Loading...
HomeMy WebLinkAboutLCPA 95-01; Affordable Housing II; Local Coastal Program Amendment (LCPA) (11)-- A DATE: OCTOBER 28,1992 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT SUBJECT: ZCA 91-05 CITY OF CARLSBAD - DENm BONUS - An Amendment to the Carlsbad Municipal Code (Title 21) by the addition of Chapter 21.86 to establish requirements for the reservation and affordability of housing units for Lower-Income and Moderate-Income Households and Senior Citizens in residential projects under a Citywide Density Bonus Program. That the Planning Commission ADOPT Planning Cornmission Resolution No. 3422 recommending APPROVAL, of the Negative Declaration issued by the Planning Director and ADOPT Planning Commission Resolution No. 3423 recommending APPROVAL, of ZCA 91-05, based on the findings contained therein. II. PRWCX DESCRWII ON AND BACKGROUND Program 3.7.a. of the City's Housing Element (October 22, 1991), specifies that the City shall adopt an Ordinance which implements State Government Code Sections 65915, and 65915.5 (State Density Bonus Law). Government Code Section 65915 requires the City to grant either: (1) a minimum of a 25 percent density bonus over the othenvise maximum allowable residential density, and at least one additional incentive (Le.; (a) the reduction of site development standards, or, architectural design requiremem, @) approval of mixed use zoning, (c) an additional density bonus above the minimum 25%), (d) other regulatory incentives which result in identifiable cost reductions) or (2) other in-lieu incentives of equivalent financial value (based upon the land cost per dwelling unit), in retum for a developer guaranteeing that a residential project will reserve either 20% of the total units as affordable to low-income households, or 10% of the total units as affordable to very low-income households, or 50% of the total units for qualified (senior) residents. ZCA 9145 - OF CkdSBAD DENSlTYBONUS OCXlBER~1993 PAGE 2 Government Code Section 65915.5 (relating to condominium conversions) requires the City to either (1) grant a minimum of a 25% density bonus over the number of apartment units within an existing apartment project which is proposed for conversion or (2) provide other incentives of equivalent financial value (i.e.; the reduction or waiver of requirements which the City might otherwise apply as conditions of condominium conversion approval), in retum for a developer guaranteeing to reserve either: 33% of the converted condominium units of the proposed condominium project for low or moderate-income households, or 15% of the total units of the proposed condominium project for lower income households. The primary objective of State Density Bonus Law is to require local govemments to offer the private sector sufficient economic incentives to encourage and enable the development of affordable housing. This State Law differs somewhat from the City's proposed Inclusionary Ordinance, which mandates that affordable housing be provided by the private sector without guarantee of any City incentives. This project is a Zone Code Amendment (ZCA 91-05) to the Carlsbad Municipal Code, (Title 21) to establish a Citywide Density Bonus Ordinance (Chapter 21.86), consistent with the above mentioned sections of State Code. A draft of the Density Bonus Ordinance was distributed at a Planning Commission workshop on July 15,1992. Since that workshop, the draft ordinance has been revised. In order to clarify for the Planning Commission what those specific revisions are, the draft ordinance is in a strike-outhighlight format. Text to be deleted is in a strike-out type; new text is in highlighted type. Prior to taking the draft ordinance forward to the City Council, it will be cleaned up to remove the strike outbigfight format. In that many of the sections of the Density Bonus Ordinance are substantially the same sections that are included within the proposed new Inclusionary Housing Ordinance (See Table-1 ), reference should be made to the Inclusionary Housing Program staff report for discussion of those particular sections. Included herein is a brief synopsis of those sections or provisions of sections of the proposed Density Bonus Ordinance which vary from the rnclusionary Ordinance. Refer to Exhibit 'X" to review in detail all definitions and text additions of the proposed Density Bonus Ordinance. ZcA9145-QIyOpCt~~h&D DENmBoNus ocloBeR2&1992 PAGE 3 TABLE - 1 21.86.060 21.86.070 21.86.080 21.86.090 21.86.100 21.86.1 10 21.86.120 21.86.130 21.86.140 21.86.150 21.86.160 21.86.170 21.86.180 PlanninF Issues 21.85.160 21.85.120 21.85.130 21.85.140 21.85.150 21.85.170 21.85.180 21.85.190 21.85.200 21.85.210 21.85.220 21.85.230 21.85.240 1. 2. 3. 4. 5. 6. 