City Council Meeting 4-11-06
ORDINANCE NUMBER (CCS)
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA EXTENDING, WITH MODIFICATIONS AND CLARIFICATIONS, THE INTERIM
ORDINANCE MODIFYING THE CITY’S DENSITY BONUS AND AFFORDABLE HOUSING INCENTIVES
IN ACCORDANCE WITH STATE DENSITY BONUS LAW
THE CITY COUNCIL OF THE CITY OF
(a) In September 2004, the Governor signed SB 1818 which significantly changed the State’s density bonus law. SB 1818 became effective on January 1, 2005.
(b) This law imposes new state housing mandates
on
(c) In September 2005, the Governor also signed into law SB 435. This law 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.
(d) SB 1818 and SB 435 require cities to adopt implementing ordinances. Notwithstanding the City’s constitutional right to control land use, this proposed interim ordinance incorporates the new density bonus provisions and establishes an implementation process addressing the incentives and concessions required by State law.
(e) The City has received applications from developers seeking to take advantage of the State’s new density bonus provisions.
(f) In accordance with State law, this proposed interim ordinance would modify 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.
(g) The City Council finds and declares that the public health, safety and general welfare requires adoption of an interim ordinance since these revisions are mandated by State law and the City has received development applications that must be reviewed in accordance with State law.
(h) The City’s zoning and planning regulations should be revised to be consistent with State law requirements. These permanent revisions will be implemented in conjunction with the Land Use Element/Zoning Ordinance update.
(i) In light of these concerns, 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. However, that ordinance will expire on May 14, 2006 unless it is extended.
(j) Pending completion of this review and revision, in order to protect the public health, safety, and welfare, it is necessary on an interim basis to modify the City’s density bonus requirements as set forth in Section 2 of this Ordinance and extend the initial interim ordinance until May 11, 2008.
(a) Purpose. The purpose
of this Section is to establish procedures for implementing state density bonus
requirements, as set forth in California Government Code Sections 65915, as
amended, and to increase the production of affordable housing, consistent with the
City’s goals, objectives, and policies.
(b) Definitions. The following definitions shall apply to this Section:
(1) Affordable
Housing Production Program. Chapter
9.56 of the
(2) Affordable Housing Units. Dwelling units for which rental or ownership
costs do not exceed the limits stated in Section 65915 of the California
Government Code. Dwelling units
designated for lower income households, as defined in Section 50079.5 of the
California Health and Safety Code shall have rents not exceeding 30 percent of
60 percent of the area median income as set forth on a rent schedule prepared
by the City's Housing Division or any successor agency. Dwelling units
designated for very low income households, as defined in Section 50105 of the
California Health and Safety Code shall not have rents exceeding 30 percent of 50
percent of the area median income as set forth on a rent schedule prepared by
the City's Housing Division or any successor agency. Dwelling units designated for moderate income
households as defined in Section 50093 of the California Health and Safety Code
shall be offered at an affordable housing cost, as that cost is defined in
Section 50052.5 of the Health and Safety Code and the Affordable Housing
Production Program.
(3) Area Median Income. The estimate of median income in the Los
Angeles Long Beach Primary Metropolitan Statistical Area that is determined
periodically by the United States Department of Housing and Urban Development
(HUD) or any successor agency, adjusted for household size, and which is published
periodically.
(4) Child care facility. A child day care facility other than a
family day care home, including, but not limited to, infant centers,
preschools, extended day care facilities, and school age child care centers.
(5) Condominium
Development. A housing development
defined in subdivision (f) of Section 1351 of the Civil Code, not including the
conversion of existing rental apartments to condominiums.
(6) Density
Bonus. A density increase over the otherwise maximum allowable residential
density granted pursuant to Government Code Section 65915 and this Ordinance.
(7) Density
Bonus Housing Development. A housing
development that obtains a density bonus pursuant to Government Code Section
65915 and this Ordinance.
(8) Housing
Development. A construction development
consisting of five or more residential units, including single family and
multifamily units, for sale or for rent.
For purposes of this Ordinance, “housing development” also includes a
subdivision, planned unit development or condominium development consisting of
five or more residential units or unimproved residential lots, the substantial
remodel and conversion of an existing commercial building to residential use,
the substantial remodel of an existing multifamily dwelling, where the remodel
would create a net increase of at least five residential units, or additional
housing development mandated by Government Code Section 65915.
