O1918
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CIty CouncIl Meetmg 7-21-98
Santa MOnIca, California
ORDINANCE NUMBER 1918 CCS
(City CouncIl Senes)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ADDING CHAPTER 9 56 TO THE SANTA MONICA MUNICIPAL CODE
ESTABLISHING AN AFFORDABLE HOUSING PRODUCTION PROGRAM
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS
SECTION 1 Chapter 956 IS hereby added to the Santa MOnIca MunicIpal Code to read
as follows
CHAPTER 9 56
AFFORDABLE HOUSING PRODUCTION PROGRAM
9.56.010. Findings and Purpose.
(a) Santa MOnIca IS a coastal city In a pnme locatIOn, being bordered by the CIty of Los
Angeles to the north, east and south The combmatlOn of a scemc oceanside location, excellent
chmate, and the ready avallablhty of urban faclhtles, servIces, and entertamment make Santa
Moruca an extremely desIrable place to hve
(b) The land area of the CIty IS very small- apprmomately eIght (8) square mIles Santa
MOnIca IS already a fully bUIlt-out City, WIth only sixty-two vacant resIdential parcels It also has a
population ofapprmomately 90,000 Santa MOnIca's populatIOn denSity, 11,200 persons per
square mile, IS the second lughest among nelghbonng and nearby JunsdictlOns, and is the densest
among coastal commUnIties m Los Angeles County
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(c) The vast maJonty of new market rate multl-famdy development III the City IS not
affordable to lower-Income households Moreover, market conditions, IncludIng the high cost of
resldentmlland, construction costs, and the availability and cost of financing, make the
development of affordable housing in the CIty extremely drfficult
(d) In addItIOn, the consumptIOn patterns of the upper-mcome households who occupy
these new market rate multi-family housing umts create a need for affordable hOUSIng m the CIty
More specIfically, households create demand for goods and services In the pnvate sector, such as
retall goods and medIcal services, and Jobs In the pubhc sector, such as teachers and mUnICIpal
sefVlces The higher the household's mcome, the more demand IS created New market rate
multI-fanuly hOUSIng in Santa MOnIca accommodates upper-Income households almost exclusively
because of the lugh rent or purchase pnce reqUired to occupy It Supplying goods and services
suffiCIent to meet the demand created by upper-mcome households m new market rate multi-
family housmg reqUIres workers across the pay scale spectrum, lOcludtng lower-wage employees
(e) The City has prepared an analysis of this relationship between new market rate
apartment and condominium development m the CIty and the need for affordable housmg created
by this new development TIllS study focuses on the relationslup between the demand for goods
and services created by households who occupy new market rate multi-family development m the
City, the number of low-wage workers In pubhc agencies and bustnesses needed to satisfY tlus
demand, and the costs of producmg the affordable housing needed by these workers This study
demonstrates the range per square foot whIch could be Imposed on new market rate multi-fanuly
development to help finance the development of affordable housmg needed to meet the demand
created by market rate development
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(f) In addItIOn, because the CIty is bUIlt-out, land avaIlable for resIdentIal development in
the CIty IS hmlted Further, land which could be used for development ofhousmg for low mcome
households IS bemg depleted by development of high cost housmg Thus, continued new
residentIal development wluch does not mclude or contribute toward the cost of housing for
lower mcome households will only serve to further exacerbate the current affordable housmg
shortage
(g) ReqUIring developers to assIst III the production of affordable housmg is also
consistent WIth the City's long-standmg commitment to achIeve and mamtain a SUitable livmg
environment mcludmg decent housmg for persons at all economiC levels This mumclpal
commitment conforms with State and Federal pohcies and IS a principal goal of the City's recently
adopted 1998-2003 Housing Element Update
(h) The CIty has lustoncally effectuated this conumtment through extraordmary efforts
mamfest ill vanous City laws, pohcies and programs For mstance, the Ctty's voters have adopted
mItlatlve measures whIch stnve to mamtam and promote affordable housmg in the CIty The Rent
Control Charter Amendment, adopted m 1979, has as its pnmary purpose the protectton of
affordable housmg and has histoncally been the CIty'S most Important legislative tool for
maintaining the supply of affordable housmg Slmtlarly, PropositIOn R, adopted by the voters m
