O2350City Council Meeting: 2-22-11
Santa Monica. California
ORDINANCE NUMBER 2350 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS
9.04.10.14.040, 9.04.10.14.050, AND 9.56.050 AND ADDING SANTA MONICA
MUNICIPAL CODE SECTIONS 9.04.10.14.060, 9.04.10.14.070, 9.04.10.14.080 AND
9.04.10.14.090 TO MODIFY THE CITY'S DENSITY BONUS AND AFFORDABLE
HOUSING INCENTIVES IN ACCORDANCE WITH STATE DENSITY BONUS LAW
WHEREAS, in September 2004, the State adopted SB 1818 which changed the
State's density bonus law; and
WHEREAS, this law imposes new state housing mandates on California cities
regarding required density bonuses and incentives for housing developers; and
WHEREAS, the law lowers both the set-aside requirements for affordable units
and the density bonus; and
WHEREAS, as additional affordable units are set aside, the State law gradually
increases the density bonus to a maximum of 35 percent; and
WHEREAS, this law also provides housing developers with additional incentives
or concessions as the percentage of affordable units is increased and also authorized
housing developers to request a waiver of development standards if necessary to make
a development feasible and cities must grant concessions unless certain findings are
made; and
WHEREAS, SB 1818 also includes density bonus provisions for senior housing
development and for housing developers that donate land to the City for affordable
housing and this legislation also continues previous density bonus provisions to
encourage the inclusion of child care facilities in affordable housing developments; and
WHEREAS, in September 2005, the State adopted SB 435 which expanded the
scope of developments entitled to obtain density bonuses to include senior mobilehome
parks, community apartment developments, and stock cooperatives and made
additional clarifications to the law; and
WHEREAS, the State Density Bonus Law was further modified in 2008 through
the adoption of AB 2280; and
WHEREAS, the State Density Bonus Law requires cities to adopt an
implementing ordinance; and
WHEREAS, in accordance with State law, the City adopted interim ordinances
which modified the City's existing density bonus regulations to alter the number of units
that developers must agree to set aside as affordable to qualify for a density bonus and
the corresponding density bonus percentages; to permit density bonuses for common
interest developments, senior citizen developments, qualifying mobilehome parks, and
donations of land; to authorize density bonuses for affordable housing developments
that include a child care facility on site; and to provide required incentives, concessions,
and development waivers; and
WHEREAS, more specifically, the City Council adopted Ordinance Number 2176
(CCS) on February 14, 2006 which modified the City's density bonus and affordable
housing incentives in accordance with State density bonus law and extended and
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modified this ordinance by adopting Ordinance Number 2180 (CCS) on April 11, 2006
and Ordinance Number 2252 (CCS) on March 25, 2008; and
WHEREAS, Ordinance Number 2252 (CCS) expired on July 26, 2010 and could
not be extended; and
WHEREAS, on February 2, 2011, the Planning Commission reviewed the
proposed text amendment and recommended to the City Council that the Council adopt
the amendment; and
WHEREAS, the proposed text amendment is consistent in principle with the
goals, objectives, policies, land uses, and programs specified in the adopted General
Plan, including Goal LU 11 (provide additional opportunities for a diversity of housing
options for all income groups and advance the City's sustainability goals through
housing production), LU 11.1 (continue to support the healthy, diverse neighborhoods
that provide a range of housing choices to meet the needs of its residents), LU 11.3
(provide incentives to build and increase the ratio of affordable and workforce housing
and to conserve character defining multi-family housing), LU 11.5 (provide opportunities
for housing and care facilities that meet the needs of diverse age groups and abilities
including singles, families, seniors, disable persons and homeless individuals), LU 11.6
(encourage projects providing exclusively very low-, low-, and moderate-income
housing through incentives such as a streamlined permit process, flexible development
and parking standards, density bonuses, and financial assistance, and H1.1 (maintain
programs to require and encourage the production of affordable housing for very low,
low and moderate-income households); and
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WHEREAS, the public health, safety, and general welfare require the adoption of
the proposed amendment, in that this ordinance will ensure compliance with
Government Code Section 65915 which requires cities to adopt an implementing
ordinance that provides affordable housing density bonuses and offers concessions and
incentives for specified housing developments and in that this ordinance continues the
City's Tong-standing commitment to affordable housing and the provision of incentives
for the creation of this desired housing type and is integrated with the City's other
existing regulations promoting affordable housing production,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 9.04.10.14.040 is hereby
amended to read as follows:
Section 9.04.10.14.040. State incentives for
affordable housing in residential zones -density
bonuses.