(9) Incentive or Concession. A reduction in site development standards, modification
of the Zoning Ordinance or Chapter 9.32 (Architectural Review), or other
regulatory incentives or concessions proposed by the developer or the City as
specified in Government Code Section 65915(l).
(10) Lower, Very Low, or Moderate Income. Annual income of a household that does
not exceed the area median for the income category as specified in California
Health and Safety Code Sections 50079.5, 50105, or 50093, as determined by the
City's Housing Division.
(11) Qualifying
(12) Restricted Affordable Unit. An affordable housing unit in a
development rented or sold to a household with very low, lower, or moderate
income residents, and/or senior citizens in accordance with Government Code
Section 65915 and this Ordinance. For a
rental development containing one or more restricted
affordable housing units, the owner shall record a document with the Los
Angeles County Recorder guaranteeing that the relevant affordability criteria
will be observed for at least thirty (30) years from the issuance of the
Certificate of Occupancy or a longer period of time as specified in Government
Code Section 65915(c)(1) and this Ordinance. In the case of for‑sale
units to Moderate Income households, the owner shall comply with requirements
set forth by the City’s Housing Division.
Rents for the lower and very low income density bonus units shall be set
at an affordable rent as defined in Sections 50079.5 and 50105 of the Health
and Safety Code respectively.
Owner-occupied units shall be available at an affordable housing cost as
defined in Section 50052.5 of the Health and Safety Code for moderate income
persons as defined in Section 50093 of the Health and Safety Code.
(13) Senior citizen housing development. A
housing development as defined in California Civil Code Sections 51.3.
(c) Calculation of Minimum Density Bonus in
Residential Zones. As set forth in
the Density Bonus Calculation Table and Density Bonus Summary Table immediately
following subsection (d) of this Section, the minimum density bonuses that
shall be awarded to a housing development in a residential zone are established
by this subsection (c).
(1) The
City shall grant a density bonus to a developer of a housing development who
seeks a density bonus and agrees to construct at least one of the following in
accordance with the requirements of this Section:
(i) Ten percent (10%) of the total units of the
housing development as restricted affordable units affordable to lower income
households; or
(ii) Five percent (5%) of the total units of the
housing development as restricted affordable units affordable to very low
income households; or
(iii) A senior citizen housing development; or
(iv) A qualifying mobilehome park
(v) 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 restrictions specified in this Ordinance.
(2) In
determining the number of density bonus units to be granted pursuant to this
subsection (c), the maximum residential density for the site shall be
multiplied by 0.20 for subdivision (1i), (1ii), 1(iii), and 1(iv) and by 0.05
for subdivision (1)(v), unless a lesser number is selected by the developer. The number of density bonus units may also be
increased in accordance with subsection (d) of this Section.
(3) In calculating the minimum density bonus
established by this subsection (c) or the additional density bonus established
by subsection (d), 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.
(4) A developer may request a
lesser density bonus that that which is available for a housing development
under this subsection (c); however, the City shall not be required to similarly
reduce the number of units required to be dedicated pursuant to this subsection
and Government Code Section 65915(b).
(d) Additional
Density Bonus Increase in Residential Zones. As
set forth in the Density Bonus Calculation Table and Density Bonus Summary
Table immediately following this subsection (d), 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:
(1) 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%).
(2) 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%).
(3) 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 (1%) density bonus
up to a maximum of thirty-five percent (35%).
(4) 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%).
(5) No additional density bonus
increases shall be authorized for senior citizen housing developments or
qualifying mobilehome parks beyond the bonus authorized by subsection (c) of
this Section.