1990, mandates that tluny percent of all new multI-fanuly housmg umts constructed m the Ctty
each year be affordable
(i) The Citis zomng laws and pohcies also mclude substantIal mcentlVes for the
productlOn of affordable housmg, mcludmg height and denSIty bonuses and reduced parkmg
reqUirements In addltlOn, the CIty operates a number of programs which faclhtate the productlOn
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of affordable housmg These mclude loans to private, for-profit developers and owners and
fundmg to non-profit agenCIes to acqUire or construct affordable housmg units
(J) Despite the CIty'S pnme locatlon and hIgh real estate values, the CIty has lustoncally
been hIghly successful m mamtammg Its economic diversity According to the 1998-2003 Update,
23 percent of the City's households are very low mcome, 16 1 percent are low mcome, 207
percent are moderate Income, and 40 1 percent are upper Income Moreover, 53 percent of
households resIdmg m rent-controlled apartments are very low- and low-mcome Tlus dIverSIty IS
an essential element ofthe City's character It sets the CIty apart from all other snnilarly situated
coastal CIties m Cahforma
(k) However, notWlthstandmg the Cay's ongomg comnutment and efforts, changes m
State and Federal law and market condItIOns are makmg It mcreasmgly dIfficult for the City to
ensure a contmued supply of affordable housmg In 1986, the State enacted the EllIs Act wluch
enables a property owner to cease operatmg property as residential rental property More
recently, in 1995, the State enacted the Costa-Hawkms Rental Housmg Act whIch phases out
linuts on the rents whIch a property owner may charge when re-rentmg voluntanly-vacated units
Except m lllruted CIrcumstances, It ehminates the CIty'S abtlity to control the rent a property
owner can Impose when a umt is mitIally rented Although the full Impacts of Costa-Hawkins will
not be felt untd 1999 and the years thereafter, studIes prepared by the Santa MODlca Rent Control
Board tracking the rent levels ofumts decontrolled as a result ofCosta-Hawkms demonstrates
that these umts are already losmg theIr affordabIbty Thus, thIS law IS havmg and will contmue to
have a slgmficant Impact on the CIty'S supply of affordable housing Moreover, there IS an
extremely low vacancy rate for the eXlstmg rental housmg stock In addItIon, reductIOns m State
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and federal fundmg for affordable housmg, changes In these programs, and the potential
expIration of controls on rents m federally-aSSIsted projects all hmder the City's ability to proVide
or promote affordable housmg In short, changes in State and federal law senously threaten the
City'S eXIstmg affordable housmg stock The decline m the affordability of this housing stock IS
further exacerbated by the productlOfi ofluxury market rate housing Given current economic
condItions and the general deSirability of the City, the new housing costs Will only contmue to
mcrease, thereby further exacerbatmg the growmg shortage of housmg affordable to very low-
and lOW-Income households in the City
(1) Cahforrua's HOUSIng Element law reqmres each City and county to develop local
hOUSIng programs deSigned to address Its <<fair share" of eXIstmg and future housmg needs for all
mcome groups The City's 1998-2003 Housmg Element Update establishes the City'S fair share
at 3,219 housmg umts of whIch 1,369 (43%) should be affordable to very low- and low-mcome
households
(m) The Housing Element Update catalogues a dozen fundmg sources that the City
uttllzes to asSist in the development of affordable housmg These substant131 resources are
projected to assist In the development of 403 new units affordable to ]ow- and moderate- income
households However, tlus represents only twenty-one (2]%) of the estimated need for new
affordable housmg m the City as establIshed by the Cny's fair share Consequently, the total
housmg needs ofthe CIty exceed the City's available resources and the City's ablhty to meet these
needs The vast majority of housing umts have been and Will contmue to be produced by the
pnvate housmg industry
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(n) This Affordable Housing Production Program WIll benefit the City as a whole Each
development which contnbutes to affordable housmg through the proviSions of this Chapter
augments the CIty's housmg nux, helps to mcrease the supply ofhousmg for all economic
segments of the community, addresses the affordable housmg need generated by the development,
and thereby supports a balanced commumty whIch is benefiCial to the publtc health, safety and
