The Average Unit-Size Density Incentive Program carries out
a key program directed by the 2011 General Plan. The Program facilitates
the construction of smaller housing units by allowing increased density
and development standard incentives in selected areas of the City.
Housing types that provide housing opportunities to the City's workforce
are encouraged and facilitated by the program. The Average Unit-Size
Density Incentive Program will be in effect for a trial period of
either eight years or until 250 residential units have been constructed
in the areas designated for High Density residential (as defined in
Section 28.20.060.B) or the Priority Housing Overlay (as defined in
Section 28.20.060.C), as shown on the City's Average Unit-Size Density
Incentive Program Map, whichever occurs earlier.
(Ord. 5630, 2013)
For purposes of this chapter, the following words or phrases
shall have the respective meanings assigned to them in the following
definitions unless, in a given instance, the context in which they
are used indicates a different meaning:
Affordable Housing.
Residential units that are sold or rented at values defined
as being affordable by the City of Santa Barbara's Affordable Housing
Policies and Procedures, as such policies and procedures may be approved
by the City Council from time to time.
Average Unit Size.
The total of the net floor area of each of the residential
units in a project and divided by the number of residential units
in that project.
Community Benefit Housing.
Residential development that has a public benefit including
the following housing types:
2.
Housing affordable to low, moderate, or middle income households as defined in Chapter
28.43; and
3.
Transitional Housing, affordable efficiency dwelling units (as described in Section
28.87.150 of this title), and supportive housing which supports special needs populations such as housing for seniors, the physically or mentally disabled, the homeless, or children aging out of foster care.
Employer-Sponsored Housing.
Residential units which are developed, owned, maintained,
and initially sold or rented to employees of a local Employer (or
group of employers) where each residential unit is occupied as a primary
residence (as defined by federal income tax law) by a household that
includes at least one person who works in the south coast region of
Santa Barbara County.
Limited-Equity Housing Cooperative.
A corporation organized on a cooperative basis that meets
the requirements of State
Civil Code Section 817 and which restricts
the resale price of the cooperative's shares in order to maintain
a specified level of affordability to any new shareholder.
Local Employer.
A person, business, company, corporation or other duly formed
legal entity which employs persons whose primary place of employment
is located within the South Coast region of Santa Barbara County.
Net Floor Area.
For purposes of this Average Unit-Size Density Program, net
floor area is the area in square feet of all floors confined within
the exterior walls of a residential unit, but not including the area
of the following: exterior walls, vent shafts, courtyards, garages,
carports, common areas not controlled by the occupant of an individual
residential unit, and any areas with a ceiling height of less than
five feet above the finished floor. In addition, the area occupied
by stairs or an elevator shaft within the exterior walls of a residential
unit shall be counted only on one floor of the residential unit.
Priority Housing.
Priority Housing includes the following three categories
of housing: (1) Employer-Sponsored Housing; (2) Limited-Equity Housing
Cooperatives; and (3) Rental Housing.
Project Site.
All lots included within a project proposed in accordance
with the Average Unit-Size Density Incentive Program.
Rental Housing.
Housing developed and maintained as multiple dwelling units
on the same lot for occupancy by separate households pursuant to a
lease or other rental agreements where all dwelling units are owned
exclusively by the same legal entity.
(Ord. 5630, 2013; Ord. 5671, 2014)
The Average Unit-Size Density Incentive Program as established
herein is a density incentive program available in the following zones
of the City: R-3, R-4, HRC-2, R-O, C-P, C-L, C-1, C-2, C-M, and OC
Zones, as shown on the City of Santa Barbara Average Unit-Size Density
Incentive Program Map. The fact that a lot may be subject to an overlay
zone, including, but not limited to, the S-D-2 or S-D-3 Overlay Zones,
does not preclude the application of the Average Unit-Size Density
Incentive Program on that lot if the Average Unit-Size Density Incentive
Program is otherwise allowed in the base zoning of that lot. Development
Projects developed in accordance with the provisions of the Average
Unit-Size Density Incentive Program shall comply with the development
standards specified in this chapter.
(Ord. 5630, 2013)
Notwithstanding the provisions of Section
28.21.070 of this title, for the duration of the Average Unit-Size Density Incentive Program established in Section 28.20.040.A of this chapter, the following incentive program is available regarding the residential density of new development projects in zones of the City which otherwise would apply the R-3 residential density:
A. Average Unit-Size Density Incentive Program. Projects developed in accordance with the provisions of the Average Unit-Size Density Incentive Program established in Section
28.20.060 hereof are exempt from the standard R-3 residential density provisions specified in subsections
B through E of Section
28.21.070 of this title.
B. Variable Density. The variable density provisions specified in subsection F of Section
28.21.070 of this title shall be suspended for the period of time the Average Unit-Size Density Incentive Program established by this chapter is available. Projects developed or approved in accordance with the terms of variable density prior to the effective date of this chapter shall remain legal conforming land uses. During the suspension of subsection F of Section
28.21.070, alterations and additions to variable density projects are permitted provided the alterations or additions do not add new residential units or add bedrooms to existing residential units in excess of the number of bedrooms that could have been developed on the real property under the Variable Density Program.
C. Development of Affordable Housing. Projects that meet the affordability criteria of the State Density Bonus Law or the City's Affordable Housing Policies and Procedures may continue to propose development pursuant to the density incentives established in Section
28.87.400 of this title.
