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.
(Ord. 5890, 2019; Ord. 5954, 2020; Ord. 6011, 2021; Ord. 6052, 2022; Ord. 6129, 12/5/2023)
In addition to the definitions contained in Chapter
30.300, 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.
Affordable Rent.
The maximum monthly housing payment that may be charged for
a moderate income unit, calculated on the basis of 100% of the area
median income adjusted for the household size appropriate for the
residential unit, multiplied by 30% divided by 12. As used in this
chapter, "affordable rent" shall include the total of monthly payments
by the tenant for all of the following: (1) use and occupancy of the
moderate income unit and land and all facilities associated with the
moderate income unit; (2) any additional separately charged fees or
service charges assessed by the owner, other than security deposits;
(3) an allowance for utilities paid by the tenant as established by
the City, including garbage collection, sewer, water, electricity,
gas, and other heating, cooking, and refrigeration fuel, but not telephone,
internet, or television service; and (4) any other interest, taxes,
fees or charges for use of the land or moderate income unit or associated
facilities and assessed by a public or private entity other than the
owner, and paid by the tenant.
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. Common areas not controlled by the occupant of an
individual residential unit are excluded from the average unit size.
Community Benefit Housing.
Residential development that has a public benefit including
the following housing types:
2.
Housing affordable to very low, low, moderate, or middle income households as defined in Chapter
30.160, Inclusionary Housing; and
3.
Transitional housing and supportive housing.
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.
Household.
One or more persons living together in a single residential
unit, with common access to, and common use of, all living areas and
all areas and facilities for the preparation and storage of food and
who maintain no more than four separate rental agreements for the
single residential unit.
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 re-sale 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.
Market-Rate Unit.
An ownership housing residential unit or a rental housing
residential unit that may be sold or leased at an unrestricted price.
Moderate-Income Household.
A household whose income does not exceed the moderate income
limits applicable to Santa Barbara County as defined in California
Health and Safety Code Section 50093 and published annually pursuant
to Title 25 of the
California Code of Regulations, Section 6932 (or
its successor provision) by the California Department of Housing and
Community Development. Moderate-income households are generally households
with incomes between 80% and 120% of area median income.
Ownership Housing.
Housing developed so that individual residential units may
be sold separately under the requirements of the State Subdivision
Map Act. For purposes of this chapter, a residential unit may be designated
as ownership housing whether or not it is rented by the owner thereof.
Priority Housing.
Priority housing includes the following three categories
of housing:
1.
Employer-sponsored housing;
2.
Limited-equity housing cooperatives; and
Rental Housing.
Housing developed and maintained as multiple residential
units on the same lot for occupancy by separate households pursuant
to a lease or other rental agreements where all residential units
are owned exclusively by the same legal entity.
(Ord. 5890, 2019; Ord. 5954, 2020)
The Average Unit-Size Density Incentive Program as established
herein is a density incentive program available in the following zones
of the City: R-M, R-MH, O-R, C-R, C-G, M-C, CO-HV, and CO-CAR Zones,
as shown on the City of Santa Barbara Average Unit-Size Density Incentive
Program Map (Exhibit A to this chapter). The fact that a lot may be
subject to an overlay zone 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. 5890, 2019; Ord. 5954, 2020)
Notwithstanding the provisions of Chapter
30.20, Residential Zones, 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-M 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
30.150.070, Average Unit-Size Density Incentives, hereof are exempt from the standard R-M residential density provisions specified in Table 30.20.030.B, Development Standards-Two-Unit and Multi-Unit Zones.
B. 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 Chapter
30.145, Affordable Housing and Density Bonus and Development Incentives.
(Ord. 5890, 2019; Ord. 5954, 2020; Ord. 6129, 12/5/2023)
A. Planning Commission Concept Review. Concept Review by the Planning Commission pursuant to Section
30.205.040, Concept Review, is required for all rental housing projects proposed in accordance with the provisions of the Average Unit-Size Density Incentive Program when all of the following conditions apply:
1. The project does not require another discretionary approval by the
Planning Commission pursuant to any other provision of this title;
and
2. The project site includes a lot with 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
3. 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 Concept Review pursuant to subsection
A above, shall be reviewed by the Pre-Application Review Team pursuant to Section
30.205.030, Pre-Application Review.