welfare of the City
9.56.020. Definitions.
The followmg words or phrases as used 10 thiS Chapter shall have the following mearnngs
Affordable Housing Fee A fee paid to the CJty by a multJfannly project apphcant
pursuant to SectIOn 956070 of this Chapter to assist the City m the production ofhousmg
affordable to very low- and low-mcome households
Affordable Housing Unit A housmg umt developed by a mulufamIly project applIcant
pursuant to SectlOns 9 56050 or 956060 of this Chapter whIch Will be affordable to very low- or
lOW-Income households
Dwelling Unit. One or more rooms, deSigned, occupied, or Intended for occupancy as
separate living quarters, with full cooking, sleepIng, and bathroom facilities for the exclUSIVe use
of a single household Dwelhng umt shall also Include smgle room occupancy units as defined 10
Santa Momca MUnIcipal Code SectIOn 9 04 02 030 790
Floor Area. Floor area as defined In Santa MOnica Mumclpal Code Section
9 04 02 030 3 15
HUD. The Umted States Department ofHousmg and Urban Development or Its
successor
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Income Eligibility. The gross annual household Income consldenng household SiZe and
number of dependents, mcome of all wage earners, elderly or disabled famtly members, and all
other sources of household income
Industrial/Commercial District Any dlstnct designated in the Santa Moruca Zonillg
Ordinance as a commercial or mdustrial dlstnct
"Low," "Very Low," and "l\loderate" Income Levels. Income levels deternuned
penodlcally by the City based on the Uruted States Department ofHousmg and Urban
Development (HOD) estimate of median famtly mcome 10 the Los Angeles-Long Beach Primary
MetropolItan Statistical Area The major mcome categones are "low-1Ocome" (sixty percent or
less of the area median), "very low-mcome" (fifty percent or less of the area median), and
"moderate-Income" (one hundred percent or less of the area median) Adjustment shall he made
by household size as established by the City
Market Rate Unit. A dwellIng umt as to which the rental rate or sales pnce IS not
restncted by tlus Chapter
Maximum Affordable Rent. A monthly housmg charge which does not exceed one-
twelfth oftlurty percent of the maXimum very low-, low-, and moderate-mcome levels as defined
m this Chapter and adopted each year by the CIty This charge shall represent full consideration
for housmg services and amenities as proVlded to market rate dwellIng uruts in the project,
whether or not occupants of market rate dwellIng umts pay separate charges for such services and
amemtles Housmg services and common area amemties mclude, but are not lImited to, the
followmg parking, use of common faclhues mcludmg pools or health spas, and utihties if the
project IS master-metered Notwtthstandmg the foregomg, utility charges, to the extent
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Individually metered for each urnt in the project, may be passed through or billed directly to the
occupants of affordable housing units In the project In addmon to maximum allowable rents
collected for those affordable hOUSing urnts
Multifamily Project. A multlfamlly residential development, Including but not IInuted to
apartments, condominiUms, townhouses, or the multifamily residential component of a mixed use
