The intent of this chapter is to provide incentives for the development of housing affordable to very-low income, lower income, senior and other qualifying households (hereinafter referred to collectively in this chapter as “affordable housing development”). State law mandates the provision of density bonuses to senior, very-low, and lower income households under certain circumstances. The City of Santa Barbara has created a separate density bonus program for certain other households. This chapter also establishes conditions and procedures for processing streamlined and by-right housing projects consistent with State law. If any portion of this chapter conflicts with any applicable State law, State law shall supersede this chapter. Any ambiguities in this chapter shall be interpreted to be consistent with State law. Statutory references in this ordinance include successor provisions.
(Ord. 6000, 2021; Ord. 6171, 2/25/2025)
If a project meets the criteria of State law, the project shall be granted a density bonus and incentives or concessions as required by State law and processed as required by State law unless otherwise requested by the applicant.
A. 
Qualifying Housing Developments. Qualifying Housing Developments are as defined in Government Code Section 65915.
B. 
Unit Size. Affordable units shall be comparable in size and provide at least the same average number of bedrooms as the non-affordable units.
C. 
Childcare Facility Density Bonus. When an applicant proposes to construct a housing development that conforms to the requirements of the State density bonus law and includes a childcare facility other than a family day care home that will be located on the premises of, as part of, or adjacent to the project, the City shall grant additional density bonus or additional concession or incentive as required by State law.
D. 
Procedure.
1. 
Determination of Qualification. The applicant shall submit the project for review by the Community Development Director to determine whether the project meets the criteria set forth in State density bonus law.
2. 
Density Bonus and Development Incentives. The density bonus, development incentives, and processing shall be provided as required in Government Code Section 65915.
3. 
Review Procedure. A project which meets all the requirements of State law shall be processed pursuant to the applicable discretionary or objective design review procedure, subject to the following exceptions:
a. 
Density Modification Not Required. When the State density bonus requested is no more than the density bonus mandated by State law, the project shall be deemed exempt from the requirement for a density modification pursuant to Chapter 30.250, Modifications.
b. 
Other Discretionary or Objective Design Review Required. State density bonus projects shall be subject to any other discretionary or objective design review procedure applicable to multi-unit residential uses of the same type in the same zone.
c. 
Decision. The Community Development Director shall determine whether a project and its requested concessions, incentives and development standard waivers are consistent with State density bonus law.
(Ord. 6000, 2021; Ord. 6171, 2/25/2025)
A. 
Qualifying Housing Developments. When a developer proposes an affordable housing development which is not proposed under the State law criteria and requests a density bonus, the project shall comply with the City’s density bonus program, adopted by resolution in the City of Santa Barbara Affordable Housing Policies and Procedures Manual.
B. 
Procedure.
1. 
Density Modification Required. If the proposed project is determined to be consistent with the criteria of the City’s density bonus program, it shall be processed with a density modification pursuant to Chapter 30.250, Modifications, and any other discretionary review procedure (e.g., design review, development plan) applicable to multi-unit residential uses of the same type in the same zone.
2. 
No Automatic Concessions. The City density bonus program does not include automatic concessions, incentives, or development standard waivers. However, the proposed project may apply for a modification of any applicable standard as allowed pursuant to Chapter 30.250, Modifications.
C. 
Relationship to State Density Bonus Law. If an applicant requests a density bonus pursuant to Section 65915 of the California Government Code, the proposed project may not also use the density bonus under the City program.
(Ord. 6000, 2021; Ord. 6171, 2/25/2025)
This section shall remain in effect for the same period as provisions contained in Government Code Section 65913.4. Any provisions that are not extended by the State Legislature shall be repealed as of the date those provisions in Government Code Section 65913.4 are deemed null and void. Applications under this section will be accepted by the City for review until the time the State statute expires or is repealed.
A. 
Qualifying Streamlined Housing Projects. Qualifying streamlined housing projects are as defined in Government Code Section 65913.4.
B. 
Exempt From Discretionary Review. Qualifying streamlined housing projects shall be exempt from all City discretionary review including, but not limited to, any required pre-application or concept review; discretionary action on a tentative map; and discretionary design review, provided that the project conforms with all applicable objective provisions of State law, the Municipal Code, the General Plan, and this section. Except that, if the project is in the coastal zone, an application for a Coastal Development Permit shall be submitted as required by Chapter 30.210, Coastal Permits.
C. 
Objective Design and Development Standards. Any lot developed with a qualifying streamlined housing project shall comply with all objective land use regulations, citywide regulations, development standards, and design review standards, including the Objective Design and Development Standards (ODDS) in Title 25 of this Code in effect at the time a complete application is submitted, applicable to a residential multi-unit or mixed-use project within the zoning district in which the lot is located, including, but not limited to, residential density, setbacks, height, and open yard, as described in Santa Barbara Municipal Code.
1. 