This Section describes the minimum density bonuses
which shall be provided, at the request of an applicant when
that applicant provides affordable units, pursuant to Chapter
4.3 (commencing with Section 65915) of Division 1 of Title 7
of the Government Code, in addition to the affordable units,
if any, required by Santa Monica Municipal Code Chapter
9.56, the City's Affordable Housing Production Program.
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Notwithstanding any provision of this Section to the contrary,
development projects must satisfy all applicable
requirements of Chapter 9.56, the City's Affordable Housing
Production Program, including but not limited to Sections
9.56.050, 9.56.100, 9.56.110, and 9.56.130. However,
development projects of four or more residential units that
provide on-site affordable units pursuant to Section 9.56.050
shall be entitled to the additional density bonuses and the
incentives provided by Sections 9.04.10.14.050 and
9.04.10.14.060 and to the waiver/modification of
development standards provided by Section 9.04.10.14.070.
(a) The City shall grant a density bonus to a
developer of a housing development who seeks a density
bonus under the State Density Bonus law and agrees to
construct at least one of the following in accordance with the
requirements of this Section and Government Code Section
65915:
(1) Ten percent (10%) of the total units of the housing
development as restricted affordable units affordable to
lower income households; or
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(2) Five percent (5%) of the total units of the housing
development as restricted affordable units affordable to very
low income households; or
(3) A senior citizen housing development; or
(4) A qualifying mobilehome park; or
(5) Ten percent (10%) of the total units of a common
interest development as restricted affordable units affordable
to moderate income households, provided that all units in the
development are offered to the public for purchase subject to
the equity sharing and restrictions specified in Government
Code Section 65915(c)(2).
(b) This Section establishes the minimum density
bonuses that shall be awarded to a housing development in
a residential zone under the State Density Bonus Law. In
determining the number of density bonus units to be granted
pursuant to this Section, the maximum residential density for
the site shall be multiplied by 0.20 for subdivision (a)(1),
(a)(2), (a)(3), and (a)(4) and by 0.05 for subdivision (a)(5),
unless a lesser number is selected by the developer. The
number of density bonus units may also be increased in
accordance with the Density Bonus Calculation Table and
Density Bonus Summary Table located in Section
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9.04.10.14.050. However, except as provided in .Section
9.04.10.14.030(b)(2), in no event shall the total density
bonus for affordable housing under local provisions and
under state density bonus provisions exceed thirty-five
percent:
(1) In calculating the minimum density bonus
established by this Section or the additional density bonus
established by Section 9.04.10.14.050, the density bonus
units shall not be included when determining the number of
restricted affordable. units required to qualify for a density
bonus and any calculations resulting in a fractional number
shall be rounded upwards to the next whole number. Each
housing development is entitled to only one density- bonus,
which may be selected based on the percentage of either
very low restricted affordable units, lower income restricted
affordable units or moderate income restricted affordable
units, or the development's status as a senior citizen housing
development or qualifying mobilehome park. Density
bonuses from more than one category may not be
combined.
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(2) A developer may request a lesser density bonus than
that which is available for a housing development under this
Section and Section 9.04.10.14.050; however, the City shall
not be required to similarly reduce the number of units
required to be dedicated pursuant to this Section and
Government Code Section 65915(b).
(c) Certain other types of development activities are
specifically eligible for a density bonus:
(1) A residential project may be eligible for a density
bonus in return for land donation pursuant to the
requirements set forth in Government Code Section
65915(g).
(2) A residential project that contains a child care
facility as defined by Government Code Section 65915(h)
may be eligible for an additional density bonus or incentive
pursuant to the requirements set forth in that section.
SECTION 2. Santa Monica Municipal Cdde Section 9.04.10.14.050 is hereby
amended to read as follows:
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Section 9.04.10.14.050 Additional Density Bonus
Increase in Residential Zones.
As set forth in the Density Bonus Calculation Table
and Density Bonus Summary Table at the end of this
Section, a housing development shall be granted an
increase in the density bonus up to a maximum of thirty-five
percent (35%) by increasing the number of restricted
affordable units, as follows:
(a) For- each one percent (1%) increase in the
percentage of restricted Very Low Income affordable units, a
housing development will receive an additional two and one-
half percent (2.5%) density bonus up to a maximum of thirty-
five percent (35%).