project, for whIch CIty permIts and approvals are sought
Multifamily Project Applicant Any person, firm, partnershIp, asSOCiation, joint
venture, corporatiOn, or any entlty or combmatIOn of entItIes which seeks City development
permits or approvals to developed a multifamily project
Multifamily Residential District. Any dIstnct deSignated In the Santa Moruca Zomng
Ordinance as a multifamily reSIdential dIstnct
Parcel Parcel as defined In Santa Mornca Mumclpal Code Section 9 04 02 030 570
Vacant Parcel. A parcel in a multIfamIly resIdentlal dlstnct that has no residentIal
structure located on It at the time that a multlfamIly project IS filed with the CIty'S Planmng
Department No demolItIOn of structures shall be permItted except In accordance wIth Santa
Monica MunicIpal Code Section 9 04 10 16 et seq
9.56.030. Applicability of Chapter
(a) The obhgatlons establIshed by this Chapter shall apply to each multifamlly project for
whIch a development applIcatIOn was deemed complete on or after March 1, 1998 mvolving the
constructlOn of two or more market rate umts No buIldmg permit shall be issued for any
multIfanuly project unless such constructIon has been approved In accordance WIth the standards
and procedures provided for by thiS Chapter
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(b) Multifamily projects for which a development application was deemed complete pnor
to March 1, 1998 shall be subject to the prOViSiOns of Santa Monica Mumclpal Code SectIOn 9 28
et seq as they eXIsted on the date the apphcation for the project was deemed complete
Section 9.56.040. Affordable Housing Obligation
All multlfanuly project apphcants subject to the prOVISions of this Chapter pursuant to
Section 956030 shall choose one of the followmg options to meet the requirements of this
Chapter
(a) Providing affordable hOUSing umts on-site m accordance with Section 956050
(b) ProVidmg affordable housmg umts off-sIte m accordance with SectlOn 9 56 060
(c) Paymg an affordable housmg fee In accordance with SectIon 956070
(d) AcqUiring land for affordable housmg m accordance With Section 956080
A multlfarruly project apphcatlOn wIll not be deemed complete until the apphcant has
submitted plans and proposals which demonstrate the manner In wInch the requirements of this
Chapter w1l1 be met
Section 9.56.050. On-Site Option
A multuarruly project apphcant may meet the affordable housmg obligatiOns established by
this Chapter by proVidmg affordable housing umts on-site In accordance With the following
requirements
(a) The multlfamlly project applicant agrees to construct at least (i) twenty percent (20%)
of the total umts ofa project for low-income households or (n) ten percent (10%) of the total
units of a project for very-low Income households or (m) one hundred percent (100%) of the total
units of a project for moderate-income households m an IndustnallCommercial District Any
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fractIonal affordable housmg UnIt that result from the formulas of thIs subsectIOn (a) shall be
treated as a whole affordable housmg umt (1 e any resultmg fraction shall be rounded up to the
next larger integer) and that unit shall also be built pursuant to the prOV1Slons oftlus sectJon The
Planmng and Community Development Department shall make avallable a hst of very low-, low-.
