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O2174 F:atty\muni\laws\barry\affordablehousingamendordfinaI2-1. doc City Council Meeting 11-8-05 Santa Monica, California ORDINANCE NUMBER 2174 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 9.56.010, 9.56.020, AND 9.56.070 AND ADDING SECTION 9.56.170 TO THE SANTA MONICA MUNICIPAL CODE TO MODIFY THE CALCULATION, ADJUSTMENT, AND PAYMENT TIMING OF THE AFFORDABLE HOUSING FEE, TO ADJUST THE AFFORDABLE HOUSING DEFINITIONS AND TO ESTABLISH A PROVISION TO ADJUST OR WAIVE THE REQUIREMENTS OF CHAPTER 9.56 WHEREAS, Santa Monica is a coastal city in a prime location, being bordered by the City of Los Angeles to the north, east and south; and WHEREAS, the combination of a scenic oceanside location, excellent climate, and the ready availability of urban facilities, services and entertainment make Santa Monica an extremely desirable place to live; and WHEREAS. land area of the City is very small - approximately eight square miles; and WHEREAS, Santa Monica is already a fully built-out city, with only thirty-three vacant residential parcels and a population of approximately ninety thousand.; and WHEREAS, Santa Monica's population density, eleven thousand two hundred persons per square mile, is the second highest among neighboring and nearby 1 jurisdictions, and is the densest among coastal communities in Los Angeles County; and WHEREAS, the vast majority of new market rate multi-family development in the City is not affordable with the average cost of a new market rate condominium in the City now approximately $740,000.00; and WHEREAS, market conditions, including the high cost and lack of residential land, construction costs, and the availability and cost of financing, make the development of affordable housing in the City extremely difficult; and WHEREAS, the vast majority of housing units have been and will continue to be produced by the private housing industry; and WHEREAS, the consumption patterns of the upper-income households who occupy these new, luxury market rate multi-family housing units create a need for affordable housing in the City; more specifically, households create demand for goods and services in the private sector, such as retail goods and medical services, and jobs in the public sector, such as teachers and municipal services, with the higher the household's income, the more demand created; and WHEREAS, new market rate multi-family housing in Santa Monica accommodates upper-income households almost exclusively because of the high rent or purchase price required to occupy it; and WHEREAS, supplying goods and services sufficient to meet the demand created by upper-income households in new market rate multi-family housing requires workers across the pay scale spectrum, including lower-wage employees; and 2 WHEREAS, the City has prepared a series of analyses of this relationship between new market rate apartment and condominium development in the City and the need for affordable housing created by this new development; and WHEREAS, the initial study was prepared in July 1998 by Hamilton, Rabinovitz & Alschuler, Inc. ("HR&A"); and WHEREAS, HR&A updated this analysis in March 2000; and WHEREAS, on July 1, 2005, HR&A completed a new update of this analysis; and WHEREAS, the July 1, 2005 study, as did the earlier studies, focuses on the relationship between the demand for goods and services created by households who occupy new market rate multi-family development in the City, the number of low-wage workers in public agencies and businesses needed to satisfy this demand, and the costs of producing the affordable housing needed by these workers; and WHEREAS, this study demonstrates the range per square foot which could be imposed on new market rate multi-family development to help finance the development of affordable housing needed to meet the demand created by market rate development; and WHEREAS, because the City is fully built-out, land available for residential development in the City is extremely limited; and land which could be used for development of housing for affordable households is being depleted by development of high cost housing; and WHEREAS, continued new residential development which does not include or contribute toward the cost of affordable housing development will only serve to further exacerbate the current affordable housing shortage; and 3 WHEREAS, the lack of affordable housing production by market-rate development has a direct impact upon the health, safety, and welfare of the residents; and WHEREAS, requiring developers to assist in the production of affordable housing is also consistent with the City's long-standing commitment to achieve and maintain a suitable living environment including decent housing for persons at all economic levels; and WHEREAS, this municipal commitment conforms with State and Federal policies and is a principal goal of the City's 2000-2005 Housing Element Update and the 2005- 2010 Consolidated Plan; and WHEREAS, California's Housing Element law requires each city and county to develop local housing programs designed to address its "fair share" of existing and future housing needs for all income groups; and WHEREAS, the City's 2000-2005 Housing Element Update establishes the City's fair share at 2,208 housing units of which 1281 should be affordable; and WHEREAS, the City has historically effectuated this commitment to affordable housing through extraordinary efforts manifest in various City laws, policies and programs; and WHEREAS, for instance, the City's voters have adopted initiative measures which strive to maintain and promote affordable housing in the City; the Rent Control Charter Amendment, adopted in 1979, has as its primary purpose the protection of affordable housing and has historically been the City's most important legislative tool for maintaining the supply of affordable housing; and, similarly, Proposition R, adopted by 4 the voters in 1990, mandates that thirty percent of all new multi-family housing units constructed in the City each year be affordable; and WHEREAS, the City's zoning laws and policies also include substantial incentives for the production of affordable housing, including height and density , bonuses and reduced parking requirements; and WHEREAS, the City operates a number of programs which facilitate the production of affordable housing, including