7. What is the minimum-sized residential project (number of units) which may qualify for a 25% density bonus and additional incentive? What is the methodology for calculating the required number of density bonus units and affordable units? Are density bonus units and/or affordable units permitted to be located offsite? What economic incentives is the City obligated to provide a project which is approved under Density Bonus Law? What an the density bonus housing standards regarding: (1) tenure of affordability, and (2) location of units? What standards shall apply to a project which is subject to the Inclusionary Ordinance and also requests a Density Bonus? Is the proposed Zone Code Amendment consistent with the various elements of the General Plan? c DISCUSSION Section 21.86.010 purpoSe and intent. - This section includes specific Objective and Program statements from the City's Housing Element relative to the City's commitment to adopt an Ordinance which implements State Density Bonus Law and to promote housing opportunities for lower-income, moderate-income and senior households. Section 21.86.020 Wtiuns. - This section proposes several new definitions for new tenns which are included within the Density Bonus Chapter of Title 21. This section also duplicates a number of terms and definitions which are proposed under ZCA 91-06 (Inclusionary Ordinance). The new terms include the following: Additional Incentives, Affordable Housing (Density Bonus), Housing Development, In-Lieu Incentives, Incentives, Maximum Allowable Residential Yield, Partial Density Bonus, Density Bonus Dwelling Units, Qualifying Resident, and Target Dwelling Unit. The majority of the new terms and definitions are taken directly from State Law. One new term, "Maximum Allowable Residential Yield", means the maximum number of residential units permitted on a project site and is calculated by multiplying the net developable acreage of a site times the Growth Management Control Point of that site. Any density bonus units granted would be in addition to those achievable under the Maximum Allowable Residential Yield for a site. Section 21.86.030 Regulatiolls for new residential CoIlStNctl *on. - This section establishes the regulations and requirements for residential development applications for new residential projects processed under the Density Bonus Ordinance. The City shall be required to grant either: a 25% density bonus at least one additional incentive a in- lieu incentives of equivalent financial value (based upon the land cost per dwelling unit) to an applicant who agrees to construct and reserve as affordable housing either: 1) 10% of the units for very low-income households; a 2) 20% of the units for low-income households; ~f 3) 50% of the total units for senior households. The other key provisions of this section are described below. IbImnmmsizeQfResidentlal project - Consistent with State Density Bonus Law, in order to qualify for a 25% density bonus and an additional incentive or in-lieu incentives, a residential project must be at least 5 units in size (excluding the density bonus units). .. k 8. DedtyBm~~Cddath~ - State Government Code Section 65915(f) mandates that the base density for calculating a density bonus is,... "the otherwise maximum allowable residential density under the applicable zoning ordinance and land use dement of the general plan...". Accordingly, Section 21.86.030 of this ordinance specifies that the number of density bonus dwelling units to be granted is equal to the product of the Maximum Allowable Residential Yield of the project site times .25. It is important to understand that "density bonus", as defmed by State Law, means that a density increase of "at least" 25% must be provided. Since State Law 1 ZCA 9145 - OP DENSlTY w)MJs PAGE 5 -BER-1992 C. only establishes a minimum density bonus stanud (25%) for local programs, a developer of affordable housing may request a density bonus greater than 25%. Any density bonus granted above 25% shall be considered as an additional incentive as defined within this Ordinance. In that State Law also specifies that the City shall provide a density increase of "at least" 25%, it has been interpreted by the State Department of Housing and Community Development (HCD) that any resulting fraction of a density bonus unit shall be rounded up and counted as a whole unit. Number of Req\rired Af€ordable Units - The methodology for calculating the number of required affordable units under Density Bonus Law, is similar to the method used for calculating the required number of density bonus units (Mhum Allowable Residential Yield) times .10 (very-low), or .20 (low), or .SO (senior)), with the exception that the calculation is based upon the Maximum Allowable Residential Yield of the project prior to the addition of any bonus Units. As illustrated in the following example, of the six (6) bonus units required to be granted, only five (5) are required to be restricted to low-income households. It appears to be the intent of State Law that the purpose of the one bonus market-rate unit which this project would be granted is to help the developer