and moderate-lllcome levels adjusted for household SIze, the correspondlllg maxImum affordable
rents adjusted by number of bedrooms, and the minImum number of very low- or low-mcome
umts reqUlred for tYPIcal sizes ofmulti-fannly projects, whIch hst shall be updated penodically
(b) The multifamily project apphcant may reduce either the size or interior amenItIes of
the affordable housing UnIts as long as there are not sIgnificant IdentIfiable dIfferences between
affordable housmg units and market rate umts VISIble from the extenor of the dwelling UnIts,
proVIded that all dwelllllg umts conform to the reqUlrements of the apphcable Buildmg and
Housmg Codes However, each affordable housmg UnIt proVIded shall have at least two
bedrooms unless (I) the proposed project compnses at least mnety-five (95%) one bedroom umts,
exc1udmg the manager's umt, m which case the affordable housmg umts may be one bedroom,
(11) the proposed project compnses at least mnety-five percent (95%) zero bedroom units,
exc1udlllg the manager's umt, m which case the affordable housmg UnIts may be zero bedroom
umts or (111) the proposed project compnses zero and one bedroom UnIts, excluding the manager's
umt, in which case the affordable housing umts must be at least one bedroom umts The design of
the affordable housing umts shall be reasonably consIstent WIth the market rate units in the
project An affordable housmg UnIt shall have a minimum total floor area, dependmg upon the
number of bedrooms provided, no less than the followmg
10
o Bedrooms 500 Square Feet
1 Bedroom 600 Square Feet
2 Bedrooms 850 Square Feet
3 Bedrooms 1080 Square Feet
4 Bedrooms 1200 Square Feet
Affordable housing umts In multifamily projects of one hundred (100) umts or more must be evenly
disbursed throughout the multifamIly project to prevent undue concentratIOns of affordable housmg
umts
(c) All affordable hOUSIng umts In a multifamily project or a phase ofa multIfamily
project shall be constructed concurrently with the constructIOn of market rate units in the
mulufamIly project or phase of that project
(d) On-slte affordable hOUSing umts must be rental umts in rental projects In
ownership projects, affordable hOUSing units may be either rental units or ownersrup umts
Affordable housing ownersrup umts shall comply with requirements concerning sales price,
montWy payment, and lirruted equity and resale restnctions as established by resolutIOn of the City
CouncIl to ensure that subsequent purchasers are also Income-qualified households
(e) Each multifamIly project apphcant, or his/her successor, shall submit an annual report
to the City IdentIfYIng which umts are affordable umts, the monthly rent (or total housing cost If
an ownership umt), vacancy informatIOn for each affordable umt for the prior year, venfication of
Income of the household occupYIng each affordable umt throughout the prior year, and such other
InformatIOn as may be required by CIty staff
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(f) A multtfamlly project applicant who meets the reqUlrements of this Section shall be
entitled to the densIty bonus development standards estabhshed m Santa MOnIca Municipal Code
Section 9 04 10 14 040
(g) All residentIal developments provIdmg affordable housmg on-site pursuant to the
provisIOns of this SectIOn shall receIve pnonty building department plan check processing by
whIch housing developments shall have plan check review In advance of other pending
developments to the extent authonzed by law
Section 9.56.060. Off-site Option.
A multlfanuly project applicant may meet the affordable housing obhgations established by
thIS Chapter by providmg affordable housmg UnIts off-site tn accordance with the follOWIng
reqUirements
(a) The multIfamIly prOject apphcant shall agree to construct the same number of
affordable housmg UnIts as specIfied m SectIOn 9 56 050
(b) The multifatmly project apphcant shallldentlfy an alternate sIte suitable for residential
hOUSIng which the project apphcant eIther owns or has site control over (e g , purchase
agreement, optIOn to purchase, lease) subject to City review to ensure that the proposed
development is conSIstent with the City's housmg objectIves and projects
(c) The off-SIte UnIts shall be located WIthIn a one-quarter mIle radius of the market rate
units
(d) The off-SIte umts shall satISfy the requirements of subsections (b )-(t) of SectIOn
9 56 050
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( e) The off-site Units shall not count towards the satisfaction of any affordable housing
obligatIOn that development of the alternatiVe site with market rate Units would otherwIse be
subject to pursuant to tlus Chapter
(f) Exceptions to the location of the off-site umts specified m this SectiOn may be granted
by the Plannmg CommiSSIOn on a case-by-case basis upon a showing by the multifanuly project
applicant, based upon substantial eVIdence, that the locatiOn of off-site units m a location different
from that spect:fied m this Section better accomphshes the goals of this Chapter, includmg
maXimizing affordable housmg production and dispersmg affordable housmg throughout the City
(g) The Housmg DIvIsion of the Resource Management Department shall prepare
administrative gUIdelines to implement thiS Section
Section 9.56.070. Affordable Housing Fee.
