Loading...
SR-8-B (40) LUTM:PB:DKW:bz:hmless.k council Mtg: February 18, 1992 2-r-B fEB 1- 2 i992 Santa Monica, California TO: Mayor and city Council FROM: City staff SUBJECT: Recommendation to Adopt Emergency ordinance Implementing Zoning-Related Policies of the Homeless Task Force Report INTRODUCTION In December 1991, the city Council adopted comprehensive recommendations from the Task Force on Homelessness which addressed a wide variety of programmatic and policy actions including recommendations which were intended to promote housing for the homeless, as well as affordable housing in general. Among the priority recommendations of the Task Force Report were amendments to the City'S development regulations and procedures. Implementation of the Task Force's recommendations is critical both in the short term and the long term. Several pending proJects would be facilitated by implementation of the Task Force policies. In addition, implementation of this Council-adopted report would represent a landmark action of the city council for affordable housing development which would maintain the City'S posi ticn as a leader in addressing the problem of providing housing for the disadvantaged~ This report recommends adoption of an emergency ordinance (Exhibit A) implementing the adopted policies in the Task Force's report, and adoption of a resolution J-.$ Fco -, r ~:>C^ :,.,iJ 1 -1 Ij...L - 1 - exempting affordable housing projects from planning processing fees. BACKGROUND The "Permanent Housing" and "Planning and zoning" initiatives (See Exhibit B) of the Santa Monica Task Force on Homelessness: A Call to Action report, adopted by the City council in December, 1991, set forth a number of recommended changes to the way affordable housing projects are processed in the City, and to the development standards of the Zoning Ordinance affecting affordable housing. The City has little control over some of the key factors affecting the development of affordable housing, such as land prices, construction and lending costs, or the availability of subsidies from state or federal sources. One of the few areas where the City does exercise complete control is in the Zoning Ordinance's regulation of development, both in terms of the process by which housing is approved, and in the substantive regulations which determine the allowable scope of development. Procedures and standards can have a considerable impact on the prOduction of housing. For example, some of the City'S discretionary procedures can add months of delay. This imposes higher holding costs, as well as sometimes jeopardizing state or federal funding, for which there are often short timelines for applications to qualify for funding. In addi tion, ci ty - 2 - processing fees can add thousands of dollars to development costs. While procedural requirements can have a considerable cost impact, probably the most critical area affecting affordable housing development which is within the City's control is the development standards of the Zoning Ordinance. Density limitations, use restrictions, and parking requirements alone can determine the feasibility of a project. provision of decent housing for all income levels is one of the most important goals of the City'S General Plan. If the City is serious about facilitating the production of affordable housing for the homeless and for low-income persons generally, changes to the Zoning Ordinance must be made. The Task Force on Homelessness, comprised of a cross-section of the community, created a comprehensive set of recommendations designed to encourage and facilitate affordable housing production. The attached emergency ordinance has been developed by the staff of the Land Use and Transportation Management Department, Planning and Zoning Division; Community Development Department, Housing Division and Community and Neighborhood Services Division; and city Attorney's office to implement the Task Force's recommendations. Some of the Task Force's recommendations were highly specific, while others were more general. In cases where the recommendations were general, staff has developed specific standards implementing the recommendations. - 3 - Section-by-Section Analysis Following is a summary analysis of the substantive sections of the proposed emergency ordinance. Section 1. This section contains the findings and purpose of the ordinance. The findings reflect, in part, the conclusions of the Santa Monica Task Force on Hamelessness. Section 2. This section contains definitions of terms used in the ordinance: some of which modify existing Zoning Ordinance definitions, and others of which establish definitions of terms not presently included in the Zoning Ordinance. The term "affordable housing" is defined as housing projects in which 100% of the dwelling units are deed-restricted for occupancy by low and moderate income households. The purpose of this definition is to limit certain development allowances only to such projects~ A definition of "congregate housing" is provided in the ordinance since the zoning Ordinance presently provides no def ini tion of this type of housing, which can be a bridge between shelters and traditional forms of permanent housing. "senior housingn is defined in the emergency ordinance to address a deficiency of the existing definitions section, which lists "senior group housing, II