O2429F: \M u n i Law\Share\Laws\MJ M\Afford Hsg Prod Prog ramAH PPOrd0625132d
City Council Meeting: 6 -25 -13 Santa Monica, California
ORDINANCE NUMBER &Y7-41
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE
CHAPTER 9.56, THE CITY'S AFFORDABLE HOUSING
PRODUCTION PROGRAM INCLUDING REVISING AFFORDABLE
HOUSING CATEGORIES, INCOME - ELIGIBILITY LIMITS, RENT LIMITS, AND
EXPANDING AHPP INCOME CATEGORIES
WHEREAS, the City Council desires to amend Chapter 9.56 of the Santa Monica
Municipal Code relating to the City's Affordable Housing Production Program ( "AHPP ");
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WHEREAS, the proposed amendments to the AHPP are intended to achieve
greater affordability and maintain Santa Monica's economic diversity; and
WHEREAS, the proposed amendments to the AHPP include revising affordable
housing categories, income - eligibility limits, and rent limits to be consistent with federal
and state affordable housing programs; and
WHEREAS, the proposed ordinance would also expand AHPP income
categories to include households at the lowest end of the income scale, and make
technical updates to reflect current practices; and
WHEREAS, the proposed changes to the AHPP would result in increased
targeting of lower income households, and lower rents; and
WHEREAS, the proposed amendments to the AHPP are consistent with
Proposition R; and
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WHEREAS, if adopted, the proposed amendments to the AHPP would only apply
to future multi - family housing developments.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
Santa Monica Municipal. Code Chapter 9.56 is hereby amended to read as
follows:
Chapter 9.56
AFFORDABLE HOUSING PRODUCTION PROGRAM
9.56.010 Findings and purpose.
The City's affordable housing production program requires
developers of market rate multi - family developments to contribute to
affordable housing production and thereby help the City meet its
affordable housing need. As detailed in the findings supporting the
ordinance codified in this Chapter, the requirements of this Chapter are
based on a number of factors including, but not limited to, the City's long-
standing commitment to economic diversity; the serious need for
affordable housing as reflected in local, state, and federal housing
regulations and policies; the demand for affordable housing created by
market rate development; the depletion of potential affordable housing
sites by market -rate development; and the impact that the lack of
affordable housing production has on the health, safety, and welfare of the
City's residents including its impacts on traffic, transit and related air
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quality impacts, and the demands placed on the regional transportation
infrastructure.
9.56.020 Definitions.
The following words or phrases as used in this Chapter shall have
the following meanings:
30% Income Household means a household whose gross income
does not exceed the 30% income limits applicable to the Los Angeles-
Long Beach Primary Metropolitan Statistical Area, adjusted for household
size, as published and periodically updated by HUD.
50% Income Household means a household whose gross income
does not exceed 50% of the area median income, adjusted for household
size, as published and periodically updated by HUD. 50% income
households include 30% income households.
80% Income Household means a household whose gross income
does not exceed 80% of the area median income, adjusted for household
size, as published and periodically updated by HUD. 80% income
households include 50% income households.
Adjusted for Household Size means 70% adjustment for a
household of one person, 80% adjustment for a household of two persons,
90% adjustment for a household of three persons, 100% adjustment for a
household of four persons, 108% adjustment for a household of five
persons, 116% adjustment for a household of six persons, 124%
adjustment for a household of seven persons, 132% adjustment a
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household size of eight persons. For households of more than eight
persons, adjustments shall be made in accordance with applicable HUD
regulations.
Adjusted for Household Size Appropriate for the Unit means for
a household of one person in the case of a studio unit, two persons in the
case of a one - bedroom unit, three persons in the case of a two - bedroom
unit, four persons in the case of a three - bedroom unit, and five persons in
the case of a four - bedroom unit.
Affordable Housing Fee means a fee paid to the City by a multi-
family project applicant pursuant to Section 9.56.070 of this Chapter to
assist the City in the production of housing affordable to 30% income
households, 50% income households, 80% income households, and
moderate- income households.