A multifamily project apphcant may meet the affordable housmg obligatiOns established by
thiS Chapter by paymg an affordable housmg fee in accordance with the following reqmrements
(a) An affordable housmg fee may be paid m accordance with the followmg formulas
(1) Multifamily Projects in Multifamdy ReSidential Districts
Affordable housmg umt base fee X floor area of multifamtly project
(2) Multlfamtly Projects m MultifamIly ReSidential Dlstncts on Vacant Parcels
Affordable housing unit base fee X floor area of multifamily project
X 75%
(3) Multifamily Projects m IndustriaVCommercial Dlstncts on Parcels that are
either not already developed With multifamily housing or are already developed
With multlfamdy housmg, but the multifamily project preserves the eXlstmg
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multifamily housing or a Category C Removal Perrmt has been obtained for the
existing multIfamIly hOUSIng
Affordable hOUSIng unit base fee X floor area of project devoted
to residentIal uses X 50%
(b) For purposes of this Section, the affordable hOUSIng urnt base fee may be established at
least every two years by resolution of the CIty CouncIl The amount of the affordable housing
fee that the multifamily project applicant must pay shall be based on the affordable housing umt
base fee III effect at the tIme that the application for the multIfamIly project IS deemed complete
(c) The amount of the affordable hOUSIng urnt base fee may vary by product type
(apartment or condomInmm) and shall reflect, among other factors, the relationship between new
market rate multl-faffilly development and the need for affordable houslllg and the Impact that the
fee wIll have on the financIal return of multifamily project applicants
(d) The fee shall be paId m full to the City pnor to the CIty grantmg any approval for the
occupancy of the proJect-
(e) The CIty shall deposit any payment made pursuant to this Section in a Reserve
Account separate from the General Fund to be used only for development of very low- and low-
Illcome housmg, admImstratlve costs related to the productIOn of this housmg, and momtonng
and evaluatIon ofthls Affordable Housmg Production Program Any momes collected and
mterest accrued pursuant to thIS Chapter shall be committed wlthm five (5) years after the
payment of such fees or the approval of the multifamIly project, which ever occurs later Funds
that have not been appropnated WIthIn thIS five year period shall be refunded on a pro rata share
to those multIfamily project applicants who have pa1d fees dunng the penod Expenditures and
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cmrumtments of funds shall be reported to the City Councll annually as part of the City budget
process
(f) An affordable housing fee payment pursuant to thIS Section shall not be considered
provlSlon of affordable housing units for purposes of detenmrung whether the multifanuly project
quahfies for a densIty bonus pursuant to Government Code SectIOn 65915
Section 9.56.080. Land Acquisition.
A multlfamlly project applicant may meet the affordable housing obhgations estabhshed by
tlus Chapter by making an irrevocable offer (a) dedlcating land to the Clty or a non-profit
housmg provider, (b) selhng ofland to the CIty or a non-profit housing provider at below market
value, or (c) optIonmg ofland on behalf of the City or a non-profit housing provlder Each of
these optlOns must be for a value at least eqUivalent to the affordable housing obhgation othefWlse
required pursuant to thIS SectIon The multifamIly project applIcant must Identify the land at the
tIme that the development apphcatlon lS filed WIth the Clty Any land offered pursuant to this
SectIOn must be located within one-quarter mile radlUS of the market rate umts unless the
multifanuly project apphcant demonstrates that locatmg the land outSIde oftlus radius better
accomplishes the goals of thIS Chapter, mcludmg m3X1mlzing affordable housmg productIOn and
dispersing affordable housmg throughout the Clty The CIty may approve, conditionally approve
or reject such offers subject to adnunistratIVe gUidelmes to be prepared by the Housmg Dlvislon
of the Resource Management Department If the CIty rejects such offer, the multlfanuly project
apphcant shall be reqUired to meet the affordable housmg obhgatIon by other means set forth ill
this Chapter
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Section 9.56.090. Fee waivers.