Density
Bonus Summary Table
|
Target Group |
Minimum |
Bonus |
Additional |
% Restricted Affordable |
|
|
% Restricted Affordable |
Granted |
Bonus for |
Units |
|
|
Units |
|
Each 1% |
Required |
|
|
|
|
Increase in |
for |
|
|
|
|
Restricted Affordable |
Maximum |
|
. |
|
|
Units |
35% Bonus |
|
Very Low
Income |
5% |
20% |
2.5% |
11% |
|
Lower
Income |
10% |
20% |
1.5% |
20% |
|
Moderate
Income (Common Interest Dev.) |
10% |
5% |
1% |
40% |
|
Senior
Citizen Housing Development/Qualifying |
100% |
20% |
-- |
-- |
Density Bonus Calculation Table
|
Percentage of Very-Low Income Units |
Density Bonus Percentage |
|
5 |
20 |
|
6 |
22.5 |
|
7 |
25 |
|
8 |
27.5 |
|
9 |
30 |
|
10 |
32.5 |
|
11 |
35 |
|
Percentage of Lower-Income Units |
Density Bonus Percentage |
|
10 |
20 |
|
11 |
21.5 |
|
12 |
23 |
|
13 |
24.5 |
|
14 |
26 |
|
15 |
27.5 |
|
16 |
29.0 |
|
17 |
30.5 |
|
18 |
32 |
|
19 |
33.5 |
|
20 |
35 |
|
Percentage of Moderate-Income Units |
Density Bonus Percentage |
|
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 |
(e) Calculation of Development Bonus
in Commercial Zones. The development
bonus awarded to a housing development in a commercial zone is established by
this subsection (e).
(1) Pursuant to Santa Monica
Municipal Code Section 9.04.08.15.060(a)(2) [BSC Zoning District], Santa Monica
Municipal Code Section 9.04.08.14.060 (b) [BCD Zoning District], Santa Monica
Municipal Code Section 9.04.08.16.060 (c) [C2 Zoning District], Santa Monica
Municipal Code Section 9.04.08.18.060(b) [C3 Zoning District, Santa Monica
Municipal Code Section 9.04.08.20.060 [C3-C Zoning District], Santa Monica
Municipal Code Section 9.04.08.22.060 [C4 Zoning District], Santa Monica
Municipal Code Section 9.04.08.26.060 [C6 Zoning District], and Santa Monica
Municipal Code Section 9.04.08.28.060 [CM Zoning District], the development bonus
that is awarded to a housing development in a commercial zone is provided in
the form of a floor area ratio bonus over the otherwise allowable maximum floor
area ratio. These provisions are not
modified by this Ordinance. In the C5
Zoning District and the CP Zoning District, a residential floor area ratio
bonus of thirty-five percent (35%) over the otherwise allowable maximum floor area
ratio shall be accorded housing developments in those districts.
(2) In determining the base
project for purpose of calculating the number of affordable housing units
required in the housing development, the floor area ratio bonus shall be
excluded, so long as the percentage of the floor area bonus that is excluded
does not exceed the corresponding State density bonus percentage.
(f) Calculation of Development Bonus in Industrial Zones.
The development bonus awarded to a housing development in an industrial
zone is established by this subsection (f).
(1) Pursuant to Santa Monica Municipal Code
Section 9.04.08.34.060(b) [M1 Zoning District] and Santa Monica Municipal Code
Section 9.04.08.35.050(b)(2) [LMSD Zoning District], the development bonus that
is awarded to artist studios is provided in the form of a floor area ratio
bonus over the otherwise allowable maximum floor area ratio. These provisions are not modified by this
Ordinance. In the M1 Zoning District, a residential
floor area ratio bonus of thirty-five (35%) over the otherwise allowable
maximum floor area ratio shall be accorded housing developments in that
district.
(2) In determining the base
project for purpose of calculating the number of affordable housing units
required in the housing development, the floor area ratio bonus shall be
excluded, so long as the percentage of the floor area bonus that is excluded
does not exceed the corresponding State density bonus percentage.
(g) By‑Right Parking Incentives. 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
(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 (g), this
parking may be provided through tandem parking or uncovered parking, but not
through on-street parking.
(h) Incentives
or Concessions. As set forth in the
incentives/concessions summary table immediately following this subsection (h),
in addition to by‑right parking incentives identified in subsection (g)
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:
(i) One incentive or concession if five
percent (5%) of the units (not including the bonus units) are set aside for
very low income households.
(ii) Two incentives or concessions if ten
percent (10%) of the units (not including the bonus units) are set aside for
very low income households.
(iii) 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:
(i) One incentive or
concession if ten percent (10%) of the units are set 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.
(ii) 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.
(iii) 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.
(3) 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.
(4) In submitting a proposal for
the number of incentives or concessions authorized by this subsection (h), a
housing developer may request the specific incentives set forth in the Menu of
Incentives/Concessions in subsection (i) or subsection (j) of this Section or
may submit a proposal for other incentives or concessions. The process for reviewing this request is set
forth in subsection (o) of this Section.