C. Initial Concept Review by Design Review Body. Initial Concept
Review by the appropriate Design Review body shall occur prior to
Concept Review by the Planning Commission. The applicant may elect
to have additional Concept Reviews by the appropriate Design Review
body, prior to the review by the Planning Commission.
D. Pre-Application Review Team Report. Prior to their review,
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.
E. Planning Commission Comment and Recommendations. 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.
F. 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.
G. Additional Planning Commission Review. If a project is subject to Planning Commission Concept Review pursuant to this section, the Historic Landmarks Commission cannot elect to refer the project to the Planning Commission pursuant to Section 30.220.020.D, or as such section reference may be amended in the future, of this Code, and the Architectural Board of Review cannot elect to refer the project to the Planning Commission pursuant to Section
22.68.050, or as such section reference may be amended in the future, of this Code. However, the project applicant may request an additional concept review of the project by the Planning Commission.
(Ord. 5890, 2019; Ord. 5954, 2020)
The Average Unit-Size Density Incentive Program offers project
applicants residential 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 residential 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 (Exhibit B to this chapter).
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 residential 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 (Exhibit B to this
chapter).
C. Priority Housing Overlay. The Priority Housing Overlay tier
applies to lots within the City with a City General Plan land use
designation of High Density Residential and lots zoned M-C (regardless
of the General Plan land use designation) as shown on the City of
Santa Barbara Average Unit-Size Density Incentive Program Map (Exhibit
A to this chapter). The Priority Housing Overlay allows the development
of projects at residential densities ranging from 37 to 63 residential
units per acre. The maximum average unit size within the Priority
Housing Overlay tier 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 (Exhibit B to this chapter).
(Ord. 5890, 2019; Ord. 5954, 2020)
If residential units in an ownership housing project are developed in accordance with the Average Unit-Size Density Incentive Program of this chapter, the project shall comply with the City's Inclusionary Housing Ordinance (Chapter
30.160), and if the owner of the ownership housing project elects to provide the inclusionary units on-site as part of the ownership housing project (as opposed to paying the allowed in-lieu fee allowed by Chapter
30.160), the increased number of residential units to which the owner is entitled under Chapter
30.160 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. 5890, 2019; Ord. 5954, 2020)
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 zone in which the lot is located. This section does
not apply to a parcel that was developed with a mobilehome park (as
defined by California
Health and Safety Code Section 18214) that existed
on November 1, 2018.
B. Market Rate Ownership Projects Within the Upper State Street Area
(USS) Overlay Zone. Projects developed with market rate ownership units, on lots with a City General Plan land use designation of Medium-High Density, and within the Upper State Street Area (USS) Overlay Zone, shall comply with Upper State Street Area (USS) Overlay Zone development standards as required by Chapter
30.85.
C. Maximum Height.
1. C-G and M-C Zones. Projects developed and maintained in accordance with the Average Unit-Size Density Incentive Program in the C-G or M-C Zones, located in and developed at the Priority Housing Overlay Tier, as shown on the City of Santa Barbara Average Unit-Size Density Incentive Program Map (Exhibit A to this chapter), and located within the Central Business District, delineated on Figure 30.175.050.B, Central Business District, shall be allowed a maximum height of 48 feet, unless an exception is approved pursuant to Section
30.140.100, Exceptions to Height Limitations.
2. R-M, R-MH, 0-R, C-R, CO-HV, CO-CAR Zones, or the USS
Overlay Zone. Projects developed and maintained in
accordance with the Average Unit-Size Density Incentive Program in
the R-M, R-MH, 0-R, C-R, C-G, M-C, CO-HV, CO-CAR Zones, or the USS
Overlay Zone shall conform to the maximum height standards specified
within the zone in which the lot is located.