The CondommiUm and Cooperative Tax descnbed in SectIon 676010 of the Santa
Momca Mumcipal Code and the Park and RecreatIon Facilities Tax established m Chapter 680 of
Article 6 of the Santa Momca Mumclpal Code shall be waived for required affordable housing
umts and for low and vel)' low income dwelling umts developed by the City or Its designee using
affordable housmg fees However, any multifamily project applIcant who elects to pay an
affordable housmg fee shall not be eligible for any fee waiver under tills SectIOn
Section 9.56.100. Pricing requirements for affordable housing units.
The CIty Councll shall, by resolution, on an annual basis, set maximum affordable rents
and maxtmum affordable purchase pnces for affordable housmg umts, adjusted by the number of
bedrooms Such maximum affordable rents shall be set at rates such that qualified occupants for
low mcome umts pay monthly rent that does not exceed thIrty percent of the gross monthly
household mcome for households earnmg Sixty percent of the median income and that qualified
occupants for very low mcome umts pay monthly rent that does not exceed thirty percent ofthe
gross monthly household mcome for households earnmg fifty percent of the median Income Such
maXimum affordable purchase pnce shall be set at rates such that qualified occupants for low
mcome umts pay total monthly housmg costs (mortgage payment, property taxes, homeowners'
msurance, property mortgage msurance, homeowners' assocIatIOn fees) that do not exceed thirty-
eight percent of the gross monthly household mcome for households earmng Sixty percent of the
median lUcome and that qualified occupants for very low mcome umts pay total monthly hOUSIng
costs (mortgage payment, property taxes, homeowners' insurance, property mortgage insurance,
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homeowners' associatiOn fees) that do not exceed thlrty-eight percent of the gross monthly
household Income for households earning fifty percent of the median mcome
Section 9.56.110. Eligibility requirements.
(a) Only low-mcome and very low-income households shall be eligible to occupy or own
and occupy affordable hOUSIng units The City shall develop a hst of mcome-quahfied households
Multlfamtly project apphcants shall be required either to select households from the Clty-
developed hst of income-qualified households or to themselves select income-quahfied households
whIch shall be subject to ehgibihty certlficatlon by the City
(b) The City shall develop adrmIDstratlVe guidelInes for the tenant and purchaser selection
process detaIled m this Section, which shall estabhsh, at a rmmrnum, the tmung by winch
affordable housmg urnts In a project must be leased or sold and occupied, both lrnttally after
Issuance of the certlficate of occupancy for the project and upon subsequent vacancies in the
affordable housmg urnt The guidelInes may also establish pnontles for Income-qualified tenants
(c) The followmg IndiViduals, by VIrtue ofthelr position or relatlonshlp, are meligible to
occupy an affordable hOUSIng urnt
(1) All employees and officlals of the City of Santa Mornca or its agencies, authonttes,
or commiSSiOns who have, by virtue ofthelr pOSItIon, pohcy-makmg authonty or mfluence over
the ImplementatIOn ofthIs Chapter and the lmmedlate relatives and employees of such City
employees and officials
(2) The Immediate relatives of the applicant or owner, mcludmg spouse, children,
parents, grandparents, brother, Sister, father-In-law, mother-In-law, son-in-law, daughter-In-law,
aunt, uncle, mece, nephew, slster-In-law, and brother-m-law
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Section 9.56.120. Relation to units required by Rent Control Board.
Vel)' low-mcome and low-income dwellmg uruts developed as part ofa market rate
project, pursuant to replacement reqUIrements of the Santa Maruca Rent Control Board, shall
count towards the satisfaction oftlus Chapter If they otherwise meet applicable requirements for
tlus Chapter mcludmg, but not limited to, the mcome eligibility reqUirements, deed restnctlOn
reqUirements, and pncmg requirements New mcluslonary umts required by the Rent Control
Board which meet the standards of this Chapter shall count towards the satlsfactlOn of tlus
Chapter
Section 9.56.130. Deed Restrictions.
