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:
1. 
Priority Housing;
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.
Supportive Housing.
As defined in state Health and Safety Code Section 50675.14(b)(2).
Transitional Housing.
That type of Supportive Housing that is re-circulated to other eligible program participants as specified and defined in state Health and Safety Code Section 50675.2(h).
(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)
A. 
Initial Program Period. The Average Unit-Size Density Incentive Program shall have an initial duration of eight years after the effective date of the ordinance codified in this chapter or until 250 new residential units under this program are constructed (as evidenced by the issuance of a Certificate of Occupancy) within the areas of the City designated for High Density Residential or the Priority Housing overlay (as shown on the City of Santa Barbara Average Unit-Size Density Incentive Program Map), whichever occurs sooner.
B. 
Exclusion of Low and Very Low Housing Units. Housing projects that are affordable to low-income and very low-income households, as defined in the City's Affordable Housing Policies and Procedures, will not count towards the 250 unit Program limit established in subsection A above.
C. 
Pending Applications. Any application for new development that is deemed complete prior to the expiration of the Program term established in subsection A or the issuance of the certificate of occupancy for the 250th residential unit (whichever occurs sooner) may continue to be processed and potentially approved under the Average Unit-Size Density Incentive Program.
(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
(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)
A. 
Development Standards Generally. In order to further encourage the development of projects in accordance with the provisions of this Average Unit-Size Density Incentive Program, the development standards listed in this section are allowed for those projects developed and maintained in accordance with the Average Unit-Size Density Incentive Program. Except as otherwise specified in this section, projects developed in accordance with the provisions of the Average Unit-Size Density Incentive Program shall otherwise comply with the development standards applicable to the base zone in which the lot is located.
B. 
Market Rate Ownership Projects Within the S-D-2 Overlay Zone. Projects developed with market rate ownership units on lots with a City General Plan land use designation of Medium-High Density within the S-D-2 overlay zone shall comply with S-D-2 zone development standards as required by Section 28.45.008 of this title.
C. 
Building Height. Projects developed and maintained in accordance with the Average Unit-Size Density Incentive Program shall conform to the building height standards specified within the zone in which the lot is located, except that Average Unit-Size Density Incentive Program projects in the R-3, R-4, HRC-2, R-O, C-P, C-L, C-1, S-D-2, and OC Zones may be built with up to four stories so long as such buildings do not exceed a maximum of 45 feet in building height; provided, however, that projects developed with market rate ownership units on lots with a City General Plan land use designation of Medium-High Density and subject to the S-D-2 overlay zone shall comply with S-D-2 zone building height and building story limitations of Section 28.45.008 of this title.
D. 
Setbacks. Projects developed and maintained in accordance with the Average Unit-Size Density Incentive Program shall observe the following building setback standards:
1. 
R-O, C-P, C-L, C-1, C-2, C-M, and S-D-2 Zones. Projects developed in accordance with the Average Unit-Size Density Incentive Program in the R-O, C-P, C-L, C-1, C-2, C-M, and S-D-2 Zones shall observe the following building setback standards:
a. 
Front Setback.
i. 
State Street and First Blocks of Cross Streets. Projects on lots fronting State Street between Montecito Street and Sola Street, and lots fronting the first block east or west of State Street on streets that cross State Street between and including Montecito Street and Sola Street, shall not be required to provide a front building setback.
ii. 
Commercially-Zoned Lots Subject to the S-D-2 Overlay Zone. Projects developed on commercially-zoned lots within the S-D-2 overlay zone shall observe a front setback of 10 feet; provided, however, that projects on commercially zoned lots in the Medium-High Density designation and developed with market rate ownership units shall observe the front setback standards of the S-D-2 overlay zone required by Section 28.45.008 of this title.
iii. 
All Other Lots. Projects on lots that do not front on the streets specified in Section 28.20.070.D.1.a.i shall observe the following front building setback standard: A uniform front setback of five feet shall be provided except where that portion of the structure which intrudes into the required five foot front setback is appropriately balanced with a front building setback area that exceeds the minimum five foot front setback. The additional compensating setback area shall not be located farther from the adjacent front lot line than one half of the length of the front lot line.
b. 
Interior Setback Adjacent to Nonresidential Zone. No interior setback is required for those projects adjacent to a nonresidential zone; provided, however, that projects on commercially-zoned lots in the Medium-High Density designation within the S-D-2 overlay zone and developed with market rate ownership units shall observe the interior setback standards required by the applicable base zone.
c. 
Interior Setback Adjacent to Residential Zone. A uniform interior setback of six feet shall be provided except for those projects where that portion of the structure which intrudes into the required six foot interior setback is appropriately balanced with an interior setback area that exceeds the minimum six foot interior setback; provided, however, that projects developed on commercially-zoned lots in the Medium-High Density designation within the S-D-2 overlay zone and developed with market rate ownership units shall observe the interior setback standards required by the applicable base zone.
2. 
R-3 and R-4 Zones. Projects on lots developed in accordance with the Average Unit-Size Density Incentive Program in the R-3 and R-4 Zones (except for market rate ownership projects within the S-D-2 overlay zone) shall observe the following building setbacks:
a. 
Front Setback. A front setback of not less than the indicated distance indicated below shall be provided between the front lot line and all buildings, structures, and parking areas on the lot as follows:
i. 
One or two story buildings or structures: 10 feet
ii. 
Three or more story buildings or structures:
(A) 
Ground floor portions: 10 feet
(B) 
Second story portions: 10 feet
(C) 
Third or more story portions: 20 feet
(D) 
Parking: As required by Sections 28.21.060.A.3 and 28.21.060.A.4 of this title.
b. 
Interior Setback. An interior setback of not less than the distance indicated below shall be provided between the interior lot line and all buildings, structures, and parking on the lot as follows:
i. 