but not housing for seniors which does not contain common services or areas. A new definition of "shelter" is proposed. This definition is substantially similar to that presently in the Zoning ordinance, - 4 - but deletes unnecessary references to various sections of the California Government Code. A revised definition of "single room occupancy housingrl is also recommended. The present definition assumes such housing will only occur wi thin hotels, rooming houses, or motels, and also effectively prohibits such housing from having bathrooms or kitchens within the unit. The new definition provides for unit sizes of between 150 and 300 square feet, and allows inclusion of kitchen and bathrooms in the unit. In addition, the definition limits occupancy of such units to no more than two persons, and eliminates references to hotels, motels, and rooming houses. A definition of IItransitional housing" is proposed, since the zoning Ordinance does not address this type of housing at present. Under the definition, transitional housing is intended to provide housing for persons for up to two years, and may include a variety of on-site/support services such as counseling. section 3. This part of the emergency ordinance addresses allowed uses and development standards for various types of housing. section 3 ( a) amends use restrictions in the R2, R3 , R4, OP2, OP3, and OP4 districts, listing senior and senior group housing as permitted uses in those districts. Presently, the Zoning Ordinance requires a Performance Standards Permit for senior group housing in the multi-family districts. This change would - 5 - mean that no discretionary permit would be required for such uses. In addition, the use limitations of the BCD, RVC, C2, C3, C3C, C4, C6, CM and CP districts would be altered to include single family housing, multi-family housing, shelters of less than 100 beds, congregate housing, transitional housing, single room occupancy housing, senior housing, and senior group housing as permitted uses. Congregate housing, senior housing, single room occupancy housing, and transitional housing are not presently addressed in any of these zones. The RVC zone presently lists single and mUlti-family units as permitted uses, while requiring a Conditional Use Permit for shelters. In the BCD zone, residential uses are presently listed as parmi tted uses, while a Performance Standards Permit (PSP) is required for senior group housing and shel ters . In the C2 zone, residential uses are currently permitted with a PSP, as are shelters and senior group housing. In the C3, CjC, C4, and C6 zones, shelters are now listed as a permitted use, while other residential uses require a PSP. In the CM zone, residential uses and shelters are currently listed as permitted uses, while in the CP zone, residential uses and shelters are currently permitted uses, but senior group housing requires a PSP. In the CC zone, shelters are presently listed as a permitted use; the emergency ordinance would add transitional housing to the list of permitted uses. - 6 - Section 3 (b) would allow , with approval of a Conditional Use Permit, congregate housing, single room occupancy housing, transitional housing, and shelters in the R2, R3, R4, OP2, OP3, OP4, C5 and Ml districts, and would require a CUP for shelters with 100 beds or more in the BCD, RVe, C2, C3, C3C, C4, C6, CM and CP districts. Section 3(c) would establish that affordable housing projects (those in which 100% of the units are deed-restricted for low and moderate-income households only) would not be subject to applicable limits on the number of stories, although such projects would remain subject to the applicable height limit in feet. This is an amendment specifically requested by the Upward Bound project, which is being proposed in a district with a two-story, 30-foot height limit. It is feasible to develop three stories of housing wi thin the 3D-foot limit, and thus provide more affordable dwelling units. Section 3(d) would provide a lO-foot height bonus for affordable housing projects in non-residential zones. If the resulting height limit exceeded the General Plan standard, and if findings of consistency with the General Plan were required (as they are for certain permit types), this bonus would not apply. (Recall that "affordable housing" means all units are affordable to low and moderate income households.) section 3 (e) is a critical amendment, which would provide that affordable housing developments not be restricted by the density - 7 - limi tations otherwise established in the residential districts. Such developments would still be governed by other applicable standards for the district, such as setbacks, lot coverage, and height limits. This amendment would allow a greater number of units to be developed on a site. Section 3(f) would establish that for affordable houisng projects which have an alley along a side property line, half the width of the alley may count towards the sideyard setback requirement, as long as a sideyard of not less than four feet is provided. In addition, affordable housing projects on parcels 70 feet wide or more need only provide one unexcavated sideyard, instead of the two which would otherwise be required. The Upward Bound applicant has requested similar amendments. The unexcavated sideyard requirement can significantly affect the