Pnor to issuance of a buildmg permit for a project meetmg the requirements oftrus
Chapter by providmg affordable umts on-site or off-site, the multifamily project applicant shall
subrmt deed restnctlons or other legal mstruments settmg forth the obligation of the applIcant
under this Chapter for City review and approval Such restnctlons shall be effective for at least
fifty-five years
Section 9.56.140. Enforcement.
No building permit or occupancy perrmt shall be Issued, nor any development approval
granted, for a project which ]s not exempt and does not meet the requirement of this Chapter All
affordable housing units shall be rented or owned in accordance With tlus Chapter
Section 9.56.150. Annual Report.
The Housmg DiVision of the Resource Management Department shall submit a report to
the City Councd on an annual basts which shall contam mformatlOn concerrung the
Implementation of thiS Chapter ThiS report shall also detaIl the projects that have received
18
planmng approval dunng the preVlOUS year and the manner in wInch the provIsions of tins Chapter
were satIsfied This report shall further assess whether the provIsIOns of ProposItIon R have been
met and whether changes to this Chapter or Its ImplementatIon procedures are warranted In the
event the provislOns of Proposition R have not been met, the City Councd shall take such action
as IS necessary to ensure that the provisIOns WIll be met in the future This actIOn may Include. but
not be lmuted to. amendmg the proVlsions oftrus Chapter or Its ImplementatlOn
Section 9.56.160. Principles and Guidelines.
(a) In additIon to the administrative gUIdelines specIfically reqUIred by other provislOns of
tlus Chapter, the CIty Manager or Ins or her designee shall be the designated authority to develop
and Implement rules and regulations pertaining to this Chapter, to enter into recorded agreements
WIth multIfamIly project apphcants, and to take other appropnate steps necessary to assure that
the reqUIred affordable housmg units are proVIded and are occupIed by very low- and low-income
households
(b) Withm one year from the passage of thiS Chapter. administratIve rules and regulatlons
pertaining to this Chapter shall be brought before the CIty Councd for adoption
SECTION 2 Chapter 9 28 of the Santa Monica MUruClpal Code is hereby repealed in ItS
entIrety and the implementation gUIdehnes adopted pursuant to Chapter 9 28 are reSCInded to the
extent that the gUIdelInes are mconsistent with the proVlslons of thIS Chapter
SECTION 3 Any proviSIOn of the Santa Moruca Muruclpal Code or appendices thereto
inconSIstent WIth the proVISIons of this Ordmance, to the extent of such InCOnSistencies and no
19
further, IS hereby repealed or modified to that extent necessary to effect the provisions of this
Ordmance
SECTION 4 If any section, subsectton, 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
junsdIctlOn, such decision shall not affect the validity of the remalmng portions of this OrdInance
The City CouncIl hereby declares that it would have passed this Ordmance and each and every
section, subsection, sentence, clause, or phrase not declared Invalid or unconstitutional without
regard to whether any portlOn ofthe ordmance would be subsequently declared Invalid or
unconstitutional
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 m the officIal newspaper
wlthm 15 days after ItS adoption This Ordmance shall become effective 30 days from Its
adoption
APPROVED AS TO FORM
{I~~huuALe
MARSHA JONES MOUTRIE
Ctty Attorney
20
;;/L./ ~
Robert Holbrook, Mayor
State of CalIforrua )
County of Los Angeles) ss
CIty of Santa MOllIca )
I, Mana M Stewart CIty Clerk of the CIty of Santa MOllIca. do hereby certify that the foregomg
Ordmance No 1918 (CCS) was mtroduced on July 14, 1998 and adopted on July 21. 1998 by the
tollowmg vote
Ayes
CouncIl members
Femstem, Genser, O'Connor, Rosenstem
Noes
CouncIl members
Ebner. Greenberg, Holbrook
Abstam
CouncIl members
None
Absent
CouncIl members
None
ATTEST
--~hP~ .'.~Lu n~~~
Mana M Stewart. CIty c1erk