(b) For each one percent (1%) increase in the
percentage of restricted Lower Income affordable units, a
housing development will receive an additional one and one-
half percent (1.5%) density bonus up to a maximum of thirty-
five percent (35%).
(c) For each one percent (1 %) increase in the
percentage of Moderate Income affordable units, a for sale
housing development will receive an additional one percent
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(1%) density bonus up to a maximum of thirty-five percent
(35%).
(d) For each one percent (1%) increase above the
minimum ten percent (10%) land donation described in
Government Code Section 65915(h)(2), the density bonus
shall be increased by one percent (1%) to a maximum of
thirty-five percent (35%). This increase shall be in addition to
any increase in density mandated by subdivision (c) of this
Section, up to a maximum combined by right density
increase of thirty-five percent (35%).
(e) No additional density bonus increases shall be
authorized for senior citizen housing developments or
qualifying mobilehome parks beyond the bonus authorized
by Section 9.04.10.14.040(b).
(f) Affordable housing units provided pursuant to this
Section and Section 9.04.10.14.050 shall conform to the
affordability requirements set forth in subsections (b) and (c)
of Government Code Section 65915 as applicable.
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Density Bonus Summary Table
Target Group Minimum Bonus Additional
Restricted
Affordable
Granted Bonus for Units
Restricted
Affordable
Units Each 1% Required
Increase in For
Restricted Maximum
Affordable
_ Units 35%
Bonus
Ve Low Income 5% 20% 2.5% 11%
Lower Income 10% 20% 1.5% 20%
Moderate Income (Common 10% 5% 1% 40%
Interest Dev.
Senior Citizen Housino
Deve l opme nt/Q u al ifvi np
Mobilehome Park 100% 20% - - '',
Density Bonus Calculation Table
Percentage of Very-Low Income Density Bonus Percentage
Units
5 20
6 22.5
7 25
8 27.5
9 30
10 32.5
11 35
Percentage of Lower-Income P
ercentage
Density Bonus
Units
10 20
11 21.5
12 23
13 24,5 ii
14 26
15 27.5
16 29.0
17 30.5
18 32
19 33.5
20 35
11
Percentage of Moderate-Income Density Bonus Percentage
Units
10 5
11 6
12 7
13 8
14 9
15 10
16 11
17 12
18 13
19 14
20 15
21 16
22 17
23 18
24 19
25 20
26 21
27 22
28 23
29 24
30 25
31 26
32 27
33 28
34 29
35 30
36 31
37 32
38 33
39 34
40 35
SECTION 3. Section 9.04.10.14.060 is hereby added to the Santa Monica
Municipal Code to read as follows:
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Section 9.04.10.14.060 State incentives for
affordable housing in residential zones.
This Section includes provisions for providing
incentives pursuant to Chapter 4.3 (commencing with
Section 65915) of Division 1 of Title 7 of the Government
Code. An applicant may request incentives pursuant to this
Section only when the residential project is eligible for, and
the applicant requests, a density bonus pursuant to Section
9.56.050(1) or pursuant to Section 9.04.10.14.040.
(a) By Right Parking Incentives. As an alternative to
Section 9.04.10.08.040, Density bonus housing
developments shall- be granted the following maximum
parking standards; inclusive of handicapped and guest
parking, which shall apply to the entire development, not just
the restricted affordable units, when requested by a
developer:
(1) Zero to one bedroom dwelling unit: one onsite
parking space
(2) Two to three bedrooms dwelling unit: two
onsite parking spaces
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(3) Four or more bedrooms: two and one-half
parking spaces
If the total .number of spaces required results in a
fractional number, it shall be rounded up to the next whole
number. For purposes of this subsection (a), this parking
may be provided through tandem parking or uncovered
parking, but not through on-street parking.
(b) Additional Incentives or Concessions. As set
forth in the incentives/concessions summary table at the end
of this subsection (b), in addition to by right parking
incentives identified in subsection (a) above, density bonus
housing developments shall be granted one, two or three
incentives or concessions as follows:
(1) For housing developments- with Very Low
Income restricted units:
(A) One incentive or concession if five percent
(5%) of the units (not including the bonus units) are set aside
for very low income households.