Incentives/Concessions Summary Table
|
Target Group |
Restricted
Affordable Units |
||
|
Very Low Income |
5% |
10% |
15% |
|
Lower Income |
10% |
20% |
30% |
|
Moderate Income (Common
Interest Dev.) |
10% |
20% |
30% |
|
|
|
|
|
|
Maximum Incentive(s)/Concession(s) |
1 |
2 |
3 |
(i) Menu of Incentives/Concessions in Residentially Zoned Districts. Housing
developments in residentially zoned districts that meet the requirements of subsection
(h) 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%) deviation from the
parcel coverage requirement.
(3) Up to fifteen percent (15%) deviation from
front or rear yard setback requirements so long as rear yard setback is at
least five feet.
(j) Menu of Incentives/Concessions in Commercially or Industrially Zoned
Districts. Housing developments in commercially or industrially zoned
districts that meet the affordability requirements of subsection (h) may
request one or more of the following incentives, as applicable, in addition to
the by-right residential parking incentive of subsection (g):
(1) Elimination of any
restriction on the number of stories that can be constructed within the allowable
height limit of the commercial or industrial zoning district in which the development
is constructed.
(2) The floor area devoted to
residential use shall be discounted by fifty percent (50%) when determining the
threshold for a Development Review permit.
(3) Elimination of the private
open space requirement.
(k) Land Donation. When a developer of a housing development
donates land to the City as provided for in this section, the developer shall
be entitled to a fifteen percent (15%) increase above the otherwise maximum
allowable residential density under the applicable zoning ordinance and land
use element of the general plan for the entire development. For each one
percent (1%) increase above the minimum ten percent (10%) land donation
described in paragraph (2) of this section; the density bonus shall be
increased by one percent (1%), up to a maximum of thirty-five percent (35%).
This increase shall be in addition to any increase in density allowed by subsection
(c), up to a maximum combined density bonus of thirty-five percent (35%) if a
developer seeks both the increase required pursuant to this subsection (k) and subsection
(c). When calculating the number of
permitted density bonus units, any calculations resulting in fractional units
shall be rounded to the next larger integer.
(1) A housing development shall be eligible for the density bonus
described in this section if the City makes all of the following findings:
(i) The developer will donate and transfer the land no later than
the date of approval of the final subdivision map, parcel map, or development
application for the housing development.
(ii) The developable acreage and zoning classification of the land
being transferred are sufficient to permit construction of units affordable to
very low income households in an amount not less than ten percent (10%) of the
number of residential units of the proposed development, or will permit
construction of a greater percentage of units if proposed by the developer.
(iii) The transferred land is at least one acre in size or of sufficient size to permit
development of at least forty (40) units, has the appropriate general plan
designation, is appropriately zoned for development as very low income housing,
and is now or at the time of construction will be served by adequate public
facilities and infrastructure. The land shall also have the appropriate zoning
and development standards to make the development of the very low income units
feasible. No later than the date of approval of the final subdivision map,
parcel map, or development application for the housing development, the
transferred land will have all of the permits and approvals, other than
building permits, necessary for the development of the very low income housing
units on the transferred land.
(iv) The transferred land and the very low income units constructed
on the land will be subject to a deed restriction ensuring continued
affordability of the units consistent with this Ordinance, which restriction
will be recorded on the property at the time of dedication.
(v) The land will be transferred to the City, Redevelopment Agency,
or to a housing developer approved by the City. The City reserves the right to
require the developer to identify a developer of the very low income units and
to require that the land be transferred to that developer.
(vi) The transferred land is within the boundary of the proposed
housing development or is located within one quarter mile of the boundary of
the proposed housing development provided that the City makes all of the
findings required by this Section.
(l) Child Care Facilities. When a developer proposes to construct a
housing development that includes restricted affordable units as specified in subsection
(c) and includes a child care facility that will be located on the premises of,
as part of, or adjacent to the housing development, the City shall grant either
of the following if requested by the developer.
(1) An additional density bonus that is an amount of square feet of
residential space that is equal to or greater than the amount of square feet in
the child care facility.
(2) An additional concession or incentive that contributes
significantly to the economic feasibility of the construction of the child care
facility.
