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 housing projects consistent with California Government
Code Section 65913.4.
(Ord. 6000, 2021)
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 review procedure, subject to the following
exceptions:
a. Lot Area Modification. When the density bonus requested is no more than the density bonus mandated by State law, the Community Development Director shall deem the project's density consistent with the Zoning Ordinance, and exempt from the requirement for a modification pursuant to Chapter
30.250, Modifications.
b. Design Review Body Hearing. When the Community Development
Director determines that a proposed project meets all the requirements
of the residential zoning category in which the project is proposed,
does not cause any unavoidable, significant, environmental impacts,
and requires design review as its only City discretionary approval,
the appropriate design review body shall review the project.
(Ord. 6000, 2021)
The provisions of this section apply to applications deemed
complete before January 1, 2026 that meet the criteria for qualifying
streamlined housing projects and shall be processed as required by
state law. No application under this section will be accepted by the
City after January 1, 2026 unless the state extends or does not repeal
Government Code Section 65913.4 or if
Government Code Section 65913.4
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.
C. Objective Zoning and Design 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 Standards
for Streamlined Housing Projects 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 modifications granted as part of a density bonus
concession or incentive pursuant to 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 an application for review pursuant to Chapter
30.205, Common Procedures for initial determination whether the project meets the remaining criteria for approval in compliance with
Government Code Section 65913.4.
4. Ministerial Design Review. After the
application is determined to be complete, the Community Development
Director will schedule the project for ministerial design review by
either the Architectural Board of Review or Historic Landmarks Commission,
as appropriate, for one or more public oversight hearings, as follows:
a. Ministerial design review shall be objective and strictly focused
on assessing compliance with the criteria required for streamlined
housing projects, as well as any adopted objective design standards.
b. Ministerial design review shall require public notice and a hearing pursuant to Chapter
30.205, Common Procedures.
5. Project Approval. A project which meets
all the requirements of state law and this section shall be approved
by the applicable design review body in compliance with the time periods
established by State law.
6. Appeals. A final action by the design review body to deny a qualifying streamlined housing project may be appealed by the applicant to the City Council in accordance with Chapter
1.30 of the Santa Barbara Municipal Code. In addition to the procedures specified in Chapter
1.30 of the Santa Barbara Municipal Code, public notice shall be provided in the same manner required for the action that was the subject of the appeal. In deciding such an appeal, the City Council shall determine whether the project complies with the criteria required for streamlined housing projects, as well as any adopted objective design standards.
(Ord. 6000, 2021)
If at least 20% of the total units in a housing development
are sold or rented to low income households, and the balance of the
units are sold or rented to either low or moderate income households,
it shall not be disapproved or conditioned in a manner which renders
the project infeasible for development for the use of low and moderate
income households unless the decision making body finds, based upon
substantial evidence, one of the following, pursuant to California
Government Code Section 65589.5:
A. The
project is not needed for the City to meet its share of the regional
need of low or moderate income housing as outlined in the adopted
Housing Element to the General Plan; or
B. The
project as proposed would have a specific, adverse impact upon the
public health and safety, and there is no feasible method to satisfactorily
mitigate or avoid the specific adverse impact without rendering the
project unaffordable to low or moderate income households; or
C. Denial
of the project or imposition of conditions is required in order to
comply with specific state or federal law, and there is no feasible
method to comply without rendering the project unaffordable to low
or moderate income households; or
D. Approval
of the project would increase the concentration of low income households
in a neighborhood that already has a disproportionately high number
of low income households and there is no feasible method of approving
the development at a different site, including sites identified in
the adopted Housing Element, without rendering the development unaffordable
to low or moderate income households; or
E. The
project is proposed on land zoned for resource preservation which
is surrounded on at least two sides by land being used for agricultural
or resource preservation purposes, or which does not have adequate
water or wastewater facilities to serve the project; or
F. The
project is inconsistent with the land use designation as outlined
in the adopted General Plan or in any General Plan element as it existed
on the date the application for the project was deemed complete.
(Ord. 6000, 2021)