Affordable Housing Unit means a housing unit developed by a
multi - family project applicant pursuant to Section 9.56.050 or 9.56.060 of
this Chapter which will be affordable to 30% income households, 50%
income households, 80% income households, or moderate- income
households.
Affordable Housing Unit Development Cost means the City's
average cost to develop a unit of housing affordable to 30% income
households, 50% income households, 80% income households or
moderate income households.
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Affordable Ownership Housing Cost. Affordable ownership
housing cost means: For moderate income households whose gross
incomes exceed the maximum income limits for 80% income households,
affordable housing cost shall not be less than 28 percent of the gross
income of the household, nor exceed the product of 35 percent times 110
percent of the area median income adjusted for household size
appropriate for the unit.
Affordable Rent. Affordable rent means:
(a) For 30% income households, the product of 30 percent times 30
percent of the area median income adjusted for household size
appropriate for the unit.
(b) For 50% income households, the product of 30 percent times 50
percent of the area median income adjusted for household size
appropriate for the unit.
(c) For 80% income households whose gross incomes exceed the
maximum incomes for 50% income households, the product of 30 percent
times 60 percent of the area median income adjusted for household size
appropriate for the unit.
(d) For moderate income households, the product of 30 percent
times 110 percent of the area median income adjusted for household size
appropriate for the unit.
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Area Median Income or AMI. Area median income or AMI means
the median family income published from time to time by HUD for the Los
Angeles -Long Beach Metropolitan Statistical Area.
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. Dwelling unit shall also include single -room occupancy units
as defined in Santa Monica Municipal Code Section 9.04.02.030.790 or
any successor thereto.
Floor Area. Floor area as defined in Santa Monica Municipal Code
Section 9.04.02.030.315 or any successor thereto.
Gross Income. Gross income has the same meaning as provided
in title 25, section 6914 of the California Code of Regulations, as amended
from time to time, in accordance with law.
HCD. The California Department of Housing and Community
Development or its successor.
Housing Cost. Housing cost has the same meaning as provided
in title 25, section 6920 of the California Code of Regulations, as amended
from time to time in accordance with law.
HUD. The United States Department of Housing and Urban
Development or its successor.
Income Eligibility. Income eligibility is based upon the gross
income of the household, including the income of all wage earners, elderly
or disabled family members, and all other sources of household income.
Industrial /Commercial District. Any district designated in the
Santa Monica Zoning Ordinance as a commercial or industrial district.
Market Rate Unit. A dwelling unit as to which the rental rate or
sales price is not restricted by this Chapter.
Moderate Income Household means a household whose gross
income exceeds the maximum income for a 80% income household and
whose gross income does not exceed the lesser of: (i) 120% of the area
median income, adjusted for household size, as published and periodically
updated by HCD or (ii) twice the income limit for 50% income households,
adjusted for household size, as published and periodically updated by
HUD.
Multi- family Project. A multi- family residential development,
including but not limited to apartments, condominiums, townhouses or the
multi - family residential component of a mixed use project, for which City
permits and approvals are sought.
Multi- family Project Applicant. Any person, firm, partnership,
association, joint venture, corporation, or any entity or combination of
entities which seeks City development permits or approvals to develop a
multi - family project.
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Multi- family Residential District. Any district designated in the
Santa Monica Zoning Ordinance as a multi - family residential district.
Parcel. Parcel as defined in Santa Monica Municipal Code Section
9.04.02.030.570 or any successor thereto.
Rent. Rent has the same meaning as provided in title 25, section
6918 of the California Code of Regulations, as amended from time to time
in accordance with law.
Vacant Parcel. A parcel in a multi - family residential district that has
no residential structure located on it as of August 20, 1998 or which had a
residential structure located on it on that date which was subsequently
demolished pursuant to a demolition order of the City. No demolition of
structures shall be permitted except in accordance with Santa Monica
Municipal Code Section 9.04.10.16 et seq or any successor thereto.