One or two story buildings or structures: six feet
ii. 
Three or more story buildings or structures:
(A) 
Ground floor portions: six feet
(B) 
Second story portions: six feet
(C) 
Third or more story portions: 10 feet
(D) 
Garages, carport or uncovered parking: As required by Section 28.21.060.B.3 of this title.
c. 
Rear Setback. A rear setback of not less than the indicated distance shall be provided between the rear lot line and all buildings, structures, and parking on the lot as follows:
i. 
Ground floor portions: six feet
ii. 
Second story portions: 10 feet
iii. 
Third or more story portions: 10 feet
iv. 
Garage, carport, or uncovered parking: three feet.
3. 
HRC-2 and O-C Zones. Lots developed in accordance with the Average Unit-Size Density Incentive Program in the HRC-2 and OC Zones shall observe the setback standards required by the applicable base zone.
E. 
Distance Between Buildings on the Same Lot. No main building (as defined in Chapter 28.04) shall be closer than 10 feet to any other main building on the same lot; provided, however, that projects on lots in the Medium-High Density designation subject to the S-D-2 overlay zone and developed with market rate ownership units shall observe the building separation standards required by the applicable base zone.
F. 
Parking. As an alternative to the residential parking requirements specified in subsections G and H of Section 28.90.100 of this title, projects developed under the Average Unit-Size Density Incentive Program may observe the following residential parking requirements; provided, however, that projects on lots in the Medium-High Density designation subject to the S-D-2 overlay zone and developed with market rate ownership units shall observe the parking requirements required by the applicable base zone:
1. 
Residential Units. A minimum of one covered or uncovered parking space shall be provided for each residential unit.
2. 
Bicycle Parking. A minimum of one covered and secured bicycle parking space shall be provided for each residential unit.
3. 
Guest Parking. Guest parking is not required.
4. 
Other Parking Standards. Other than the residential parking requirements specified in subsections G and H of Section 28.90.100, projects developed under the Average Unit-Size Density Incentive Program shall observe the parking standards specified in Chapter 28.90 of this title.
G. 
Outdoor Living Space. Projects developed in accordance with the Average Unit-Size Density Incentive Program shall provide outdoor living space in accordance with the provisions of the R-3/R-4 Zone as stated in Section 28.21.081 of this title with the following exceptions:
1. 
All projects on lots in the Medium-High Density designation within the S-D-2 overlay zone and developed with market rate ownership units shall observe the Outdoor Living Space requirements specified by the applicable base zone.
2. 
All projects in commercial zones electing to provide outdoor living space pursuant to the Private Outdoor Living Space Method specified in Section 28.21.081.A are required to provide both the Private Outdoor Living Space specified in Section 28.21.081.A.1 and the Common Open Area specified in Section 28.21.081.A.3. Projects developed under the Average Unit-Size Density Incentive Program which elect to provide outdoor living space pursuant to the Private Outdoor Living Space Method of Section 28.21.081.A.1 may, but are not required to, provide the Open Space specified in Section 28.21.081.A.2.
3. 
All projects in commercial zones electing to provide outdoor living space pursuant to the Common Outdoor Living Space Method specified in Section 28.21.081.B shall provide common outdoor living space in accordance with subsection B of that section. In addition, for projects developed in accordance with the Average Unit-Size Density Incentive Program, the required common outdoor living space may be located at either grade or on any floor of the building(s), notwithstanding Section 28.21.081.B.4 to the contrary.
(Ord. 5630, 2013)
A. 
Planning Commission Review. The Planning Commission shall review all rental housing projects proposed in accordance with the provisions of the Average Unit-Size Density Incentive Program when both of the following criteria are satisfied:
1. 
Any lot within the project site has a High Density Residential land use designation or the project is being proposed under the Average Unit-Size Density Incentive Program Priority Housing Overlay, and
2. 
The project site has a combined net lot area of 15,000 square feet or greater.
B. 
Review by Pre-Application Review Team. All Average Unit-Size Density Incentive Program projects subject to Planning Commission review pursuant to this section shall be reviewed by the Pre-Application Review Team as provided in Section 27.07.070 of this code.
C. 
Timing of Review. The Planning Commission review pursuant to this section shall occur after the initial concept review by the Architectural Board of Review or Historic Landmarks Commission, as applicable. The project applicant may elect to have additional concept reviews by the applicable design review body, prior to the review by the Planning Commission. If an Average Unit-Size Density Incentive Program project requires a discretionary approval by the Planning Commission pursuant to any other provision of this code, then the review required pursuant to this section may be combined with the hearing for the other discretionary approval required for the project.
D. 
Hearing Procedures. The Planning Commission shall conduct its review at a public hearing noticed in accordance with Section 28.87.380 of this title. The Planning Commission shall receive a written report from the Pre-Application Review Team concerning the proposed design and improvement of the project and the project's consistency with the City's General Plan. The Planning Commission shall provide comment and recommendation by majority vote regarding the proposed design and improvement of the project and the project's consistency with the City's General Plan. The Planning Commission comments and recommendations are intended for use by the applicable design review body in their deliberations.
E. 
Communication to Design Review Body. Following the Planning Commission review hearing, the Community Development Department staff shall communicate the Planning Commission's comments and recommendations to the applicable design review body.
F. 
Additional Planning Commission Review. If a project is subject to Planning Commission review pursuant to this section 28.20.080, the Historic Landmarks Commission cannot elect to refer the project to the Planning Commission pursuant to Section 22.22.133, and the Architectural Board of Review cannot elect to refer the project to the Planning Commission pursuant to Section 22.68.050. However, the project applicant may request an additional concept review of the project by the Planning Commission.
(Ord. 5671, 2014)