number of parking spaces which can be developed on a site, which in turn governs the number of dwelling units. section 4 establishes development standards for shelters, which incorporate shelter PSP standards presently found in the Zoning Ordinance, with the exception of the present 40-bed and 4o-person limits, and restrictions on concentration of use limiting shelters to no more than one within a 1,OOO-foot radius. In addition, instead of stating that typical stays are limited to 60 days, with the ability for stays of up to 180 days, the emergency ordinance simply provides for stays of up to 180 days. - 8 - Section 5 establishes senior group housing development standards, which incorporate PSP standards for such uses from the present Zoning Ordinance, with the exception of the minimum unit size standard. The Task Force on Homelessness recommended deletion of this requirement. Section 6 incorporates existing PSP standards for residential development in commercial districts into the regulatory scheme, under which such uses would not be required to obtain a PSP, but would be required to conform to the existing PSP development standards. Section 7, revising Zoning ordinance parking requirements, represents a recognition that certain of the city's parking requirements are excessive. These new standards are among the most significant proposed in the emergency ordinance, since parking requirements are sometimes the controlling limit on many types of development, including housing. provision of parking spaces can be very expensive, often necessitating creation of underground parking structures, with attendant excavation and engineering costs, as well as inefficiencies created by ramps and stairways. The present need, under the existing Zoning Ordinance, to create unnecessary spaces, particularly for affordable housing developments, should be eliminated. Occupants of senior housing, shelters, congregate housing, and transitional housing, as well as affordable housing generally, are less likely than the occupants of market-rate apartments and - 9 - condominums to have cars. Thus r this section proposes "as of right" parking standards which address the unique nature of each of these housing types. These reductions are based on a careful analysis of the parking standards presently contained in the Zoning ordinance, which recognize (although not always adequately) some of the differences between housing types, and in addition, review of parking standards from other jurisdictions, and of data concerning parking demand from affordable housing project surveys. Presently, the Zoning Ordinance requires parking at a rate of one space for every 10 beds for shelters. The Task Force suggested examining this standard; after consultation with a shelter provider, staff is recommending that it be retained. For transitional housing, a flexible standard of 0.5 space per separate bedroom or one space for every 10 beds if sleeping arrangements are dormitory-style is recommended for this housing type, and for congregate housing, a standard of one space for every 5 beds appears appropriate. Based on a number of sources, multi-family housing which is deed-restricted for occupancy by low and moderate income households generally has lower parking requirements than comparable market-rate housing. Under the recommendations, deed-restricted studio units would require 1 space per unit, the same requirement as is presently found in the Zoning Ordinance. Deed-restricted 1-bedroom units would also need 1 space per unit, a reduction from the existing 2 space requirement, while - 10 - deed-restricted 2-bedroom units or more would need 165 spaces per uni t, a reduction from a 2-space requirement. The existing requirement for 0.5 spaces per extra bedroom above 2 bedrooms would not apply to affordable housing developments. In considering the recommendations for mUlti-family parking requirementsT it is noteworthy to compare the City's existing standards to parking demand studies and data from other jurisdictions. The 1981 ttparking Generation" report of the Institute of Transportation Engineers (ITE) found that nthe parking rate is always less than 2 spaces per unit, wi th the average rate being less than 1.2 spaces per dwelling unit" for mUlti-family rental housing projects. Most of the survey data was from projects in Illinois, Texas and California, and although the average project surveyed was considerably larger than a typical Santa Monica project, the data indicate that the recommended reductions, which would not apply to market rate housing, are within an appropriate range. Examination of actual parking standards from other cities is also instructive: numerous jurisdictions evaluated in a 198B study of 115 California jurisdictions by International Parking DesignT Inc. require only 1 space per unit for market rate single units, and require less than 2 spaces per unit for market-rate one and two-bedroom units. In addition I households occupying deed-restricted units tend to have fewer cars than "market-rate" households according to studies conducted by Community Corporation of Santa Monica and - 11 - other affordable housing providers. A 1990 survey by Community Corporation of 324 units under its management found from 0.4 to 0.6 vehicles per bedroom owned by low income households. Of 44 senior households surveyed, only 