The purpose of this Section is to promote the public health,
safety, and welfare by supporting the development of housing that
is affordable to households earning between 80% and 120% of area median
income. The intent of this Section is to accommodate moderate income
housing (MHO) projects through increases in density, height, and relaxation
of certain other zoning limitations for residential developments in
which all units are made affordable to households earning between
80% and 120% of area median income; to incentivize the reuse of existing
buildings in order to create MHO Projects; to enable the feasibility
of MHO projects by allowing flexibility in unit mix and unit size
in exchange for greater common area living space; to enable MHO Projects
to be permitted by right; and to apply such standards within the MHO
area, to support the Housing Element's goals of supporting economic
sustainability by creating housing that accommodates an additional
segment of the workforce, and achieve greater socioeconomic diversity.
(Added by Ord. No. 2742CCS §
2, adopted April 11, 2023; amended by Ord. No. 2792CCS, 10/8/2024)
means an overlay zoning district that sets forth modified
development standards within this Chapter for residential developments
Citywide, except for parcels within the Single-Unit Residential (R1)
zoning district, and in which all units are made affordable to households
earning between 80% and 120% of area median income.
means a dwelling unit, as defined by Section 9.52.020.0730, except that for purposes of this Chapter a dwelling unit shall be a minimum of 250 square feet in size, if the dwelling unit is located within a MHO Project for which occupancy is restricted to a MHO Eligible Household.
means a household whose gross income exceeds the maximum
income for an 80% income household and whose gross income does not
exceed 120% of the area median income, adjusted for household size,
as published and periodically updated by California Department of
Housing and Community Development.
means a multiple-unit dwelling project consisting of MHO
Dwelling Units subject to the standards and restrictions set forth
in this Chapter. A MHO Project may contain up to: (1) 33% of the project's
total floor area as market rate dwelling units and/or nonresidential
uses that are otherwise permitted in the base zoning district; and
(2) no more than 25% of the total number of units as market rate units.
(Added by Ord. No. 2742CCS §
2, adopted April 11, 2023; amended by Ord. No. 2792CCS, 10/8/2024)
A.
The provisions set forth in this Section shall apply to MHO Projects
within the MHO.
B.
A MHO Project shall be permitted by-right if it meets all standards
set forth in this Chapter in place of the requirements otherwise applicable
in the underlying zoning district. Any development not meeting all
of the standards set forth in this Chapter shall be subject to the
requirements otherwise applicable in the underlying zoning district.
C.
A MHO Project pursuant to this Section shall not include any alteration
or demolition of any of the following types of housing:
1.
Deed restricted affordable housing;
2.
Rent-controlled housing or housing subject to any form of price control,
including, but not limited to, units subject to the California statewide
rent control law and Article XVIII of the Santa Monica Charter, the
City's rent control law;
3.
Housing occupied by a tenant in the last three years; or
4.
Housing on parcels with an Ellis Act eviction in the last 15 years
from date of application submittal.
(Added by Ord. No. 2742CCS §
2, adopted April 11, 2023; amended by Ord. No. 2792CCS, 10/8/2024)
An MHO project shall be processed pursuant to Chapter 9.39, Administrative Approval.
(Added by Ord. No. 2792CCS, 10/8/2024)
MHO dwelling units shall be exempt from Chapter 9.64, Affordable Housing Production Program, except for the following sections:
(Added by Ord. No. 2742CCS §
2, adopted April 11, 2023; amended by Ord. No. 2792CCS, 10/8/2024; )
MHO projects shall conform to the development standards of the
underlying zoning district except as modified by this Section.
A.
Building Height. Projects shall receive a height increase
of up to 33 feet above maximum building height for the underlying
zone district.
B.
Residential Density Bonus. Projects shall be allowed
to request up to a 50% density bonus.
E.
Open Space.
F.
Minimum Off-Street Parking. MHO projects shall not have
minimum off-street parking requirements.
G.
Transportation Demand Management. In addition to those required by Chapter 9.53, Transportation Demand Management, an MHO project shall include the following transportation demand management measures:
1.
A transportation allowance equivalent to at least 75% of the cost
of a monthly regional transit pass, in accordance with Section 9.53.130(B)(2)(c)(iv).
2.
Free on-site shared bicycles intended for resident and guest use.
This shall be optional if Citywide bikeshare is available within a
two-block radius of the project site.
H.
Air Quality Assessment Zone. MHO projects within the
Air Quality Assessment Zone shall be required to prepare a technical
memorandum that describes the effectiveness of design features to
reduce exposure to diesel particulate matter (DPM) as a part of the
early project design process. Such memorandum shall be submitted at
the time of project application and shall be subject to review and
approval by the Director prior to project approval.
(Added by Ord. No. 2742CCS §
2, adopted April 11, 2023; amended by Ord. No. 2792CCS, 10/8/2024;)