(B) Two incentives or concessions if ten percent
(10%) of the units (not including the bonus units) are set
aside for very low income households.
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(C) Three incentives or concessions if fifteen
percent (15%) of the units (not including the bonus units) are
set aside for very low income households.
(2) For housing developments with Lower Income
or Moderate Income restricted units:
(A) One incentive or concession if ten percent
(10%) of the units are sef aside for lower income households
or if ten percent (10%) of the units are set aside for
moderate income households in a common interest
development.
(B) Two incentives or concessions if twenty percent
(20%) of the units are set aside for lower income households
or if twenty percent (20%) of the units are set aside for
moderate income households in a common .interest
development.
(C) Three incentives. or concessions if thirty percent
(30%) of the units are set aside for lower income households
or if thirty percent (30%) of the units are set aside for
moderate income households in a common interest
development.
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Incentives/Concessions Summary Table
Target Group Restricted Affordable Units
Ve Low Income 5% 10% 15%
Lower Income 10% 20% 30%
Moderate Income (Common 10% 20% 30%
Interest Dev.)
Maximum
Incentive s /Concession s 1 2 3
(c) For purposes of subsection (b) of this Section
9.04.10.14:060, an incentive means the following:
(1) A reduction of development standards or
architectural design requirements which exceed the
minimum applicable building standards approved by the
State Building Standards Commission pursuant to Part 2.5
(commencing with Section 18901) of Division 13 of the
Health and Safety Code, including but not limited to,
setback, coverage, and/or parking requirements which result
in identifiable, financially sufficient and actual costs
reductions, based upon appropriate financial analysis and
documentation to the extent required by the City pursuant to
Section 9.04.10.14.080.
(2) Allowing mixed use development in conjunction
with the proposed residential development, if nonresidential
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land uses will reduce the cost of the residential project and
the nonresidential land uses are compatible with the
residential project and existing or planned surrounding
development consistent with the City's General Plan and
Zoning Ordinance.
(3) Other regulatory incentives proposed by the
applicant or the City which result in identifiable financially
sufficient, and actual -cost reductions, based upon
appropriate financial analysis and documentation to the
extent required by the City pursuant to Section
9.04.10.14.080.
(d) Housing developments that meet the
requirements of Government Code Section 65915(b) and
include a child care facility that will be located on the
premises of, as part of, or adjacent to, the development,
shall be granted an additional concession or incentive that
contributes significantly to the economic feasibility of the
construction of the child care facility.
(e) In submitting a proposal for the number of
incentives or concessions authorized by this Section, a
housing developer may request the specific incentives set
forth in subsection (f) of this Section or may submit a
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proposal for other incentives or concessions. The process
for reviewing this request is set forth in Section
9.04.10.14.080.
(f) Housing developments in residentially zoned
districts that meet the requirements of subsection (b) of this
Section may request one or more of the following incentives,
as applicable:
(1) Up to a fifteen percent (15%) deviation from
one side yard setback requirement.
(2) Up to a ten percent (10%) increase in first floor
parcel coverage.
(3) Up to fifteen percent (15%) deviation from rear
yard setback requirements.
SECTION 4. Section 9.04.10.14.070 is hereby added to the Santa Monica
Municipal Code to read as follows:
Section 9.04.10.14.070 Waiver/Modification of
Development Standards for Housing Developments in
Residential Zones.
Developers may seek a waiver or modification of
development standards that will have the effect of precluding
the construction of a density bonus housing development at
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the densities or with the concessions or incentives permitted
by this Section. The developer shall show that development
standards that are requested to be waived or modified will
have the effect of physically precluding the construction of a
housing development meeting the criteria of subsection (b)
of Section 9.04.10.14.040 at the densities or with the
concessions or incentives permitted by this Ordinance.
SECTION 5. Santa Monica Municipal Code Section 9.04.10.14.080 is hereby
amended to read as follows:
9.04.10.14.080 Procedures
The following procedures shall govern the processing
of a request for a density bonus, incentive, concession,
waiver, modification, or revised parking standard:
(a) An application for a density bonus, incentive,
concession, waiver, modification, or revised parking
standard pursuant to this Ordinance shall be submitted with
the first application for approval of a housing development
and processed concurrently with all other applications
required for the housing development. The application shall
be submitted on a form prescribed by the City and shall
include at least the following information:
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(1) Site .plan showing total number of units,
number and location of affordable housing units, and number
and location of proposed density bonus units.