D. Maximum Floor Area. Average Unit-Size Density Incentive Program projects in the USS Overlay Zone are not subject to the USS Overlay Zone maximum floor area limitations of Chapter
30.85, except, that projects developed with market rate ownership units on lots with a City General Plan land use designation of Medium-High Density and located within the USS Overlay Zone shall comply with USS Overlay Zone maximum floor area limitations of Chapter
30.85.
E. Setbacks. Projects developed and maintained in accordance
with the Average Unit-Size Density Incentive Program shall observe
the following setback standards:
1. O-R, C-R, C-G, and M-C Zones and the USS Overlay Zone. Projects developed in accordance with the Average Unit-Size
Density Incentive Program in the 0-R, C-R, C-G, and M-C Zones and
the USS Overlay Zone shall observe the following 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 setback.
ii. Non-Residentially-Zoned Lots Subject to the USS Overlay Zone. Projects developed on non-residentially-zoned lots within the USS Overlay Zone shall observe a front setback of 10 feet; provided, however, that projects on non-residentially-zoned lots in the Medium-High Density designation and developed with market rate ownership units shall observe the front setback standards of the USS Overlay Zone required by Chapter
30.85.
iii.
All Other Lots. Projects on lots that do not front on the streets
specified in subsection E.1.a.i, State Street and First Blocks of
Cross Streets, shall observe the following front setback standard:
(1)
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 setback
area that exceeds the minimum five-foot front setback. The additional
compensating setback area shall be in the front yard, and not located
farther from the adjacent front lot line than one half of the depth
of the lot.
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 non-residentially-zoned
lots in the Medium-High Density designation within the USS Overlay
Zone and developed with market rate ownership units shall observe
the interior setback standards required by the applicable 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 non-residentially-zoned
lots in the Medium-High Density designation within the USS Overlay
Zone and developed with market rate ownership units shall observe
the interior setback standards required by the applicable zone.
2. R-M and R-MH Zones. Projects on lots
developed in accordance with the Average Unit-Size Density Incentive
Program in the R-M and R-MH Zones, except for market rate ownership
projects within the USS Overlay Zone, shall observe the same setbacks
as the R-M and R-MH Zones.
3. CO-HV and CO-CAR Zones. Lots developed
in accordance with the Average Unit-Size Density Incentive Program
in the CO-HV and CO-CAR Zones shall observe the setback standards
required by the applicable zone.
F. Parking. Projects developed under the Average Unit-Size Density
Incentive Program shall observe the following parking requirements.
1. Within the Central Business District. Projects developed and maintained in accordance with the Average Unit-Size Density Incentive Program, on lots within the Central Business District, as delineated in Figure 30.175.050.B., shall provide a maximum of one off-street parking space per residential unit. The parking space may be covered or uncovered, and may be leased separately from the residential unit. All off-street parking spaces associated with nonresidential components of mixed-use projects developed under the Average Unit-Size Density Incentive Program shall comply with the parking standards set forth in Chapter
30.175, Parking Regulations.
2. Outside the Central Business District. Projects developed and maintained in accordance with the Average
Unit-Size Density Incentive Program on lots outside the Central Business
District, as delineated in Figure 30.175.050.B., shall observe the
following parking requirements:
a. Studio, One-Bedroom, and Two-Bedroom Residential Units. A minimum of one parking space shall be provided for each residential
unit. The parking spaces may be covered, uncovered, or a combination
of both.
b. Three or More Bedroom Residential Units. A minimum
of two automobile parking spaces shall be provided for each residential
unit with three or more bedrooms. The parking spaces may be covered,
uncovered, or a combination of both.
c. Market Rate Ownership Projects in USS Overlay Zone. Projects on lots in the Medium-High Density designation subject
to the USS Overlay Zone and developed with market rate ownership units
shall observe the parking requirements required by the applicable
zone.