3% owned two vehicles, 57% owned one vehicle, and 40% owned no vehicle. Further, 1990 Census data for Santa Monica indicate that 49.6% of all households in Santa Monica are occupied by just one person, with another 30% occupied by only two persons. Requirements for senior and senior group housing would also be reduced from the present requirement of 1 space per unit, to a requirement of 0.5 space per unit. The Zoning ordinance provided a reduction to 0.5 spaces per unit for low- and moderate-income senior units; this requirement would be lowered to 0.25 spaces per unit for units restricted to low income households. The ITE study cited above found average weekday parking demand for a limited sample of senior projects to be 0.27 spaces per unit, average Saturday demand of 0 . ] 2 spaces per unit, and average Sunday demand of 1.0 spaces per unit. The Zoning Ordinance contains no standard for single room occupancy housing: the proposed ordinance would provide a standard of 0.5 spaces per unit for market-rate projects, and 0.25 spaces per unit for affordable housing units of this type. Another change to the parking requirements would be to allow 40% compact parking for affordable units. The 40% compact standard has applied to all types of commercial parking since 1988. - 12 - section 8 of the ordinance would establish a 25% floor area bonus for affordable housing projects non-residential zones to enhance the feasibility of such projects, as well as to allow additional units to be created. processing Fees Also proposed is adoption of a resolution amending Planning fees to eliminate processing fees for affordable housing projects. Such fees are not insubstantial: a CUP fee is $1,630: a Development Review fee is $2,250: a variance fee is $600. BUDGET/FINANCIAL IMPACT Although the elimination of Planning processing fees for affordable housing developments would have an adverse fiscal impact, due to the low numbers of such projects, such impact would not be significant, likely amounting to less than $10,000 per year. RECOMMENDATION It is respectfully recommended that the City Council: 1. Adopt the attached Emergency Ordinance (Exhibit A) 2. Adopt the attached resolution amending Planning fee requirements for affordable housing developments (EXhibit C). - 13 - 3. Direct staff to prepare permanent zoning Ordinance amendments corresponding to those of the emergency ordinance for consideration by the Planning Commission. Prepared by: Paul V. Berlant, LUTM Director D. Kenyon Webster, Planning Manager Julie Rusk, Acting eNS Manager Charles Elsesser, Housing Manager Exhibits: A. Emergency Ordinance B. Task Force Zoning-Related Recommendations C. ReSOlution Amending Planning Fee Requirements k.hmless 2/5/92/1 - 14 - CA:RMM:tp86/hpadv city Council Meeting 2-18-92 Santa Monica, California ORDINANCE NUMBER (city Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MODIFYING ZONING AND DEVELOPMENT STANDARDS TO FACILITATE SHELTERS, TRANSITIONAL HOUSING, AND OTHER AFFORDABLE HOUSING ON AN INTERIM BASIS AND DECLARING THE PRESENCE OF AN EMERGENCY WHEREAS, the Santa Monica Task Force On Homelessness ("Task Force") has recommended that the City Council adopt measures to promote the development of affordable housing in Santa Monica; and WHEREAS, the Task Force has found that the City's planning and zoning restrictions and implementation make it difficult to develop affordable housing within the city limits, and has recommended the modification or elimination of current zoning regulations which slow down or prohibit the development of a range of housing opportunities for the homeless and special needs populations; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Findinqs and Purpose. The City Council finds and declares: (a) There is a growing population of homeless and other persons in the City in need of a range of housing opportunities - 1 - including transitional housing, congregate housing, homeless shelters, single room occupancy housing units and deed-restricted affordable housing . (b) The lack of particularly affordable health and safety. (c) There are several projects currently proposed or contemplated which, if completed, would help meet the need for affordable housing in the ci ty . Present zoning restrictions hinder the development of these projects. (d) The Zoning Ordinance requires review and revision with respect to eliminating barriers to the development of affordable housing. a range of housing housing, threatens the opportunities, public peace, (e) Pending such review and revision, and in order to facilitate the processing and development of currently pending or contemplated affordable housing projects, it is necessary to modify on an interim basis the zoning standards governing the development of affordable housing. SECTION 2. Definitions. The following words or phrases as used in this ordinance shall have the following meanings: Affordable Housing Project. Housing in which 100% of the dwelling units are deed-restricted for occupancy by low or moderate income households. Such projects may also include non-residential uses, as long as such uses do not exceed 33% of the floor area of the total project. Conqregate Bousinq. A residential facility with shared kitchen and sanitary facilities providing long-term shelter and - 2 - services which may include meals, housekeeping, and personal care