9.56.030 Applicability of chapter.
(a) The obligations established by this Chapter shall apply to
each multi - family project involving the construction of two or more multi-
family units, which project has not received its ministerial or discretionary
planning approvals including, without limitation: variances, conditional
use permits, administrative approvals, development review permits, and
development agreement ordinances which have not yet become effective
(collectively, "Approvals ") on the effective date of this ordinance. No
building permit shall be issued for any multi - family project unless such
construction has been approved in accordance with the standards and
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procedures provided for by this Chapter. Notwithstanding the above, a
multi - family rental housing project that will be developed by a nonprofit
housing provider receiving financial assistance through one of the City's
housing trust fund programs shall not be subject to the requirements of
this Chapter so long as the project is an affordable housing project
meeting the requirements of Santa Monica Municipal Code Section
9.04.02.030.025 or any successor thereto and the project's affordability
obligations will be secured by a regulatory agreement, memorandum of
agreement, or recorded covenant with the City for a minimum period of
fifty -five years.
(b) Multi- family projects which have received Approvals prior to
the effective date of this ordinance [date] shall be subject to the
provisions of Santa Monica Municipal Code Section 9.56.010 et seq., as
they existed on the date of their approvals, except that pricing
requirements for affordable housing units shall be published by the City
on an annual basis instead of adoption by resolution of the City Council.
(c) A designated landmark building or contributing structure to
an adopted Historic District that is retained and preserved on -site as part
of a multi - family project shall not be considered or included in assessing
any of the requirements under this Chapter.
9.56.040 Affordable housing obligation.
All multi- family project applicants shall comply with the
requirements of this Chapter in the following manner:
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(a) Multi- family project applicants for multi - family ownership
projects of four or more units in multi - family residential districts shall
choose one of the two following options:
(1) Providing affordable housing units on -site in accordance with
Section 9.56.050;
(2) Providing affordable housing units off -site in accordance with
Section 9.56.060.
(b) In addition to the options established in subsections (a)(1)
and (2), all other multi - family project applicants may also choose one of
the following options:
(1) Paying an affordable housing fee in accordance with Section
9.56.070;
(2) Acquiring land for affordable housing in accordance with
Section 9.56.080.
A multi - family project application will not be determined complete
until the applicant has submitted a written proposal which demonstrates
the manner in which the requirements of this Chapter will be met.
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
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as ownership units for moderate - income households, or as an alternative;
(2) twenty percent of the total units as rental units for 80% income
households if these rental units are provided by the applicant in
accordance with Civil Code Sections 1954.52(b) and 1954.53(a)(2); (3)
ten percent of the total units as rental units for 50% income households if
these rental units are provided by the applicant in accordance with Civil
Code Sections 1954.52(b) and 1954.53(a)(2); or (4) five percent of the
total units as rental units for 30% income households if these rental units
are provided by the 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 80% income households if
these rental units are provided by the applicant in accordance with Civil
Code Sections 1954.52(b) and 1954.53(a)(2); fifteen percent of the total
units as rental units for 50% income households if these rental units are
provided by the applicant in accordance with Civil Code Sections
1954.52(b) and 1954.53(a)(2); or (4) ten percent of the total units as rental
units for 30% income households if these rental units are provided by the
applicant in accordance with Civil Code Sections 1954.52(b) and
1954.53(a)(2).
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(c) For all other multi - family applicants, the multi - family project
applicant agrees to construct at least: (1) five percent of the total units of
the project for 30% income households; (2) ten percent of the total units of
the project for 50% income households; (3) twenty percent of the total
units of the project for 80% income households; or (4) 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 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 City shall make available a list of income levels for 30%
income households, 50% income households, 80% income households,
and moderate income households, adjusted for household size, the
corresponding maximum affordable rents adjusted by household size
appropriate for the unit, and the minimum number of units required for
30 % income households, 50% income households, or 80% income
households required for typical sizes of multi - family projects, which list
shall be updated periodically.
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(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 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:
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1 bedroom
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500 square feet
600 square feet
2 bedrooms 850 square feet
3 bedrooms 1,080 square feet
4 bedrooms 1,200 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 a multi - 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 project or 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.
(h) Each multi - family project applicant, or his or her 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 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) A multi - 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 9.04.10.14.040 or any
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successor thereto and 9.04.10.14.050 or any successor thereto and the
waiver /modification of development standards provided by Section
9.04.10.14.060 or any successor thereto. A multi - 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.