3. Parking Reductions. Except for the parking reductions provided pursuant to Section 30.175.050.A, for development in which 100% of the units are developed as rental units affordable to very low or low income households, or Senior Housing, residential units developed under this chapter shall not qualify for any additional parking exceptions or reductions pursuant to Chapter
30.175, Parking Regulations.
4. Bicycle Parking. A minimum of one covered
and secured bicycle parking space shall be provided for each residential
unit.
5. Guest Parking. Guest parking is not
required.
6. Other Parking Regulations. Other than the number of required off-street parking spaces pursuant to Table 30.175.040, Required Off-Street Parking Spaces, and as may otherwise be provided in Section 30.150.090.F.1., projects developed under this chapter shall observe all of the parking standards specified in Chapter
30.175, Parking Regulations.
G. Open Yard. Projects developed in accordance with the Average
Unit-Size Density Incentive Program shall provide open yard as follows:
1. Residential Zones. Projects in residential zones shall provide the open yard requirements specified by Section
30.140.140, Open Yards.
2. Nonresidential Zones.
a. Projects in nonresidential zones, in the Medium-High Density designation, within USS Overlay Zone, and developed with market rate ownership units shall provide the open yard requirements specified by Section
30.140.140, Open Yards.
b. All other projects in nonresidential zones shall provide open yard
requirements as follows:
i. Private open yard, pursuant to Section 30.140.140.C.2, Lots Developed
with Multi-Unit Residential or Mixed-Use; and
ii. On lots developed with four or more residential units, one additional
area, located on grade or on a roof deck, is required with minimum
dimensions of 15 feet long and 15 feet wide for use as a common open
yard accessible to all residential units on the lot.
iii.
An alternative open yard design that meets the following standards
is allowed to replace subsections G.2.b.i and ii above.
(1)
Minimum Area. 15% of the net lot area located on the ground
or on decks of any height, including roof decks; and
(2)
Minimum Dimensions. At least one area with a minimum dimension
of 20 feet long and 20 feet wide, located on the ground or on any
floor of the building or structure, including roof decks, that are
accessible to all units for use as a common open yard area must be
provided.
(3)
Standards and Location. Except those for private open yards
in Sections 30.140.140.D.4 and 30.140.140.E.5, and the on-grade requirement
in Section 30.140.140.E.2, all other open yard standards and location
requirements, pursuant to subections 30.140.140.D and E, Standards
and Location, shall be met.
(Ord. 5890, 2019, 5869, 2019; Ord. 5954, 2020; Ord. 6010, 2021)
Residential units approved, permitted, or constructed under
the Average Unit-Size Density Incentive Program shall not be converted
to a hotel or other similar use as delineated in Section 30.295.040.P.
(Ord. 5869, 2019; Ord. 5890, 2019; Ord. 5954, 2020)
A. General Requirements.
1. Developments of 10 or More Residential Units. For all projects developed in accordance with the Average
Unit-Size Density Incentive Program of this chapter with 10 or more
rental housing residential units, at least 10% of the total residential
units on site shall be constructed and offered at an affordable rent
as moderate income units restricted for occupancy at moderate income
to be occupied by moderate-income households as specified herein.
Existing residential units that are to be retained shall be included
in the number of residential units in the project for purposes of
calculating the number of moderate income units required under this
subsection.
2. Developments of Less Than 10 Residential Units But
More Than Four Residential Units— Payment of an lnclusionary
Housing In-Lieu Fee. For all projects developed in
accordance with the Average Unit-Size Density Incentive Program of
this chapter with fewer than 10 and more than four rental housing
residential units, the applicant shall have the option to either pay
to the City an inclusionary housing in-lieu fee equal to an amount
specified by Section 30.150.120.B, Calculation of inclusionary housing
in-lieu fee, or to construct and offer residential units on site and
offered at an affordable rent as moderate income units as set forth
in subsection A.1.
B. Density Bonus Units. Any additional rental housing residential
units authorized and approved as a density bonus under the State density
bonus law or the City's Affordable Housing Policies and Procedures
shall not be counted in determining the required number of moderate
income units.