assistance as well as common areas for residents of the facility. "Moderate" and "Low" Income Levels. For purposes of this Ordinance, determined periodically by the City based on the united states Department of Housing and Urban Development (HUD) estimate of median income in the Los Angeles-Long Beach Primary Metropolitan statistical Area. The two major income categories are: "moderate income" (61% to 100% of the area median) and "low income" (60% or less of the area median). Further adjustment shall be made by household size as established by the City. The Housing Department shall make available a list of moderate and low income levels as adjusted, which list shall be updated periodically by the City and filed with the City Clerk. senior Housinq. Residential dwellings in which each unit is restricted for occupancy by at least one person in each household who is 62 years of age or older. without restriction as to age of occupant, units may also be occupied by management or maintenance personnel who are required to live on the premises. Shelter. A residential facility operated by a provider, other than a community care facility, which provides temporary accommodations to persons and/or families with low income. The term "temporary accommodations" means that a person or family will be allowed to reside at the shelter for a time period not to exceed six (6) months. For the purpose of this definition, a uproviderll shall mean a government agency or private non-profit organization which provides, or contracts with recognized community organizations to provide, emergency or temporary - 3 - shelter, and which may also provide meals, counseling, and other services, as well as common areas for residents of the facility. single Room Occupancy Housing. Buildings containing dwelling units with a minimum floor area of 150 square feet and a maximum floor area of 300 square feet which may have kitchen and/or bathroom facilities. said dwelling units are restricted to no more than two persons and are offered on a monthly rental basis or longer. Transitional Housing. A residential facility that does not restrict occupancy to six months or less and that provides temporary accommodations to low and moderate-income persons and families for periods of up to two years, and which also may provide meals, counseling, and other services, as well as common areas for residents of the facility. SECTION 3. Interim Zoninq and Development Standards. Notwithstanding any provisions of the Santa Monica Municipal Code to the contrary, the following zoning and developments standards shall apply to the following types of housing: (a) Permitted Uses. In addition to the uses permitted in the zone, the following uses shall be uses in the R2, R3, R4, OP2, OP3, and OP4 districts: senior and senior group housing. In addition to the uses currently permitted in the zone, the following uses shall be permitted uses in the BCD, RVC, C2, C3, C3C, C4, C6, CM, and CP districts: single family dwelling units, multi-family dwelling units, shelters with less than 100 currently permitted - 4 - beds, congregate housing, transitional housing, single room occupancy housing, senior and senior group housing. In addition to the uses currently permitted in the zone, the following use shall be permitted in the CC district: transitional housing. (b) Conditionally Permitted Uses. In addition to the uses currently conditionally permitted in the zoning district, the following uses shall be conditionally permitted uses in the R2, R3, R4, OP2, OP3, OP4, C5 and Ml districts: Congregate housing, single room occupancy housing, transitional housing, shelters. In addition to the uses currently conditionally permitted in the zoning district, the following uses shall be conditionally permitted uses in the C5 and Ml districts: mUlti-family dwelling units, senior, and senior group housing. In addition to the uses currently conditionally permitted in the zoning district, the following use shall be conditonally permi tted in the BCD, RVC, C2, C3, C3C, C4, C6, eM, and CP districts: shelters with 100 or more beds. (c) Maximum Building Height. There shall be no limitation on the number of floors of any Affordable Housing Project, as long as the building height does not exceed the maximum number of feet allowed in the underlying zoning district, or as allowed in section 3(d) of this Ordinance. (d) Height Bonus In Non-Residential Districts. The height of an Affordable Housing Project located in a non-residential district may exceed by 10 feet the maximum number of feet allowed in the underlying zoning district. - 5 - (e) Maximum unit Density. There shall be no limitation on the number of units contained within any Affordable Housing Project located in a residential district. (f) Setback Requirements. Affordable Housing Projects located on a corner parcel, the street frontage dimension of which requires that the property line adjacent to the alley be deemed a side parcel line, may count one-half of the width of the alley as a portion of the required side yard setback, as long as a minimum setback of 4 feet from the property line is maintained. Affordable Housing Projects need only provide and maintain the unexcavated area required by section 9040.17 of the Santa Monica Municipal Code on one side of the property. SECTION 4. Development Standards Applicable to