0) 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.
(k) The City Council may by resolution establish compliance
monitoring fees which reflect the reasonable regulatory cost to the City of
ensuring compliance with this Section when affordable housing units are
being initially rented or sold, when the required annual reports are
submitted to the City, and when the units are being re -sold or re- leased.
9.56.060 Off -site option.
The following requirements must be met to satisfy the off -site option
of this Chapter:
(a) The multi - family project applicant for ownership projects of
four or more units in multi - family residential districts shall agree to
construct twenty -five percent more affordable housing units than number
of affordable housing units required by Section 9.56.050(a) and (b).
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(b) For all other multi - family project applicants, the applicant
shall agree to construct the same number of affordable housing units as
specified in Section 9.56.050(c).
(c) The multi - family project applicant shall identify an alternate
site suitable for residential housing which the project applicant 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 housing objectives and projects.
(d) The off -site units shall be located within a one - quarter mile
radius of the market rate units.
(e) The off -site units shall satisfy the requirements of
subsections (d) through (j) of Section 9.56.050.
(f) 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 this
Chapter.
(g) Exceptions to the location of the off -site units specified in this
Section may be granted by the Planning Commission on a case -by -case
basis upon a showing by the multi - family project applicant, based upon
substantial evidence, that the location of off -site units in a location different
from that specified in this Section better accomplishes the goals of this
Chapter, including maximizing affordable housing production and
dispersing affordable housing throughout the City.
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(h)The City Council may by resolution establish compliance
monitoring fees which reflect the reasonable regulatory cost to the City of
ensuring compliance with this Section when affordable housing units are
initially being rented or sold, when the required annual reports are
submitted to the City, and when the units are being re -sold or re- leased.
9.56.070 Affordable housing fee.
A multi - family project applicant eligible to meet the affordable
housing obligations established by this Chapter by paying an affordable
housing fee shall pay the fee in accordance with the following
requirements:
(a) An affordable housing fee may be paid in accordance with
the following formulas:
(1) Affordable housing unit base fee x floor area of multi - family
project;
(2) Multi- family projects with fractional affordable housing units
of less than 0.75 based on the formula established in Section 9.56.050:
City's affordable housing x fractional percentage
unit development cost
(b) For purposes of this Section, the affordable housing unit
base fee shall be established by resolution of the City Council.
Commencing on July 1, 2006 and on July 1st of each fiscal year
thereafter, the affordable housing unit base fee shall be adjusted based on
changes in construction costs and land costs. No later than July 1, 2015,
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and approximately every five -year period thereafter, the City will conduct a
comprehensive study of these fees and the results of the comprehensive
study shall be reported to the City Council. The amount of the affordable
housing fee that the multi - family project applicant must pay shall be based
on the affordable housing unit base fee resolution in effect at the time that
the affordable housing fee is paid to the City.
(c) For purposes of this Section, the City's affordable housing
unit development cost shall be established by resolution of the City
Council. Commencing on July 1, 2007 and on July 1st of each fiscal year
thereafter, the City's affordable housing unit development cost shall be
adjusted based on changes in construction costs and land costs. No later
than July 1, 2015, and approximately every five -year period thereafter, the
City will conduct a comprehensive study of these fees and the results of
the comprehensive study shall be reported to the City Council. The
affordable housing fee that the multi - family project applicant must pay
shall be based on the affordable housing unit development cost resolution
in effect at the time of payment to the City.
(d) The amount of the affordable housing unit base fee may vary
by product type (apartment or condominium) and shall reflect, among
other factors, the relationship between new market rate multi - family
development and the need for affordable housing.
(e) The affordable housing fee shall be paid in full to the City
prior to the City granting any approval for the occupancy of the project, but
no earlier than the time of building permit issuance.
(f) 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 affordable housing, administrative costs related to
the production of this housing, and monitoring and evaluation of this
affordable housing production program. Any monies collected and interest
accrued pursuant to this Chapter shall be committed within five years after
the payment of such fees or the approval of the multi - family project,
whichever occurs later. Funds that have not been appropriated within this
five -year period shall be refunded on a pro rata share to those multi - family
project applicants who have paid fees during the period. Expenditures and
commitments of funds shall be reported to the City Council annually as
part of the City budget process.