(2) Target income of affordable housing units and
proposals for ensuring affordability.
(3) Description of any requested incentives,
concessions, waivers or modifications of development
standards, or modified parking standards. For all incentives
and concessions that are not included within the menu of
incentives/concessions set forth in subsection (f) of Section
9.04.10.14.060 or set forth in subsection (a) of Section
9.04.10.14.060, the application shall include a pro forma
providing evidence that the requested incentives and
concessions result in identifiable, financially sufficient, and
actual cost reductions. The cost of reviewing any required
pro forma or other financial data submitted as part of the
application in support of a request for aincentive/concession
or waiver/modification of developments standard, including,
but not limited to the cost to the City of hiring a consultant to
review said financial data shall be borne by the developer.
The pro forma shall include all of the following items:
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(A) The actual cost reduction achieved through the
incentive;
(B) .Evidence that the cost reduction allows the
applicant to provide affordable rents or affordable sales
prices; and
(C) Other information requested by the Planning
Director. The Planning Director may require any pro forma
include information regarding capital costs, equity
investment, debt service, projected revenues, operating
expenses, and such other information as is required to
evaluate the pro forma.
(4) For any requested waiver of a development
standard, the applicant shall provide evidence that the
development standard for which the waiver is requested will
have the effect of physically precluding the construction of
the residential project with the density bonus and incentives
requested.
(5) If a density bonus or concession is requested for
a land donation, the application shall show the location of the
land to be dedicated, provide proof of site control, and
provide evidence that all of the requirements and each of the
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findings included in Government Code Section 65915(g) can
be made.
(6) If a density bonus or concession is requested
for a childcare facility, the application shall show the location
and square footage of the child care facilities and provide
evidence that all of the requirements and each of the
findings included in Government Code Section 65915(h) can
be made.
(b) In accordance with state law, neither the
granting of a concession, incentive, waiver, or modification
nor the granting of a density bonus shall be interpreted, in
and of itself, to require a general plan amendment, zoning
change, variance, or other discretionary approval.
(c) For housing developments requesting a
density bonus without any incentives, or a density bonus
with by right incentives and/or one or more incentives
included in subsection (f) of Section 9.04.10.14.060, the
following shall apply:
Pursuant to Government Code Section 65915, if the
applicant has made the evidentiary showing required by
subsection (a) of this Section, the Director or his/her
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designee shall approve requested incentives/concessions
unless he/she finds that:
(1) The incentive or concession is not necessary
to provide for affordable housing costs as defined in Section
50052.5 of the Health and Safety Code, or for rents for the
affordable units, or
(2) The concession or incentive will have a specific
adverse .impact upon public health and safety, on the
physical environment, or on any real property listed in the
California Register of Historic Resources and for which there
is no feasible method to satisfactory mitigate or avoid the
specific adverse impact without rendering the development
unaffordable to Moderate, Lower or Very Low Income
households, or
(3) The concession or incentive is contrary to state
or federal law.
Notice of the determination shall be provided to same
extent as required for the underlying development approval.
(d) For housing developments requesting a waiver
of a development standard or an incentive/concession not
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included in subsection (f) of Section 9.04.10.14.060, the
following shall apply:
(1) Hearing and Notice. An application pursuant to
this subdivision shall follow the procedures for Design
Compatibility Permits set forth in Section 9.04.20.15.030. A
public hearing shall be held by the City Planning
Commission and the Commission shall issue a
determination.
(2) Pursuant to Government Code Section 65915,
if the applicant has made the evidentiary showing required
by subsection (a) of this Section, the City Planning
Commission shall approve requested incentives/concessions
unless it makes one of the following findings; supported by
substantial evidence, that:
(A) The incentive or concession is not required to
provide for affordable housing. costs as defined in Section
50052.5 of the Health and Safety Code, or for rents. for the
affordable units, or
(B) The concession or incentive will have a specific
adverse impact upon public health and safety, or on the
physical environment or on any real property that is listed in
the California Register of Historic Resources and for which
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there is no feasible method to satisfactory mitigate or avoid
the specific adverse impact without rendering the
development unaffordable to Moderate, Lowey or Very Low
Income households.
(C) The concession or incentive would be contrary td
State or federal law.