loans to private, non-profit agencies to acquire or construct affordable housing units; and WHEREAS, the Housing Element Update catalogues a dozen funding sources that the City utilizes to assist in the development and rehabilitation of affordable housing totaling almost $70,000,000.00; and WHEREAS, despite this significant commitment by the City; the City's total housing needs exceeds its available resources and the City's ability to meet these needs; and WHEREAS, despite the City's prime location and high real estate values, the City has historically been highly successful in maintaining its economic diversity; and WHEREAS, based on census data in the 2000-2005 Housing Element Update, twenty-three percent of the City's households were very low income, 16.1 percent were low income, 20.7 percent were moderate income, and 40.1 percent were upper income; and WHEREAS, fifty-three percent of households residing in rent-controlled apartments in the City were very low- and low-income; and 5 WHEREAS, this diversity is an essential element of the City's character; it sets the City apart from all other similarly situated coastal cities in California; and WHEREAS, notwithstanding the City's ongoing commitment and efforts, changes in State and Federal law and market conditions are making it increasingly difficult for the City to ensure a continued supply of affordable housing; and WHEREAS, in 1986, the State enacted the Ellis Act which enables a property owner to cease operating property as residential rental property and, more recently, in 1995, the State enacted the Costa-Hawkins Rental Housing Act which eliminated the limits on the rents which a property owner may charge when re-renting voluntarily vacated units; and WHEREAS, between 1986 and 2004, over fifteen hundred controlled rental units have been permanently withdrawn from the rental market pursuant to the Ellis Act; and WHEREAS, Costa-Hawkins has had a devastating impact on the City's affordable housing stock; and WHEREAS, between 1999 and 2004, 12,132 controlled rental units have been rented at market rates; and WHEREAS, this represents 44% of the total number of controlled rental units; and WHEREAS, 8,295 of these units had formerly been affordable to low-income households including 4,997 units which had formerly been affordable to very low- income households; and WHEREAS, the median rents upon re-rental have increased from $715.00 to $1,255.00 (76%) for one bedroom units; $921.00 to $1,675.00 (82 percent) for two 6 bedroom units and $1,173.00 to $2,150.00 (83 percent) for three or more bedroom units; and WHEREAS, after these increases, the median Maximum Allowable Rents ("MARs") of the O-bedroom units are only affordable at 100% of median and above; and WHEREAS, the median MARs of 1-bedroom units are only affordable to households at 120% of median and above while the median rents for 2 and 3-bedroom units are not even affordable to that income level; and WHEREAS, this law is having and will continue to have a significant impact on the City's supply of affordable housing; and WHEREAS, there is an extremely low vacancy rate for the existing rental housing stock; and WHEREAS, according to the annual report to the City Council concerning the City Affordable Housing Production Program and Proposition R, only 17% of the units in . multifamily developments completed during FY03/04 were affordable; and WHEREAS, based on the building permits that have been issued for new multifamily developments, only 6% of these units will be affordable; and WHEREAS, Section 9.56.150 of the Affordable Housing Production Ordinance provides that when the provisions of Proposition R have not been met, the City Council shall take action to ensure that its provisions are met in the future; and WHEREAS, reductions in State and federal funding for affordable housing, changes in these programs, and the potential expiration of controls on rents in federally- assisted projects all hinder the City's ability to provide or promote affordable housing threatening the City's existing affordable housing stock; and 7 WHEREAS, the decline in the affordability of this housing stock is further exacerbated by the production of luxury market rate housing; and WHEREAS, given current economic conditions and the general desirability of the City; the new housing costs will only continue to increase, thereby further exacerbating the growing shortage of affordable housing in the City; and WHEREAS, this Affordable Housing Production Program will benefit the City as a whole since each development which contributes to affordable housing through the provisions of this Chapter augments the City's housing mix, helps to increase the supply of housing for all economic segments of the community, addresses the affordable housing need generated by the development, and thereby supports a balanced community which is beneficial to the public health, safety and welfare of the City, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code Section 9.56.010 is hereby amended to read as follows: Section 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 this Ordinance, the requirements of this Chapter are based on a number of 8 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 quality impacts. and the demands placed on the regional transportation infrastructure. SECTION 2.Santa Monica Municipal Code Section 9.56.020 is hereby amended to read as follows: 9.56.020 Definitions. The following words or phrases as used in this Chapter shall have the following meanings: Affordable Housing Fee. 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 very low-, low-, and moderate-income households. 9 Affordable Housing Unit. A housing unit developed by a multi-family project applicant pursuant to Sections 9.56.050 or 9.56.060 of this Chapter which will be affordable to very low-, low-, or moderate-income households. Dwelling Unit. One or more rooms, designed, occupied or intended for occupancy as separate living quarters, with full cooking, sleeping and bathroom facilities for the exclusive use of a single household. Dwelling unit shall also include single-room occupancy units as defined in Santa Monica Municipal Code Section 9.04.02.030.790. Floor Area. Floor area as defined in Santa Monica Municipal Code Section 9.04.02.030.315. HUD. The United States Department of Housing and Urban Development or its successor. Income Eligibility. The gross annual household income considering household size and number of dependents, 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. 