Shelters. Shelters shall not be subject to the issuance of a performance standards permit in any zoning district. Shelters located in any district shall comply with the following development standards: (a) Property Development Standards. Shelters shall conform to all property development standards of the zoning district in which it is located except as modified below. (b) Lighting. Adequate external lighting provided for securi ty purposes. The lighting stationary, directed away from adj acent properties rights-of-way, and of an intensity compatible neighborhood. (c) Laundry Facilities. laundry facilities or services residents. shall be shall be and public with the The development adequate for shall provide the number of - 6 - (d) Common Facilities. The development may provide one or more of the following specific common facilities for the exclusive use of the residents and staff: (1) Central cooking and dining room(s). (2) Recreation room. (3) Counseling center. (4) Child care facilities. (5) Other support services. security. Parking and outdoor facilities shall be to provide security for residents, visitors, and (e) designed employees. (f) Landscaping. On-site landscaping shall be installed and maintained pursuant to the standards outlined in Subchapter 5B. (g) Outdoor Activity. For the purposes of noise abatement in residential districts, organized outdoor activities may only be conducted between the hours of 8:00 A.M. to 10:00 P.M. (h) Refuse. Homeless shelters shall provide a refuse storage area that is completely enclosed with masonry walls not less than five (5) feet high with a solid-gated opening and that is large enough to accommodate a standard-sized trash bin adequate for use on the parcel. The refuse enclosure shall be accessible to refuse collection vehicles. (i) Shelter Provider. operating the shelter shall requirements: (1) Temporary shel ter shall residents for no more than 180 days. The agency comply with or organization the following be available to - 7 - (2) Staff and services shall be provided to assist residents to obtain permanent shelter and income. Such services shall be available at no cost to all residents of a provider's shelter or shelters. (3) The provider shall not unlawfully discriminate in any services provided. (4) The provider shall not require participation by residents in any religious or philosophical ritual, service, meeting or rite as a condition of eligibility. SECTION 5. Development Standards Applicable to Senior Group Housing. Senior Group Housing shall not be subject to the issuance of a performance standards permit in any zoning district. senior Group Housing located in any district shall comply with the following development standards: (a) Property Development Standards. The senior group housing shall conform with all local, state, and federal requirements for senior group housing. The senior group housing facility shall conform to all property development standards of the zoning district in which it is located, except as modified below. (b) Maximum Number of Dwelling units. The number of dwelling units may exceed that which is permitted in the underlying zoning district if the dwelling units consist of individual rooms that contain full bathrooms and small, efficiency kitchens located in a building that also contains a common kitchen, dining and living space, adequate to serve all residents. - 8 - (c) Lighting. Adequate external lighting provided for security purposes. The lighting stationary, directed away from adj acent properties rights-of-way, and of an intensity compatible residential neighborhood. (d) Laundry Facilities. The development shall provide laundry facilities adequate for the residents. (e) Common Facilities. The development may provide one or more of the following specific common facilities for the exclusive use of the senior citizen residents: shall be shall be and public with the (1) Central cooking and dining room. (2) Beauty salon and barber shop. (3) Small pharmacy. (4) Recreation room. (5) Library. (f) Security. Parking and outdoor facilities shall be designed to provide security for residents, guests, and employees. (g) Landscaping. On-site landscaping shall be installed and maintained pursuant to the standards outlined in subchapter 5B. (h) Minimum Age. Residential occupancy shall be limited to single persons 62 years of age or older, or to couples in which one person is 62 years of age or older. SECTION 6. Development Standards Applicable to Residential Uses in Commercial Districts. Residential uses shall not be subject to the issuance of a performance standards permit in any - 9 - zoning district. Single family dwelling units, mUlti-family dwelling units, congregate housing, transitional housing, single room occupancy housing, and senior housing, located in the BCD, RVC, C2, C3, C3C, C4, C6, CM, and CP districts, and transitional housing located in the CC district, shall comply with the following development standards: (a) Location. The residential units shall not be located on the ground floor street front except where specifically permitted. Residential units may be located on the ground floor provided they are at least 50 feet from the front property line. (b) Access. The residential units shall have a separate and secured entrance and exit that is directly accessible to the parking. (c) Parking. Residential