(3) Pursuant to Government Code Section 65915, if
the applicant has made the evidentiary showing required. by
subsection (a) of this Section, the City Planning Commission
shall approve a requested waiver unless it makes one of the
following findings supported by substantial evidence that:
(A) The waiver would have a specific, adverse impact
upon public health or safety or the physical environment, and
there is no feasible method to satisfactorily mitigate or avoid
the specific adverse impact without rendering the residential
project unaffordable to low and moderate income
households. For purposes of this provision, "specific
adverse impact" means a significant, quantifiable, direct, and
unavoidable impact, based on objective, identified, written
public health or safety standards, policies, or conditions as
they existed on the date that the application for the
residential project was deemed complete; or
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(B) The waiver would have an adverse impact on real
property listed in the California Register of Historic
Resources; or
(C) The waiver is contrary to state or federal law.
(4) Appeal. The decision of the City Planning
Commission may be appealed to the City Council within
fourteen consecutive calendar days of the date the decision
is made in the manner provided in Santa Monica Municipal
Code, Part 9.04.20.24.
SECTION 6. Santa Monica Municipal Code Section 9.04.10.14.090 is hereby
added to read as follows:
9.04.10.14.090 Exemptions from development
review thresholds.
(a) The following projects located in the RVC,
BCD, C2, C4, C5, C6, CM, CP, M1, and LMSD districts shall
be exempt from development review thresholds:
(1) Projects that contain a minimum of eighty
percent of floor area devoted to multi-family residential use
provided that at least fifteen percent of the housing units are
deed-restricted for households with incomes of eighty
percent of median income or less or at least ten percent of
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the housing units are deed-restricted for households with
incomes of sixty percent of median income or less.
(2) Affordable housing projects in which one hundred
percent of the housing units are deed-restricted for
households with incomes of eighty percent of median
income or less.
(3) Projects in the C2 and CM districts which are
required by the City's zoning ordinance to devote more than
twenty percent of floor area to pedestrian oriented uses shall
also be exempt if these projects contain the maximum
percentage of multi-family residential use authorized by the
zoning ordinance and meet the affordable housing unit
requirement of subsection (a) of this Section.
(b) The following projects located in the R2, R3, R4,
R2B, R3R, OP2, OP3, OP4, and OP-D districts shall be
exempt from development review thresholds:
Affordable rental housing projects of not more than
fifty units. For purposes of this Section, an affordable rental
housing project shall be defined as housing in which one
hundred percent of the dwelling units are deed-restricted or
restricted by an agreement approved by the City for
occupancy by households with incomes of eighty percent of
27
median income or less. An affordable rental housing project
may also include nonresidential uses, as lohg as such uses
constitute neighborhood-serving goods, services, or retail
uses that do not exceed fifteen percent of the floor area of
the. total project and these neighborhood-serving goods,
services or retail uses are designated as permitted uses in
the Zoning Ordinance in the district in which the parcel is
located.
SECTION 7. Santa Monica Municipal Code Section 9.56.050 is hereby amended
to read as follows:
9.56.050 On-site option.
The following requirements must be met to satisfy
the on-site provisions of this Chapter:
(a) For ownership projects of at least four units
but not more than fifteen units in multi-family residential
districts:
The multi-family project applicant agrees to construct
at least: (1) twenty percent of the total units as ownership
units for moderate-income households, or as an alternative
(2) twenty percent of the total units as rental units for fow-
income households if these rental units are provided by the
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applicant in accordance with Civil Code Sections 1954.52(b)
and 1954.53(a)(2).
(b) For ownership projects of sixteen units or more in
multi-family residential districts:
The multi-family project applicant. agrees to construct
at least (1) twenty-five percent of the total units as ownership
units for moderate-income households, or as an alternative,
(2) twenty-five percent of the total units as rental units for
low-income households if these rental units are provided by
the applicaht in accordance with Civil Code Sections
1954.52(b) and 1954.53(a)(2).
(c) For all other multi-family applicants:
The multi-family project applicant agrees to construct
at least (1) ten percent of the total units of the project for
very-low income households or (2) twenty percent of the
total units of the project for low income households or (3)
one hundred percent of the total units of a project for
moderate income households in an Industrial/Commercial
District.
