The purpose of this Chapter is to set forth requirements for replacement of residential units to ensure compliance with State law, including, but not limited to, the Housing Crisis Act of 2019, Government Code 66300 et seq.
(Added by Ord. No. 2792CCS, 10/8/2024)
A. 
Except as provided in subsection B, below, the replacement unit requirements of this Chapter shall apply to any development project that will require demolition of one or more residential dwelling units.
B. 
Notwithstanding subsection A, above, the replacement unit requirements of this Chapter shall not apply to a development project that will require demolition of one or more residential dwelling units if any of the following conditions are met:
1. 
The development project meets one of the conditions set forth in Government Code Section 66300.6(1)(C); or
2. 
The development project:
a. 
Does not involve new construction; and
b. 
Would not result in the reduction of protected units.
(Added by Ord. No. 2792CCS, 10/8/2024)
A. 
All projects shall comply with all applicable residential unit replacement requirements, including, but not limited to, replacement unit requirements set forth in the Housing Crisis Act of 2019, Government Code Section 66300.6, and State Density Bonus law Government Code Section 65915.
B. 
For purposes of Government Code Section 65915(c)(3)(C), for any dwelling unit that is or was, within the five-year period preceding the application for a development project, subject to Santa Monica City Charter Article XVIII, the City's Rent Control Law, and that is or was occupied by persons or families above lower income, the units shall be replaced in compliance with the Rent Control law. This requirement is exclusive of obligations under Chapter 9.64 and units to qualify for State Density Bonus Law.
C. 
Relationship to Other Laws and Requirements.
1. 
State Density Bonus Law. Protected units replaced pursuant to the Housing Crisis Act of 2019 or State Density Bonus Law shall be considered in determining whether the housing development project satisfies the requirements of Chapter 9.22, Density Bonus, and State Density Bonus Law, Government Code Section 65915.
2. 
Affordable Housing Production Program.
a. 
Protected units replaced pursuant to the Housing Crisis Act of 2019 or State Density Bonus Law shall be considered in determining whether the development project satisfies the requirements of Chapter 9.64, Affordable Housing Production Program.
b. 
When determining income level for required deed restricted units, the requirements of this Chapter shall be met prior to ensuring compliance with requirements of Section 9.64.020.
c. 
In the event of a conflict between the on-site requirements set forth in Section 9.64.020 and the requirements of this Chapter, the replacement unit replacements in this Chapter shall control.
(Added by Ord. No. 2792CCS, 10/8/2024)