These specific duties can be found in the proposed draft
ordinance for the newly formed Human Services Commission (Attachment A).
The new commission will be tasked with soliciting community input regarding focused
areas and developing an overall work plan for the commission, making use of time-
limited ad hoc committees to address discrete work efforts and emerging community
needs.
Structure
The new commission shall consist of nine members, with priority being given to existing
members of the three commissions who wish to apply for the new commission. The
new commission shall be structured as a working commission, with commission
members expected to lead temporary ad hoc committees. Each ad hoc committee
would consist of one or two commissioners as well as non-commissioners with subject-
matter expertise, lived experience, or a strong interest in the ad hoc committee’s focus.
City Council liaisons and emeritus members could also assist with ad hoc committees.
Ad hoc committees will prepare recommendations for the commission’s consideration.
7.B
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Transitioning Provision
The proposed ordinance contains transition provisions to allow for staggered terms of
Commissioners following their initial appointment. The nine commissioners shall
classify themselves by lot, such that four shall serve terms expiring on the second
succeeding July 1st and shall serve terms expiring on the fourth succeeding July 1st. The
current bodies will cease to exist as separate bodies after June 30, 2022. The new
Human Services Commission would become effective on July 1, 2022.
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of
adoption of the proposed ordinance.
Prepared By: Nikima Newsome, Assistant City Clerk
Approved
Forwarded to Council
Attachments:
A. Proposed Ordinance
B. Written Comments
7.B
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City Council Meeting: April 12, 2022 Santa Monica, California
ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA TO CREATE THE HUMAN SERVICES COMMISSION; REPEAL
SANTA MONICA MUNICIPAL CODE CHAPTERS 2.48, 2.56 AND 2.60, AND
SUNSETTING THE COMMISSION FOR THE SENIOR COMMUNITY, THE SOCIAL
SERVICES COMMISSION, AND THE COMMISSION ON THE STATUS OF WOMEN
UPON EFFECTIVENESS OF THIS ORDINANCE
WHEREAS, at the December 14, 2021 City Council meeting, the ad hoc committee
for boards and commissions reported to City Council its recommendation to consolidate
the Commission for the Senior Community, the Social Services Commission, the
Commission on the Status of Women, and the Disabilities Commission into one new
Commission; and
WHEREAS, City Council approved the consolidation of the Commission for the
Senior Community, the Social Services Commission and Commission on the Status of
Women into one commission, but decided the Disabilities Commission should remain a
stand-alone commission due to the specific needs it fulfills for the community it serves;
and
7.B.a
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WHEREAS, staff recommends naming the new commission the “Human Services
Commission” to reflect the City’s organizational structure as it relates to the mission of
the new commission; and
WHEREAS, the new commission will solicit community input regarding focus areas
and develop an overall work plan for the commission, and will make use of time-limited
ad hoc committees to address discrete work efforts and emerging community needs; and
WHEREAS, it is the policy of the City to give every resident of Santa Monica
equitable social and economic opportunities and to provide equitable services.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 2.62 of the Santa Monica Municipal Code is hereby added
as follows:
CHAPTER 2.62 HUMAN SERVICES COMMISSION
2.62.020 Creation of the Human Services Commission
(a) Pursuant to Section 1000 of the Santa Monica City Charter, a Commission on
Human Services is hereby established. The membership of said Commission shall
be appointed by the City Council and shall consist of nine members chosen from
the residents of the City. None of the members shall hold any paid office or
employment in City of Santa Monica government.
(b) The nine commissioners shall classify themselves by lot such that two shall
serve terms expiring on the next succeeding July 1st, two shall serve terms
7.B.a
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expiring on the second succeeding July 1st, two shall serve terms expiring on the
third succeeding July 1st, and one shall serve a term expiring on the fourth
succeeding July 1st.
(c) The Commission shall meet on a quarterly basis with the option to meet more
frequently, when necessary, via designation of a special meeting and in
accordance with the Brown Act. Further, the Commission may establish ad hoc or
standing committees that may meet more frequently than quarterly.