(d) Any fractional affordable housing unit that results
from the formulas of this Section that is 0.75 or more shall be
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treated as a whole affordable housing unit (i.e., any resulting
fraction shall be rounded up to the next larger integer) and
that unit shall also be built pursuant to the provisions of this
Section. Any fractional affordable housing unit that is less
than 0.75 can be satisfied by the payment of an affordable
housing fee for that fractional unit only pursuant to Section
9.56.070(a)(4) or by constructing all the mandatory on-site
affordable units with three or more bedrooms. The Planning
and Community Development Department shall make
available a list of very low-, low-, and moderate-income
levels adjusted for household size, the corresponding
maximum affordable rents adjusted by number of bedrooms,
and the minimum number of very low- or low-income units
required for typical sizes of multi-family projects, which list
shall be updated periodically.
(e) The multi-family project applicant may reduce
either the size or interior amenities of the affordable housing
units as long as there are not significant identifiable
differences between affordable housing units and market
rate units visible from the exterior of the dwelling units,
provided that all dwelling units conform to the requirements
of the applicable Building and Housing Codes. However,
each affordable housing unit provided shall have at least two
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bedrooms unless (1) the proposed project comprises at least
ninety-five percent one bedroom units, excluding the
manager's unit, in which case the affordable housing units
may be one bedroom, (2) the proposed project comprises at
least ninety-five percent zero bedroom units, excluding the
manager's unit, in which case the affordable housing units
may be zero bedroom units, (3) the proposed project
comprises zero and one bedroom units, excluding the
manager's unit, in which case the affordable housing units
must be at least one bedroom units, or (4) the multi-family
project applicant has elected not to pay the affordable
housing fee pursuant to Section 9.56.070(a)(4), in which
case the affordable housing units must be at least three
bedroom units. The design of the affordable housing units
shall be reasonably consistent with the market rate units in
the project. An affordable housing unit shall have a minimum
total floor area, depending upon the number of bedrooms
provided, no less than the following:
0 bedrooms 500 square feet
1 bedroom 600 square feet
2 bedrooms 850 square feet
3 bedrooms 1080 square feet
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4 bedrooms 1200 square feet
Affordable housing units in multi-family projects of
one hundred units or more must be evenly disbursed
throughout the multi-family project to prevent undue
concentrations of affordable housing units.
(f) All affordable housing units in amulti-family
project or a phase of a multi-family project shall be
constructed concurrently with the construction of market rate
units in the multi-family projector phase of that project.
(g) On-site affordable housing units must be rental
units in rental projects. In ownership projects, these
affordable housing units may be either rental units or
ownership units. Affordable housing ownership units shall
comply with requirements concerning sales price, monthly
payment, and limited equity and resale restrictions as
established by resolution. of the City Council to ensure that
subsequent purchasers are also income-qualified
households.
(h) Each multi-family project applicant, or nisJher
successor, shall submit an annual report to the City
identifying which units are affordable units, the monthly rent
(or total housing cost if an ownership unit), vacancy
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information for each affordable unit for the prior year,
verification of income of the household occupying each
affordable unit throughout the prior year, and such other
information as may be required by City staff.
(i) Amulti-family project applicant in a residential
district who meets the requirements of this Section shall be
entitled to the density bonuses and incentives provided by
Sections 9.04.10.14.050 and 9.04.10.14.060 and the
waiver/modification of development standards provided by
Section 9.04.10.14.070 Amulti-family project applicant in a
commercial or industrial district shall be entitled to the
development bonuses and incentives provided in the Land
Use and Circulation Element and implementing ordinances.
(j) All residential developments providing affordable
housing on-site pursuant to the provisions of this Section
shall receive priority building department plan check
processing by which housing developments shall have plan
check review in advance of other pending developments to
the extent authorized by law.
SECTION 8. Interim Ordinance 2345 (CCS), and any successor thereto, shall
remain in full force and effect.
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SECTION 9. 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 10. 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 11. 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 30 days from its adoption.
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APPROVED AS TO FORM:
Approved and adopted this 22nd day of February,. 2011.
Richard Bloom, Mayor
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that
the foregoing Ordinance No. 2350 (CCS) had its introduction on February 8,
2011, and was adopted at the Santa Monica City Council meeting held on
February 22, 2011, by the following vote:
Ayes: Council members: Holbrook, McKeown, O'Day, Shriver
Mayor Pro Tem Davis, Mayor Bloom
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: O'Connor
A summary of Ordinance No. 2350 (CCS) was duly published pursuant to
California Government Code Section 40806.
ATTEST:
Maria M. Stewart, City Clerk