The purpose of this Chapter is to establish and describe regulations for implementing policies of the General Plan intended to ensure that new development that is allowed to exceed the base height, density, and floor area ratio allowed by the Land Use and Circulation Element (LUCE), in return provide community benefits that enhance Santa Monica's highly valued community character.
More specifically, these regulations will implement LUCE policies, which require that, as development is approved above the base floor area ratio, density, and height, it must be accompanied by a range of community benefits from 4 priority categories: Affordable Housing, Trip Reduction and Traffic Management, Community Physical Improvements, and Social and Cultural Facilities. In addition to promoting the development of additional on-site affordable housing and to maintaining existing City programs that provide incentives for the production of affordable housing, these requirements are intended to reduce the additional burdens more intense development allowed by the General Plan will impose on the City by requiring applicants to pay additional fees to mitigate project impacts or, in specific instances, allowing applicants to incorporate features into their projects.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; Amended by Ord. No. 2742CCS § 2, adopted April 11, 2023)
The requirements of this Chapter apply to all projects involving new development and additions for which applicants propose to exceed the maximum base floor area, height, or densities allowed for Tier 1 projects. The provisions of this Chapter establish the requirements under which additional floor area or density and height may be allowed up to the Tier 2 maximum standards established in the General Plan and this Ordinance.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; Amended by Ord. No. 2742CCS § 2, adopted April 11, 2023)
An applicant seeking approval for a project that exceeds the base floor area or density or height allowed in the district where the project is located ("Tier 2 projects") shall provide community benefits in each of the following categories.
A. 
Housing. All Tier 2 projects that propose to include dwelling units must meet the following requirements:
1. 
Affordable Housing. Applicants shall incorporate the following:
a. 
At least 50% more affordable housing units than would be required pursuant to Section 9.64.050. Any fractional affordable housing unit that results from this formula shall be provided as a whole affordable housing unit (i.e., any resulting fraction shall be rounded up to the next larger integer).
b. 
On-site affordable housing units required by this subsection shall be affordable to 50% or 80% income households, as defined by Section 9.64.020. Subject to the modifications contained in this subsection (A), all of the affordable units shall comply with all other provisions of Chapter 9.64, Affordable Housing Production Program.
c. 
Affordable housing units required by this subsection (A) may be provided offsite, pursuant to Section 9.64.060, if the affordable housing units are owned in whole or part and operated by a nonprofit housing provider for the life of the project, and the Final Construction Permit Sign Off or Certificate of Occupancy for the affordable units is issued prior to or concurrently with the Tier 2 project.
2. 
Unit Mix. Applicants shall incorporate the following:
a. 
For market rate units:
i. 
At least 10% of the units shall be three-bedroom units;
ii. 
At least 15% of the units shall be two-bedroom units; and
iii. 
No more than 15% of the units shall be studio units.
b. 
For affordable housing units:
i. 
The unit mix percentage for affordable two- and three-bedroom housing units shall be equal to or greater than the unit mix percentage required for the corresponding market rate units pursuant to subsection (A)(2)(a) of this Section. If the calculation results in 0.5 or more, the fraction shall be treated as a whole affordable housing unit.
ii. 
The unit mix percentage for studio affordable housing units shall not exceed 15% of the total number of affordable units.
c. 
The Director may grant a waiver from this unit mix requirement pursuant to the requirements and procedures for Waivers in Chapter 9.43.
d. 
The requirements of subsection (A)(2) of this Section shall not apply to project applications filed prior to the effective date of this Ordinance.
B. 
Affordable Housing Commercial Linkage Fee. All Tier 2 Projects proposing to include nonresidential uses shall pay a housing mitigation fee 14% above the base fee as required by Chapter 9.68, Affordable Housing Commercial Linkage Fee Program, for that portion of the floor area above the maximum Tier 1 floor area allowed by this Ordinance.
C. 
Transportation Impact Fee. All Tier 2 Projects shall pay an additional Transportation Impact Fee (TIF) 14% above the base fee required by Chapter 9.66, Transportation Impact Fee Program, for that portion of the floor area above the maximum Tier 1 floor area allowed by this Ordinance.
D. 
Open Space. All Tier 2 Projects shall either pay an additional Open Space Fee (OSF) 14% above the base fee required by Chapter 9.67, Parks and Recreation Development Impact Fee Program, for that portion of the floor area above the maximum Tier 1 floor area allowed by this Ordinance, or provide publicly accessible open space that complies with the following requirements.
1. 
Minimum area: 7,500 square feet of usable space.
2. 
Open space is owned, operated, and maintained by the developer or property manager in accordance with an approved maintenance plan to be reviewed and approved by the Director of Community and Cultural Services or designee.
3. 
Each part of the open space shall be accessible from other parts of the open space without leaving the open space area.
4. 
Open space shall be directly accessible from the sidewalk, and be accessible to persons with disabilities.
5. 
Open space shall be on the ground level.
6. 
No more than 20% of the open space is occupied by open space-related above-grade structures, such as pergolas or public restroom structures.
7. 
A minimum of 35% of the open space is planting area with grass, ground cover, bushes, or trees. All trees shall be planted flush with the surrounding grade. The urban forester shall be consulted as to the selection of these trees, their size, and the appropriate planter size to facilitate the trees' viability in the given urban conditions and microclimate.
8. 
The open space is open to the public, without charge, each day of the year from 6:00 a.m. to 11:00 p.m., except for temporary closures for necessary maintenance or public safety.
9. 
At a minimum, the following elements shall be included within the open space:
a. 
Trees and landscaping;
b. 
Seating;
c. 
Bike racks;
d. 
Refuse and recycling receptacles; and
e. 
Signage that include hours of operation.
E. 
Transportation Demand Management. All Tier 2 projects shall include the following Transportation Demand Management measures in addition to those required by Chapter 9.53, Transportation Demand Management:
1. 
For nonresidential components of projects, provide the following:
a. 
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)(b)(viii).
b. 
Bike valet, free of charge, during all automobile valet operating hours.
2. 
For residential components of projects, provide the following:
a. 
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).
b. 
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.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2520CCS § 39, adopted June 14, 2016; Ord. No. 2742CCS § 2, adopted April 11, 2023)