C. Rounding the Remainder. In determining the number of moderate
income units required by this section, any decimal fraction of 0.5
or more shall be rounded up to the nearest whole number. For any decimal
fraction less than 0.5, the applicant of the project shall pay the
City an lnclusionary Housing In-Lieu fee for the remainder equal to
an amount specified by Section 30.150.120.B, Calculation of lnclusionary
Housing In-Lieu Fee.
D. Average Unit-Size Density Program lnclusionary Moderate Income Housing
Plan Requirement. Every Average Unit-Size Density Program rental housing development subject to the requirements of subsection
A shall include a Moderate Income Housing Plan that meets the standards of Section
30.150.140 as part of the building permit application submittal. No application for a building permit may be issued until a Moderate Income Housing Plan is submitted to and approved by the Community Development Director as being complete. The Community Development Director may require additional information reasonably necessary to clarify and supplement the application or determine the consistency of the proposed Moderate Income Housing Plan with the requirements of this chapter.
E. Rental Housing Projects Exempted from lnclusionary Requirements. The inclusionary requirements of this chapter shall not apply to
the following types of rental housing projects:
1. Casualty Reconstruction Projects. The
reconstruction of any residential units or structures which have been
destroyed by fire, flood, earthquake or other act of nature, which
are being reconstructed in a manner consistent with the requirements
of Section 30.165.080.C, Repair and Replacement of Damaged or Destroyed
Nonconforming Structures.
2. Voluntarily Affordable Projects. Residential
developments which propose that not less than 100% of the residential
units of the project (excluding managers' units) will be deed restricted
for occupancy by families qualifying as lower income households pursuant
to and in accordance with the City's Affordable Housing Policies and
Procedures.
3. Employer-Sponsored Housing Projects. Employer-sponsored housing projects developed in accordance with
this chapter.
4. Four or Fewer Rental Housing Residential Units. Projects that propose four or fewer units developed in
accordance with this chapter.
(Ord. 5890, 2019; Ord. 5954, 2020; Ord. 6010, 2021)
A. Payment of Inclusionary Housing In-Lieu Fee to City. All inclusionary housing in-lieu fees paid under this section shall be deposited into the City's Affordable Housing Inclusionary Fund as provided for in Section
30.160.130, Affordable Housing Inclusionary Fund.
B. Calculation of Inclusionary Housing In-Lieu Fee. The inclusionary
housing in-lieu fee shall be set at an initial amount equal to $25.00
per square foot, based on the net floor area of each Average Unit-Size
Density Incentive Program rental housing residential unit. The inclusionary
housing in-lieu fee shall be evaluated annually and adjusted by the
Community Development Director by the Engineering News Record (ENR)
Building Cost Index for Los Angeles. The inclusionary housing in-lieu
fee may additionally be adjusted from time to time by resolution of
the City Council.
C. Fractional Units. If the calculation for the required number of moderate income units as provided in Section
30.150.110, Inclusionary Requirements for Rental Housing Projects, results in a fraction of a residential unit, the amount of inclusionary housing in-lieu fee for such fractional unit shall be calculated as follows:
Fractional Unit / Total Moderate Income Unit Requirement x Per
Square Foot Fee x Net Floor Area in the Project
Example: 33-unit rental housing project totaling 50,000
sq. ft. has an on-site requirement of 10%, or 3.3 residential units.
Applicant must provide 3 moderate income units and pay an in-lieu
fee for the 0.3 fractional unit. The payment for the in-lieu fee is
calculated as follows: 0.3/3.3 x $25.00 x 50,000 sq. ft. = $113,636.
D. Timing of Payment of Inclusionary Housing In-Lieu Fee. The
inclusionary housing in-lieu fees shall be paid to the City prior
to the issuance of a Certificate of Occupancy or the date of the final
inspection, whichever occurs first.
(Ord. 5890, 2019; Ord. 5954, 2020)
Moderate income units required to be constructed by this chapter
shall conform to the following standards:
A. Design. Moderate income units shall be dispersed evenly throughout
a project and shall be comparable in construction quality and exterior
design to the market-rate units constructed as part of the development.
