O2468City Council Meeting: October 14, 2014 Santa Monica, California
ORDINANCE NUMBER 2468 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 9.56.050
TO ESTABLISH MINIMUM OCCUPANCY STANDARDS FOR AFFORDABLE
HOUSING UNITS
WHEREAS, the City's Affordable Housing Production Program ( "AHPP ")
establishes a range of affordable housing unit bedroom sizes, with a minimum total floor
area for each bedroom size, that may be developed under specified circumstances; and
WHEREAS, the AHPP does not establish minimum occupancy requirements
(i.e., minimum household sizes) for these affordable housing units; and
WHEREAS, on December 11, 2012, the City Council directed staff to assess the
establishment of minimum occupancy requirements; and
WHEREAS, minimum occupancy standards for each unit size would help ensure
that larger units actually house larger families; and
WHEREAS, Policy 1.6 of the City's Housing Element provides, in part, that the
City should maintain development standards that promote the development of family
housing; and
WHEREAS, the program for Objective 2.a of the City's Housing Element
provides, in part, that the City should revise the AHPP as appropriate to address the
housing needs of the community; and
WHEREAS, the proposed minimum occupancy standards mirror Housing and
Urban Development's standards for publically funded affordable housing.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. 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 80% income households if these rental units are
provided by the applicant in accordance with Civil Code
PA
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); (3) 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
K
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) 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,
13
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.
(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
0
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 and minimum number of occupants,
depending upon the number of bedrooms provided, no less
than the following:
0 bedrooms 500 square feet 1 occupant
1 bedroom 600 square feet 1 occupant
2 bedrooms 850 square feet 2 occupants
3 bedrooms 1,080 square feet 3 occupants
4 bedrooms 1,200 square feet 5 occupants
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 successor thereto and
9.04.10.14.050 or any successor thereto and the
waiver /modification of development standards provided by
6
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.
Q) 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.
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.
0
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:
Approved and adopted this 14th day of October, 2014.
Pam 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. 2468 (CCS) had its introduction on February 25,
2014, and was adopted at the Santa Monica City Council meeting held on
October 14, 2014, by the following vote:
Ayes: Councilmembers: Davis, Holbrook, McKeown, Vazquez, Winterer
Mayor O'Connor, Mayor Pro Tern O'Day
Noes: Councilmembers: None
Absent: Councilmembers: None
A summary of Ordinance No. 2468 (CCS) was duly published pursuant to
California Government Code Section 40806 .
ATTEST:
Sarah P. Gorman, City Clerk