2.62.040 Powers and duties of the Commission
The Human Services Commission shall have the power and be required to:
(a) Act in an advisory capacity to the City Council in all matters pertaining to the
social, economic, and wellness needs of vulnerable community members
including, but not limited to, marginalized populations, low-income
households, older adults, women and girls (including transgender women
and girls), people of color, and people experiencing homelessness,
specifically maintaining but not limiting its focus on the former Commission
for the Senior Community, the former Social Services Commission, and the
former Commission of the Status of Women, including the responsibility to:
1. Disseminate City-endorsed educational and informational material
regarding human service resources that may benefit the Santa
Monica community
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2. Review and recommend to the City Council national, state, and local
legislation which may have an impact on vulnerable communities in
Santa Monica
3. Consult and maintain contact with groups and individuals who are
concerned with the challenges and opportunities of vulnerable City
residents, and hold meetings as necessary to receive input from these
groups and individuals
4. Recommend to the City Council specific human service programs
necessary to serve the unmet needs of residents of the City, including
reviewing and making recommendations on the City’s Human
Services Grants Program
5. Review the City Manager’s proposed budget for human services and
make recommendations to the City Council; and
(b) support City efforts to advance social, economic, and racial equity.
2.62.070 Reports
The Human Services Commission shall render written reports on its activities to
the City Council on an annual basis.
SECTION 2. The Commission for the Senior Community, the Social Services
Commission, and the Commission on the Status of Women shall all sunset on June 30,
2022.
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SECTION 3. Santa Monica Municipal Code Chapters 2.48, 2.56 and 2.60 are
hereby repealed in their entirety.
SECTION 4. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary to
effect the provisions of this Ordinance.
SECTION 5. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed
this Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
SECTION 6. 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 July
1, 2022.
APPROVED AS TO FORM:
_________________________
SUSAN COLA
Interim City Attorney
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1
Vernice Hankins
From:oz <zurawska@yahoo.com>
Sent:Tuesday, April 12, 2022 4:49 AM
To:councilmtgitems
Cc:Christine Parra; Oscar de la Torre; Lana Negrete; Phil Brock; Kristin McCowan; Gleam Davis; Sue
Himmelrich; David White
Subject:7-B: new commission must meet monthly, not quarterly
EXTERNAL
You are consolidating three city commissions into the Human Services Commission, which might not be a bad idea. But
now you also want for this new commission to only meet quarterly?…
Is this a joke?
This shows how much the Santa Monica Council cares about the vulnerable populations including the unhoused
community in the City: you want to further marginalize them. This proves again you have no interest in addressing
homelessness whatsoever.
Occasional Special meetings (which usually do not allow public input) and Ad Hoc meetings (which are rarely held
publicly) will not make up for much if the Commission must only meet quarterly. You might as well have dismantled
these three commissions altogether instead of consolidating them. Why pretend?…
This is the opposite of progressive.
#HostileCity
Shame on you, Santa Monica Council members!
At least it’s election year and we will remember this in November.
Regards,
Olga Zurawska
P.S.
You might as well change the name of the new commission to better reflect how the City treats vulnerable communities:
InHumane DisServices Commission.
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1
Vernice Hankins
From:emsmail135@gmail.com
Sent:Tuesday, April 12, 2022 4:53 AM
To:councilmtgitems
Subject:Public comment on 12 Apr 22 City Council meeting item 7B
EXTERNAL
Dear City Councilmembers,
I object to the newly consolidated Human Services Commission meeting on a quarterly basis with additional special
meetings when necessary. The consolidation of three important areas of concern into a single commission is already an
ambitious undertaking. Limiting that commission to only four regular meetings per year is a planned abdication of
commitment to those component groups before the commission even begins.
We're in the middle of a homelessness crisis, a pandemic, and a climate crisis, all of which disproportionately impact the
most marginalized individuals in society, whose welfare is squarely in the newly formed commission's jurisdiction. The
Human Services Commission has an enormous amount of work to do. And it requires public input regarding that work
every step of the way, not just four times a year. The option to omit general public comments from special meetings
makes reliance on such meetings for business exceeding quarterly meetings unacceptable.
Give the Human Services Commission a chance to succeed in meaningfully addressing the multiple and compounding
crises we face. Santa Monica demands the Human Services Commission's attention and action—its time—more than
ever.
Thank you for your attention to this critical matter. Please amend the proposed ordinance accordingly.
Sincerely,
Michelle Gray
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1
Vernice Hankins
From:Ann Maggio <annmaggio@gmail.com>
Sent:Tuesday, April 12, 2022 9:27 AM
To:councilmtgitems; Clerk Mailbox; David White
Subject:7-B: Oppose quarterly meetings for consolidated commissions
EXTERNAL
Dear City Council,
This is absurd. Three commissions consolidated into one and now staff wants to cut the meetings so they only
meet four times a year?
We can assume now that the job of the Social Services Commission, which included annual reports on the
successes and failures of the grantees, will never happen. How wrong!
Keep the meetings and ensure they are properly staffed.
And form a transparency and accountability committee that supports the audit committee.
Sincerely,
Ann Maggio Thanawalla
"Unthinking respect for authority is the greatest enemy of truth." ‐ Albert Einstein
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