The size of moderate income units shall be determined in accordance
with the City's Affordable Housing Policies and Procedures. Moderate
income units may have different interior finishes and features than
market-rate units so long as the interior features are durable, of
good quality and consistent with contemporary standards for new housing.
B. Bedrooms and Bathrooms. The average number of bedrooms in
the moderate income units shall equal or exceed the average number
of bedrooms in the market-rate units of the development. One-and two-bedroom
moderate income units shall generally have at least one and one-half
bathrooms, and three-bedroom moderate income units shall have at least
two bathrooms. However, the required number of bathrooms shall not
be greater than the number of bathrooms in the market-rate units.
C. Timing of Construction. All moderate income units shall be
constructed and occupied concurrently with or prior to the construction
and occupancy of market-rate units of the development. In phased developments,
moderate income units may be constructed and occupied in proportion
to the number of residential units in each phase of the residential
development.
D. Duration of Affordability Requirement. Moderate income units
built under this chapter shall be legally restricted to occupancy
by moderate-income households for at least 90 years, pursuant to and
in conformance with the City's Affordable Housing Policies and Procedures.
(Ord. 5890, 2019; Ord. 5954, 2020)
A. Generally. The submittal of a Moderate Income Housing Plan
and recordation of an approved City affordability control covenant
shall be a precondition on the City issuance of a building permit.
B. Required Plan Elements. A Moderate Income Housing Plan shall
include the following elements or submittal requirements:
1. The number, location, structure (attached, semi-attached, or detached),
and size of the proposed market-rate units and moderate income units
and the basis for calculating the number of moderate income units;
2. A floor or site plan depicting the location of the moderate income
units and the market-rate units;
3. The income levels to which each moderate income unit will be made
affordable;
4. The methods to be used to advertise the availability of the moderate
income units and select the eligible tenants, including preference
to be given, if any, to applicants who live or work in the City in
conformance with the City's Affordable Housing Policies and Procedures;
5. For phased development, a phasing plan that provides for the timely
development of the number of moderate income units proportionate to
each proposed phase of development as required by Section 30.150.130.C,
Timing of Construction; and
6. Any other information reasonably requested by the Community Development
Director to assist with evaluation of the Plan under the standards
of this chapter.
C. Affordability Control Covenants. Prior to issuance of a building
permit, the City affordability control covenant shall be approved
and executed by the Community Development Director, executed by the
applicant/owners, and recorded against the title of any rental housing
project that includes one or more moderate income units.
(Ord. 5890, 2019; Ord. 5954, 2020)
A. An
applicant may request a waiver, adjustment, or reduction of the requirements
of this chapter only upon a showing that strict application of its
requirements would effectuate an unconstitutional taking of property
or otherwise have an unconstitutional application to the property.
B. Requests
for waiver, adjustment, or reduction must be submitted in writing
to the Community Development Director, together with supporting documentation,
concurrently with the application submittal.
C. In
making a determination on an application for waiver, adjustment, or
reduction, the applicant shall bear the burden of presenting substantial
evidence to support the claim. The City may assume each of the following
when applicable:
1. That the applicant will provide the most economical affordable units
feasible, meeting the requirements of this chapter and the City's
Affordable Housing Policies and Procedures; and
2. That the applicant will benefit from the incentives for project as
described in this chapter and elsewhere in the Zoning Ordinance.
D. Requests
shall be acted upon by the Community Development Director within a
reasonable time, taking into account the amount and complexity of
the relevant information and evidence. The Community Development Director
may conduct a public hearing on the matter, or refer the request for
recommendations or action by the Planning Commission or City Council.
The waiver, adjustment or reduction may be approved only to the extent
necessary to avoid an unconstitutional result, after adoption of written
findings, based on substantial evidence, supporting the determinations
required by this section.
(Ord. 5890, 2019; Ord. 5954, 2020)