(Ord. 5630, 2013)
The Average Unit-Size Density Incentive Program offers project
applicants dwelling unit density incentives as alternatives to the
base residential densities specified for the particular City zones
in which the program is available. The Average Unit-Size Density Incentive
Program consists of three density tiers which may apply based upon
the City's General Plan land use designation for the lot and the nature
of the development being proposed as follows:
A. Medium-High
Density. The Medium-High density tier applies to those lots with a
City General Plan land use designation of Medium High Density Residential.
The Medium-High density tier allows the development of projects at
residential densities ranging from 15 to 27 dwelling units per acre.
The maximum average unit size within the Medium-High density tier
varies from 1,450 square feet of floor area to 905 square feet of
floor area, depending upon the number of units per acre being developed,
as specified in the Average Unit-Size Density Incentive Program Table
attached to this section and incorporated by this reference as though
fully set forth herein.
B. High
Density. The High Density tier applies to those lots with a City General
Plan land use designation of High Density Residential. The High Density
tier allows the development of projects at residential densities ranging
from 28 to 36 dwelling units per acre. The maximum average unit size
within the High Density tier varies from 1,245 square feet of floor
area to 970 square feet of floor area, depending upon the number of
units per acre being developed, as specified in the Average Unit-Size
Density Incentive Program Table attached to this section.
C. Priority Housing Overlay. The Priority Housing Overlay applies to lots within the City with a City General Plan land use designation of High Density Residential and lots zoned C-M (regardless of the General Plan land use designation) as shown on the City of Santa Barbara Average Unit-Size Density Incentive Program Map attached to Section
28.20.010. The Priority Housing Overlay allows the development of projects at residential densities ranging from 37 to 63 dwelling units per acre. The maximum average unit size within the Priority Housing Overlay varies from 970 square feet of floor area to 811 square feet of floor area, depending upon the number of units per acre being developed, as specified in the Average Unit-Size Density Incentive Program Table attached to this section. The Priority Housing Overlay is only available for Rental Housing, Employer-Sponsored Housing, or Limited-Equity Housing Cooperative. A project developed under the Priority Housing Overlay may have a mixture of Priority Housing categories (i.e., a portion of the project may be Rental Housing while another portion of the project may be Employer-Sponsored housing).
D. Process
to Establish Priority Housing. For the purposes of this chapter, the
different forms of Priority Housing shall be established in the following
manner:
1. Employer-Sponsored
Housing. In order to qualify for the density incentives allowed under
the Average Unit-Size Density Incentive Program, the applicant for
a proposed Employer-Sponsored Housing project should typically propose
a project which contains a range of dwelling unit sizes and which
offers a range of rents or purchase prices, some of which are affordable
to a household earning 200% of the Area Median Income or less at the
time of the initial occupancy of the project. The owner of an approved
Employer-Sponsored Housing project must record a written instrument
against the real property, in a form acceptable to the City Attorney,
by which the employer sponsor(s) that owns the real property agrees
to limit the occupancy of each residential unit to a household who
occupies the unit as their primary residence and which includes at
least one person who is primarily employed at a place of employment
located within the south coast region of Santa Barbara County for
as long as the property is developed and maintained at the incentive
densities.
2. Limited-Equity
Housing Cooperative. In order to qualify for the density incentives
provided under the Average Unit-Size Density Program, all of the dwelling
units within the Limited-Equity Housing Cooperative must be affordable
to households earning up to 250% of the Area Median Income measured
at the time of purchase, as affordability is defined in the City's
Affordable Housing Policies and Procedures, and a covenant containing
this requirement (in a form acceptable to the City Attorney) shall
be recorded against the real property to this effect.
3. Rental
Housing. In order to qualify for the Priority Housing Overlay density
incentives allowed under the Average Unit-Size Density Incentive Program,
the owner of real property developed with Rental Housing must record
a written covenant, in a form acceptable to the City Attorney, by
which the owner agrees to maintain the rental housing use for as long
as the property is developed and maintained at the incentive densities
provided for in this chapter.
E. Dwelling Unit Sizes. The unit sizes shown in the Average Unit-Size Density Incentive Program Table are the maximum average unit sizes allowed for the corresponding residential densities specified in the applicable density tier. Projects may be developed under the Average Unit-Size Density Incentive Program at a residential density that is greater than the base density for the zone in which the lot is located, but at a residential density that is less than the density range specified in the density tier assigned to the lot by its City General Plan land use designation. However, the average unit size of any project that is developed at a residential density which exceeds the Chapter
28.21 base density for the zone in which the lot is located through the application of the Average Unit-Size Density Incentive Program may not exceed the maximum average unit size for the applicable residential density tier as specified in the Average Unit-Size Density Incentive Program Table attached to this section.
AVERAGE UNIT-SIZE DENSITY INCENTIVE PROGRAM TABLE
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(Ord. 5630, 2013)
If a project developed in accordance with the Average Unit-Size Density Incentive Program of this chapter is required to comply with the City's Inclusionary Housing Ordinance (Chapter
28.43), and if the owner of the Project elects to provide the inclusionary units on-site as part of the project (as opposed to paying the allowed in-lieu fee allowed by Chapter
28.43), the increased number of dwelling units to which the owner is entitled under Chapter
28.43 shall also comply with the maximum average unit size for the base density of the project under the Average Unit-Size Density Incentive Program.
(Ord. 5630, 2013)