use parking shall comply with Subchapter 5E, except as modified by this Ordinance. Parking may be shared when the commercial or manufacturing use generates a parking demand primarily during the hours of 8: 00 A.M. to 5: 00 P.M., Monday through Friday. (d) Noise. Residential units shall be constructed so that interior noise levels do not exceed 55 decibels for more than 60 minutes in any 24 hour period and 45 decibels for more than 30 minutes between the hours of 11:00 P.M. and 7:00 A.M. (e) Lighting. All lighting shall comply with section 9040.27. (f) Design. The floors devoted to residential units shall provide an exterior appearance and character which denotes it as housing and is visibly different from the commercial or manufacturing floors through the use of patios changes in - 10 - fenestration, and appropriate levels of detail, while maintaining a cohesive quality. (g) Landscaping. Landscaping shall be used to minimize traffic noise with the possibility of creating unique rooftop gardens overlooking the streets. (h) Refuse storage and Location. The residential units shall maintain a refuse storage container separate from that used by the commercial or manufacturing business. It shall be clearly marked for residential use only and use by commercial or manufacturing businesses is prohibited. SECTION 7. Parkinq Standards. The following parking standards shall apply to the following types of housing: Unit Type Spaces Required Compact Percentage Congregate Housing 1 space/5 beds 40% Housing units Deed-Restricted for Low and Moderate Income studio, no bedroom 1 space/unit 1 bedroom 1 space/unit 2 bedroom or larger 1.5 space/unit visitor 1 space/5 units 40% 40% 40% 40% senior and Senior Group Housing 0.5 space/unit Senior and Senior Group Housing Deed Restricted to Low and Moderate Income 0.25 space/unit visitor 1 space/5 units Shelters 1 space/10 beds 40% 40% 40% 40% - 11 - Single Room Occupancy 0.75 space/unit 40% visitor 1 space/5 units 40% single Room Occupancy Deed Restricted to Low and Moderate Income 0.5 space/unit 40% visitor 1 space/5 units 40% Transitional Housing. 0.5 space/separate bedroom 40% or 1 space/10 beds if dormitory style SECTION 8. Density Bonus for Inclusion of Housing in Non-Residential Zones. In addition to any other applicable provision of this Ordinance, Affordable Housing Projects located in non-residential zoning districts may have a Floor Area Ratio equal to the applicable FAR limitation of the underlying zoning district plus .25 times the floor area devoted to such units. In mixed-used projects, such bonus may be utilized in the residential portion of the project only. SECTION 9. This Ordinance shall be of no further force and effect 45 days from its adoption, unless prior to that date, after a public hearing, noticed pursuant to section 9131.5 of the Santa Monica Municipal Code, the City Council, by majority vote, extends the interim ordinance for up to 10 months and 15 days. SECTION 10. This ordinance is declared to be an urgency measure adopted pursuant to the provisions of section 9120.6 of the Santa Monica Municipal Code and section 615 of the Santa Monica City Charter. It is necessary for preserving the public - 12 - peace, health and safetYl and the urgency for its adoption is set forth in the findings above. SECTION 11. 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, are hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 12. 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 any 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 13. 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 pub 1 ished once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective upon adoption. APPROVED AS TO FORM: ~~,~ ~ ~"-~ --~ U ROBERT M. MYERS City Attorney - 13 - CA:RMM:tp89jhpadv City council Meeting 2-18-92 santa Monica, California RESOLUTION NUMBER (City council Series) AN RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MODIFYING PLANNING, ZONING AND LAND USE FEES WHEREAS, the Santa Monica Task Force On Homelessness ("Task Force") has recommended that the city council adopt measures to promote the development of affordable housing in Santa Monica; and WHEREAS, the Task Force has found that the City's planning and zoning restrictions and implementation make it difficult to develop affordable housing within the City limits, and has recommended the modification or elimination of current zoning regulations which slow down or prohibit the development of a range of housing opportunities for the homeless and special needs populations; and WHEREAS, Municipal Code section 9210 authorizes the setting of planning, zoning, and land use fees by resolution, and WHEREAS, the City Council has adopted Resolution Number 7607 (CCS) and Resolution Number 8082 (CCS) setting planning, zoning and land use fees, and - 1 - WHEREAS, it is necessary to amend these fees with respect to affordable housing in order to encourage the development of such housing in the City, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. Residential housing projects in which 100% of the dwelling units are restricted for occupancy by low or moderate income households shall be exempt from the fees established by Resolution No. 7607 (CCS) and 8082 (CCS). SECTION 2. The city Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: ~~.~.,~ --~- 0 ROBERT M. MYERS City Attorney - 2 -