The purpose of this Chapter is to
promote the public health, safety, and welfare by supporting the development
of housing that is affordable to households earning between 80% and
120% of area median income. The intent of this Chapter is to accommodate
moderate income housing (MHO) projects through increases in density,
height, and relaxation of certain other zoning limitations for residential
developments in which all units are made affordable to households
earning between 80% and 120% of area median income; to incentivize
the reuse of existing buildings in order to create MHO projects; to
enable the feasibility of MHO projects by allowing flexibility in
unit mix and unit size in exchange for greater common area living
space; to enable MHO projects to be permitted by right; and to apply
such standards within the MHO area, to support the Housing Element's
goals of supporting economic sustainability by creating housing that
accommodates an additional segment of the workforce, and achieve greater
socioeconomic diversity.
(Added by Ord. No. 2742CCS § 2, adopted April 11, 2023)
"Moderate income housing overlay (MHO)"
means an overlay zoning district that sets forth modified
development standards within this Chapter for residential developments
Citywide, except for parcels within the Single-Unit Residential (R1)
Zoning District, and in which all units are made affordable to households
earning between 80% and 120% of area median income.
"Moderate income housing overlay (MHO) dwelling unit"
means a dwelling unit, as defined by Section
9.52.020.0730, except that for purposes of this Chapter a dwelling unit shall be a minimum of 250 square feet in size, if the dwelling unit is located within a MHO project for which occupancy is restricted to an MHO eligible household.
"Moderate income housing overlay (MHO) eligible household"
means a household whose gross income exceeds the maximum
income for an 80% income household and whose gross income does not
exceed 120% of the area median income, adjusted for household size,
as published and periodically updated by California Department of
Housing and Community Development.
"Moderate income housing overlay (HMO) project"
means a multiple-unit dwelling project consisting of MHO
dwelling units subject to the standards and restrictions set forth
in this Chapter. An MHO project may contain up to: (1) 33% of the
project's total floor area as market rate dwelling units and/or nonresidential
uses that are otherwise permitted in the base zoning district; and
(2) no more than 25% of the total number of units as market rate units.
(Added by Ord. No. 2742CCS § 2, adopted April 11, 2023)
A. The provisions set forth in this Chapter
shall apply to MHO projects within the MHO.
B. An MHO project shall be permitted by right
if it meets all standards set forth in this Chapter in place of the
requirements otherwise applicable in the underlying zoning district.
Any development not meeting all of the standards set forth in this
Chapter shall be subject to the requirements otherwise applicable
in the underlying zoning district.
C. An MHO project pursuant to this Section
shall not include any alteration or demolition of any of the following
types of housing:
1. Deed restricted affordable housing;
2. Rent-controlled housing or housing subject
to any form of price control, including, but not limited to, units
subject to the California Statewide rent control law and Article XVIII
of the Santa Monica Charter, the City's rent control law;
3. Housing occupied by a tenant in the last
3 years; or
4. Housing on parcels with an Ellis Act eviction
in the last 15 years from date of application submittal.
(Added by Ord. No. 2742CCS § 2, adopted April 11, 2023)
MHO dwelling units shall be exempt from Chapter
9.64, Affordable Housing Production Program, except for the following sections:
A. Section
9.64.110, Income Eligibility Requirements;
(Added by Ord. No. 2742CCS § 2, adopted April 11, 2023)
MHO projects shall conform to the
development standards of the underlying zoning district except as
modified by this Section.
A. Building Height. Projects
shall receive a height increase of up to 33 feet above maximum building
height for the underlying zone district.
B. Residential Density Bonus. Projects shall be allowed to request up to a 50% density bonus.
C. Eligibility for Concessions/Incentives. Projects shall be eligible to request up to 4 incentives and concessions pursuant to procedures set forth in Sections
9.22.060 and
9.22.080.
D. Eligibility for Waiver or Reduction
of Development Standards. Projects shall be eligible to request a waiver or reduction of development standards pursuant to procedures set forth in Sections
9.22.070 and
9.22.080.
E. Open Space.
1. Projects shall provide an increase to minimum
required outdoor living area in a percentage equivalent to the density
bonus requested pursuant to this Section.
2. Projects may substitute common outdoor
living area in lieu of minimum required private outdoor living area
in an equivalent amount.
F. Minimum Off-Street Parking. MHO projects shall not have minimum off-street parking requirements.
G. Transportation Demand Management. In addition to those required by Chapter
9.53, Transportation Demand Management, an MHO project shall include the following transportation demand management measures:
1. A transportation allowance equivalent to
at least 75% of the cost of a monthly regional transit pass, in accordance
with Section 9.53.130(B)(2)(c)(iv).
2. Free on-site shared bicycles intended for
resident and guest use. This shall be optional if Citywide bikeshare
is available within a 2-block radius of the project site.
H. Air Quality Assessment Zone. MHO projects within the Air Quality Assessment Zone shall be required
to prepare a technical memorandum that describes the effectiveness
of design features to reduce exposure to diesel particulate matter
(DPM) as a part of the early project design process. Such memorandum
shall be submitted at the time of project application and shall be
subject to review and approval by the Director prior to project approval.
(Added by Ord. No. 2742CCS § 2, adopted April 11, 2023)