(g) An affordable housing fee payment pursuant to this Section
shall not be considered provision of affordable housing units for purposes
of determining whether the multi- family project qualifies for a density
bonus pursuant to Government Code Section 65915.
9.56.080 Land acquisition.
A multi - family project applicant may meet the affordable housing
obligations established by this Chapter by making an irrevocable offer: (a)
dedicating land to the City or a non - profit housing provider; (b) selling of
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land to the City or a non - profit housing provider at below market value; or
(c) optioning of land on behalf of the City or a non - profit housing provider.
Each of these options must be for a value at least equivalent to the
affordable housing obligation otherwise required pursuant to this Section.
The multi - family project applicant must identify the land at the time that the
development application is filed with the City. Any land offered pursuant to
this Section must be located within one- quarter mile radius of the market
rate units unless the multi - family project applicant demonstrates that
locating the land outside of this radius better accomplishes the goals of
this Chapter, including maximizing affordable housing production and
dispersing affordable housing throughout the City. The City may approve,
conditionally approve or reject such offers subject to administrative
guidelines to be prepared by the City Manager or designee. If the City
rejects such offer, the multi - family project applicant shall be required to
meet the affordable housing obligation by other means set forth in this
Chapter.
9.66.090 Fee waivers.
The Condominium and Cooperative Tax described in Section
6.76.010 of the Santa Monica Municipal Code or any successor thereto
and the Park and Recreation Facilities Tax established in Chapter 6.80 of
Article 6 of the Santa Monica Municipal Code or any successor thereto
shall be waived for required affordable housing units and for 30 %, 50 %,
80% and moderate - income dwelling units developed by the City or its
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designee using affordable housing fees. However, any multi - family project
applicant who elects to pay an affordable housing fee shall not be eligible
for any fee waiver under this Section.
9.56.100 Pricing requirements for affordable housing units.
The City shall publish, on an annual basis, the 30 %, 50 %, 80 %,
and moderate income household levels, and affordable rents for
affordable housing units, adjusted for household size appropriate for the
unit.
9.56.110 Eligibility requirements.
(a) Only 30 %, 50 %, 80% and moderate- income households
shall be eligible to occupy or own and occupy affordable housing units.
The City shall develop a list of income - qualified households. Multi- family
project applicants shall be required to select households from the City -
developed list of income - qualified households, except applicants of
ownership projects of four or more units in the City's multi - family
residential zones may themselves select income - qualified households
which shall be subject to eligibility certification by the City.
(b) The following individuals, by virtue of their position or
relationship, are ineligible to occupy an affordable housing unit:
(1) All employees and officials of the City of Santa Monica or its
agencies, authorities, or commissions who have, by the authority of their
position, policy- making authority or influence over the implementation of
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this Chapter and the immediate relatives and employees of such City
employees and officials;
(2) The immediate relatives of the applicant or owner, including
spouse, children, parents, grandparents, brother, sister, father -in -law,
mother -in -law, son -in -law, daughter -in -law, aunt, uncle, niece, nephew,
sister -in -law, and brother -in -law.
9.56.120 Relation to units required by Rent Control Board.
30 %, 50 %, 80% and moderate- income dwelling units developed as
part of a market rate project, pursuant to replacement requirements of the
Santa Monica Rent Control Board, shall count towards the satisfaction of
this Chapter if they otherwise meet applicable requirements for this
Chapter including, but not limited to, the income eligibility requirements,
deed restriction requirements, and pricing requirements. New inclusionary
units required by the Rent Control Board which meet the standards of this
Chapter shall count towards the satisfaction of this Chapter.
9.56.130 Deed restrictions.
Prior to issuance of a building permit for a project meeting the
requirements of this Chapter by providing affordable units on -site or off -
site, the multi - family project applicant shall submit deed restrictions or
other legal instruments setting forth the obligation of the applicant under
this Chapter for City review and approval. Such restrictions shall be
effective for at least fifty -five years. In addition to the administrative
guidelines specifically required by other provisions of this Chapter, the City
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Manager or designee shall be the designated authority to enter into
recorded agreements with multi - family project applicants.