10 "Low," "Very Low," and "Moderate" Income Levels. Income levels determined periodically by the City based on the United States Department of Housing and Urban Development (HUD) estimate of income for a 4- person household in the Los Angeles-Long Beach Primary Metropolitan Statistical Area. The major income categories are: "low-income" (sixty percent or less of the area median), "very low-income" (fifty percent or less of the area median), and "moderate-income" (one hundred percent or less of the area median). Adjustment shall be made by household size as established by the City. Market Rate Unit. A dwelling unit as to which the rental rate or sales price is not restricted by this Chapter. Maximum Affordable Rent. A monthly housing charge which does not exceed one-twelfth of thirty percent of the maximum very low-, low-, and moderate-income levels as defined in this Chapter and adopted each year by the City. This charge shall represent full consideration for housing services and amenities as provided to market rate dwelling units in the project, whether or not occupants of market rate dwelling units pay separate charges for such services and amenities. Housing services and common area amenities include, but are not limited to, the following: 11 parking, use of common facilities including pools or health spas, and utilities if the project is master-metered. Notwithstanding the foregoing, utility charges, to the extent individually metered for each unit in the project, may be passed through or billed directly to the occupants of affordable housing units in the project in addition to maximum allowable rents collected for those affordable housing units. 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. Multi-family Residential District. Any district designated in the Santa Monica Zoning Ordinance as a multi-family residential district. 12 Parcel. Parcel as defined in Santa Monica Municipal Code Section 9.04.02.030.570. 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. SECTION 3. Santa Monica Municipal Code Section 9.56.070 is hereby amended to read as follows: Section 9.56.070. Affordable housing fee. A multi-family project applicant may meet the affordable housing obligations established by this Chapter by paying an affordable housing fee in accordance with the following requirements: (a) An affordable housing fee may be paid in accordance with the following formulas: (1) Multi-family Projects in Multi-family Residential Districts: 13 affordable housing unit base fee x floor area of multi- family project; (2) Multi-family Projects in Multi-family Residential Districts on Vacant Parcels: affordable housing unit base fee x floor area of multi- family project x 75%; (3) Multi-family Projects in Industrial/Commercial Districts on Parcels that are either not already developed with multi-family housing or are already developed with multi-family housing, but the multi-family project preserves the existing multi-family housing or a Category C Removal Permit has been obtained for the existing multi-family housing: affordable housing unit base fee x floor area of project devoted to residential uses x 50%. (b) For purposes of this Section, the affordable housing unit base fee shall be established by resolution of the City Council. Commencing on July 1, 2006 and on July 1 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, 2010, and 14 approximately every five (5) 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) 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. (d) The 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. (e) The City shall deposit any payment made pursuant to this Section in a Reserve Account separate from the General Fund to be used only for development of very low- and low-income housing, administrative costs related to the production of this housing, and monitoring and evaluation of this Affordable Housing Production Program. 15 Any monies collected and interest accrued pursuant to this Chapter shall be committed within five (5) 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. (f) 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. 16 SECTION 4. Section 9.56.170 is hereby added to the Santa Monica Municipal Code to read as follows: Section 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. (b) To receive an adjustment or waiver, the applicant must submit an application to the Director of Resource Management, or his/her 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 Director of Resource Management, or City Council on appeal, may assume each of the following when applicable: 17 (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 Zoning Ordinance. (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 Director of Resource Management shall render a written decision within ninety (90) days after a complete application is filed. The Director'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 9.04.20.24.040 of this Code. (e) If the Director of Resource Management, 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, the affordable housing requirements shall be adjusted or waived to reduce the 18 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 Director, or City Council on appeal, determines that no violation of the United Stated or California Constitutions would occur through application of this Chapter, the requirements of this Chapter remain fully applicable. SECTION 5. This Ordinance shall apply to development applications determined complete after the effective date of this Ordinance. SECTION 6. 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 7. 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. 19 SECTION 8. 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: 20 Approved and adopted this 8th day of November, 2005. ~ Pam O'Connor, 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. 2174 (CCS) had its introduction on October 11, 2005, and was adopted at the Santa Monica City Council meeting held on November 8, 2005, by the following vote: Ayes: Council members: Mayor O'Connor, Mayor Pro Tern Katz, Bloom, Genser, Holbrook, McKeown, Shriver Noes: Council members: None Abstain: Council members: None Absent: Council members: None ATTEST: ~. Maria M. Stewart, 21