(3) A housing development shall be eligible for the density bonus
or concession described in this section if the City makes all of the following
findings:
(i) The child care facility will remain in operation for a
period of time that is as long as or longer than the period of time during
which the restricted affordable units are required to remain affordable
pursuant to subsection (c) of this Section.
(ii) Of the children who attend the child care facility, the
percentage of children of very low income households, lower income households;
or moderate income households shall be equal to or greater than the percentage
of dwelling units that are proposed to be affordable to very low income
households, lower income households, or moderate income households.
(iii) Notwithstanding any requirement of this section, the City shall
not be required to provide a density bonus or concession for a child care
facility if it finds, based upon substantial evidence, that the community
already has adequate child care facilities.
(m) Equity-Sharing
Agreement. Unless it is in conflict
with the requirements of another public funding source or law, the following
equity-sharing agreement shall apply to the restricted affordable units in a
common interest development:
(1) Upon resale, the seller of the unit shall
retain the value of any improvements, the downpayment, and the seller’s
proportionate share of appreciation. The
City shall recapture any initial subsidy and its proportionate share of
appreciation, which shall then be used within three years for any of the
purposes prescribed in subdivision (e) of Section 33334.2 of the Health and
Safety Code that promote homeownership.
(2) The City’s initial subsidy shall be equal to
the fair market value of the home at the time of initial sale minus the initial
sale price to the moderate-income household, plus the amount of any publicly-assisted
downpayment assistance or mortgage assistance.
If upon resale, the market value is lower than the initial market value,
then the value at the time of resale shall be used as the initial market value.
(3) The City’s proportionate share of
appreciation shall be equal to the ratio of the initial subsidy to the fair
market value of the home at the time of the initial sale.
(n) Waiver/Modification
of Development Standards. 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
the densities or with the concessions or incentives permitted by this Section. The developer shall show that the waiver or
modification is necessary to make the housing units economically feasible and
that the development standards will have the effect of precluding the
construction of a housing development meeting the criteria of subsection (c) of
this Section at the densities or with the concessions or incentives permitted
by this Ordinance.
(o) Procedures
(1) 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:
(i) Site plan showing total number of units, number and location
of affordable housing units, and number and location of proposed density bonus
units.
(ii) Level of affordability of affordable housing units and
proposals for ensuring affordability.
(iii) 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 subsections (i) and (j) of this Section,
the application shall include 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 a incentive/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.
(iv) If a
density bonus or concession is requested for a land donation, the application
shall show the location of the land to be dedicated and provide evidence that
each of the findings included in subsection (k) of this Section can be made.
(v) 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 each of the findings included
in subsection (l) of this Section can be made.
(2) Except as provided in
subdivision (4) of this subsection (o), an application for a density bonus,
incentive, concession, waiver, modification, or revised parking standard
pursuant to this Ordinance shall be considered by and acted upon by the
approval body with authority to approve the housing development and subject to
the same administrative appeal procedure, if any. 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.
(3) 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 the Menu of Incentives/Concessions in subsection (i)
or subsection (j) above, the following shall apply if the housing developments are
not otherwise subject to discretionary review:
(i) The Director of
Planning or his/her designee shall issue a determination pursuant to Government
Code Section 65915 and this Ordinance.
(ii) Pursuant to Government
Code Section 65915, the Director or his/her designee shall approve a density
bonus and requested incentives/concessions unless he/she finds 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, on
the physical environment, or on any real property that includes an Historic
Cultural Monument, as declared by the City, State or Federal government, 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.
(iii) Notice. Notice of the
determination shall be provided to same extent as required for the underlying
development approval.
(4) For housing developments
requesting a waiver of a development standard or an incentive/concession not
included in the Menu of Incentives/Concessions in subsection (i) and subsection
(j), the following shall apply:
(i) Hearing and Notice. An application pursuant to this
subdivision shall follow the procedures for Design Compatibility Permits 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.
(ii) Pursuant to Government
Code Section 65915, the City Planning Commission shall approve a density bonus
and requested incentives/concessions unless a finding is made 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, on
the physical environment or on any real property that includes an Historic‑Cultural
Monument, as declared by the City, State or Federal government, 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.
(iii) 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.
(p) Chapter 9.56. Notwithstanding
any provision of this Section to the contrary, development projects remain
subject to 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.
SECTION 4. 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.
APPROVED
AS TO FORM:
_________________________
MARSHA
JONES MOUTRIE
City
Attorney