9.56.140 Enforcement.
No building permit or occupancy permit shall be issued, nor any
development approval granted, for a project which is not exempt and does
not meet the requirement of this Chapter. All affordable housing units shall
be rented or owned in accordance with this Chapter.
9.56.150 Annual report.
The City Manager or designee, shall submit a report to the City
Council on an annual basis which shall contain information concerning the
implementation of this Chapter. This report shall also detail the projects
that have received planning approval during the previous year and the
manner in which the provisions of this 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 provisions of Proposition R
have not been met, the City Council 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 limited to, amending the provisions of this Chapter or
its implementation.
9.56.160 Principles and guidelines.
The City Manager or designee, shall develop guidelines to
implement this chapter, which guidelines shall be subject to approval of
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the City Council. The guidelines shall include, but not be limited to, the
methodology for the establishment and periodic adjustment of the base
fee and the affordable housing unit development cost; for -sale affordable
unit requirements, tenant and purchaser eligibility procedures; and
additional requirements for exercise of the off -site option and land
acquisition option.
9.56.170 Adjustments or waivers.
(a) A multi - family project applicant may request that the
requirements of this Chapter be adjusted or waived based on a showing
that applying the requirements of this Chapter would effectuate an
unconstitutional taking of property or otherwise have an unconstitutional
application to the property.
(b) To receive an adjustment or waiver, the applicant must
submit an application to the City Manager or designee, at the time the
applicant files a multi - family project application. The applicant shall bear
the burden of presenting substantial evidence to support the request and
set forth in detail the factual and legal basis for the claim, including all
supporting technical documentation.
(c) In making a determination on an application to adjust or
waive the requirements of this Chapter, the City Manager or designee, or
City Council on appeal, may assume each of the following when
applicable:
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(1) The applicant is subject to the affordable housing
requirement of this Chapter;
(2) The applicant will benefit from the inclusionary incentives set
forth in this Chapter and the City's Municipal Code;
(3) The applicant will be obligated to provide the most
economical affordable housing units feasible in terms of construction,
design, location and tenure.
(d) The City Manager or designee shall render a written decision
within ninety days after a complete application is filed. The City Manager's
or designee's decision may be appealed to the City Council if such appeal
is filed within fourteen consecutive calendar days from the date that the
decision is made in the manner provided in Part 9.04.20.24, Sections
9.04.20.24.010 through 9.04.20.24.050 of this Code or any successor
thereto.
(e) If the City Manager or designee, or City Council on appeal,
upon legal advice provided by or at the behest of the City Attorney,
determines that applying the requirements of this Chapter would
effectuate an unconstitutional taking of property or otherwise have an
unconstitutional application to the property, the affordable housing
requirements shall be adjusted or waived to reduce the obligations under
this Chapter to the extent necessary to avoid an unconstitutional result. If
an adjustment or waiver is granted, any change in the use within the
project shall invalidate the adjustment or waiver. If the City Manager or
4i
designee, or City Council on appeal, determines that no violation of the
United States or California Constitutions would occur through application
of this Chapter, the requirements of this Chapter remain fully applicable.
SECTION 2. 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 3. 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 4. 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.
APPROVED AS TO FORM:
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Approved and adopted this 25th day of June, 2013.
am O'Connor, Mayor
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Sarah P. Gorman, City Clerk of the City of Santa Monica, do hereby certify that
the foregoing Ordinance No. 2429 (CCS) had its introduction on May 14, 2013,
and was adopted at the Santa Monica City Council meeting held on June 25,
2013, by the following vote:
Ayes: Councilmembers: Davis, Holbrook, McKeown, Vazquez, Winterer
Mayor Pro Tern O'Day, Mayor O'Connor
Noes: Councilmembers: None
Absent: Councilmembers: None
A summary of Ordinance No. 2429 (CCS) was duly published pursuant to
California Government Code Section 40806.
ATTEST:
Sarah P. Gorman, City Clerk