Exceptions Prohibited. A streamlined housing project may not include a request for an exception to these objective standards by applying for a variance, modification, exception, waiver, or other discretionary approval for height, density, setbacks, open yard, land use, development plan approval, or similar development standard, other than concessions, incentives, or development standard waivers granted as part of State density bonus law.
D. 
Review Process.
1. 
Notice of Intent. Before submitting an application for a development subject to streamlined, ministerial approval, the applicant must submit a notice of intent in the form of a preliminary application that includes all of the information described in Government Code Section 65941.1.
2. 
Scoping Consultation. Upon receipt of a notice of intent, the City will engage in a scoping consultation with any California Native American tribe that is traditionally and culturally affiliated with the geographic area, according to the timelines and procedures established by State law. After concluding the scoping consultation, the applicant will be notified as follows:
a. 
If it is either determined that no potential tribal cultural resource could be affected by the proposed development, or if all parties and the property owner enter into an agreement establishing the methods, measures, and conditions for treatment of the tribal cultural resource, the applicant may submit an application for review.
b. 
If it is determined that a potential tribal cultural resource could be affected by the proposed development, and all parties or the property owner do not reach an agreement on methods, measures, and conditions to avoid or address impacts to tribal cultural resources, the development shall not be eligible for the streamlined, ministerial approval process.
3. 
Review of Applications. After the scoping consultation is deemed to be concluded, and if the project is eligible, the applicant may submit a full application pursuant to Chapter 30.205, Common Procedures for ministerial review of the design and an initial determination whether the project meets the remaining criteria for approval in compliance with Government Code Section 65913.4.
4. 
Objective Design Review. Qualifying streamlined housing projects shall be permitted with objective design review pursuant to Section 30.220.050, Objective Design Review, in compliance with the time periods and other provisions established by State law.
(Ord. 6000, 2021; Ord. 6171, 2/25/2025)
A. 
Purpose. This section specifies the process for reviewing uses entitled to review as a “use by right” as defined in Government Code Section 65583.2. In enacting this section, it is the intent of the City to implement State law as well as the goals, objectives, and policies of the City’s Housing Element of the General Plan. The provisions of this section apply to all applications that meet the criteria for by-right approval and shall be processed as required by State law. Applications under this section will be accepted by the City for review until the time an applicable State statute expires or is repealed.
B. 
Qualifying Projects. The following uses are eligible for by-right approval:
1. 
Use by Right Affordable Housing. Affordable housing projects that meet all of the requirements of Government Code Section 65583.2 and as follows:
a. 
Affordability. At least 20% of the total units in the housing development project are sold or rented to very low or low income households.
b. 
Location. Located on sites identified to accommodate a portion of the lower income unit capacity in the General Plan Housing Element “Suitable Sites Inventory” and are shown as either: (i) a vacant site in two or more consecutive Housing Element cycles, or (ii) as a nonvacant site in the prior Housing Element cycle but not yet developed for housing.
2. 
Permanent Supportive Housing. As defined in Government Code Section 65650 that meets all of the requirements of Government Code Section 65660 et seq.
3. 
Low Barrier Navigation Centers. As defined in Government Code Section 65650 that meets all of the requirements of Government Code Section 65660 et seq.
4. 
Land Owned by a Higher Education or Religious Institution. 100% affordable projects located on land that is owned by an independent institution of higher education or religious institution as described in Government Code Section 65913.16.
5. 
Emergency Shelters. Projects consistent with Government Code Section 65583 and Section 30.185.170, Emergency Shelter.
6. 
Other. Other projects eligible under State law for by-right approval.
C. 
Review Process.
1. 
An applicant for a project eligible for by-right approval shall submit an application pursuant to Chapter 30.205, Common Procedures, for ministerial review of the design.
2. 
Projects eligible for by-right approval shall be exempt from all City discretionary review, provided that the project conforms with all objective land use regulations, citywide regulations, development standards, and design review standards, including the Objective Design and Development Standards (ODDS) in Title 25 of this code, that apply to other multi-unit housing within the same zone. Except that, if the project is in the coastal zone, an application for a Coastal Development Permit shall be submitted as required by Chapter 30.210, Coastal Permits.
3. 
As provided by Government Code Section 65583.2(i), an eligible project is exempt from the California Environmental Quality Act.
4. 
Projects eligible for by-right approval shall be permitted with objective design review pursuant to Section 30.220.050, Objective Design Review, consistent with the time periods and other provisions established by State law.
(Ord. 6171, 2/25/2025)
If a housing development includes 20% of units affordable to very low or low- income households, 100% of units affordable or moderate or middle income households, or an Emergency Shelter, the Review Authority shall approve the housing development unless the Review Authority makes written findings supported by a preponderance of the evidence in the record, as to at least one of the findings in Government Code Section 65589.5(d).
(Ord. 6000, 2021; Ord. 6171, 2/25/2025)