to finance the 5 required affordable units. General Plan Designation: Permitted Density: Prom Size: ~ ~~ Maximum Units at Permitted Density: Density Bonus Units at 25% (23 DU x 1.25 = 28.75); round UP: Required Affordable Units at 20% Low-Income (23 DU x .20 = 4.6): round UP: Total Project Units: - 11.5 DU/AC 2Acres B 23 Units I 29 Units I 24 Market Rate Units 5 Low-Income units 29 Total Units I Because State Density Bonus Law specifies that any density bonus granted shall be in addition to the maximuxu density permitted undex the!. General Plan (the City's Growth Management Control Points), it is important to understand that any bonus units granted would need to be withdrawn from the City's Excess Unit Bank. In addition, because State ZCA 91-05 - OF DENSTYBONUS PAGE 6 OClXlBER28.1992 Density Bonus Law requires the provision of economic incentives (density bonuses) in exchange for affordable units, that between 20% and 60% of the bonus units granted (withdrawn from the Excess Unit Bank) would be permitted to be developed as market rate units. As an example, a 25% density bonus added to a property which could achieve, by right, 100 units would yield 125 total units (100 X 1.25 = 125 DU's). Ofthe 25 bonus units, either 10 (100 X 10%) or 20 (100 X 20%) would be required to be reserved for low or very low income households, respectively. The balance of the bonus units, either, 15/25 (60%) or 5/25 (2046) would be market rate units. Under the proposed Ordinance, and consistent with State guidelines for density bonuses, any resulting decimal fraction of an affordable dwelling unit shall be counted as a whole unit. Won 21.86.040 Regulations for condominium eOIIVefSiOILS, - State Density Bonus Law (Government Code Section 65915.5) also applies to condominium conversions. This section establishes the regulations and requirements for condominium conversions processed under the Density Bonus Ordinance. The City shall be required to grant eithw a 25% density bonus or in-lieu incentives of equivalent financial value (based upon the land cost per dwelling unit) to an applicant proposing to convert apartments to condominiums who agrees to reserve as affordable either: 1) 33% of the units for low or moderate-income households; 3 2) 15% of the units for lower-income households. The other key provisions of this section are described below. A Density Bonus Calculation. -Consistent with Government Code Section 65915.5, the number of density bonus dwelling units to be granted would be equal to the number of existing, apartment units within an apartment project, multiplied by .25. While it may not be feasible to add the density bonus to an existing apartment project, State Law, and therefore, the Density Bonus Ordinance would allow the bonus units to be developed on a separate site controlled by the applicant. It is more likely that an applicant pursuing a condominium conversion under the Density Bonus Ordinance, would request from the City other incentives of equivalent financial value, instead of a density bonus. A financial incentive, such as modifications of development standards (modifying standards of the Planned Development Ordinance), would enable an existing apartment project to be converted to a condominium. Any resulting decimal fraction of a density bonus unit would be counted as a whole unit. B. Number ofreqrrired -bl& units. -The methodology for calculating the number of required affordable units, is similar to the means for calculating the number of required bonus units (number of existing apartment units times .33 low/ moderate, or .15 lower income). Any resulting decimal fraction of an affordable dwelling unit would be counted as a whole unit. c ZCA91-06-UWoP~ DEN= BONUS -28.1992 PAGE 7 !kticm 21.86.060 (banbmd density bonus busing pmjects - State Density Bonus Law, Section 659150 speciiies that "the density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower-income households are located". This section of State Law goes on to define housing development as "one or more groups of projects for residential units constructed in the planned development of a jurisdiction". Consistent with this wording, Section 21.86.050, Combined Density Bonus Housing Projects would allow income restricted target dwelling units and non-income restricted density bonus units to be produced and operated at a second site (through a Combined Density Bonus Housing Project). This section of the Density Bonus Ordinance is similar to Section 21.85.110 - Combined Inclusionary Housing Project of the Indusionary Ordinance with the exception that through a Combined Density Bonus Housing Project, non-income restricted density bonus units would be allowed to be transferred to another site. section 21.86.060 Density bornrs, eqrriralent in-lim iIEem=# andadditionalinc+mtiv;pn_- This section identifies what economic incentives the City is obligated to provide a project which is approved under the proposed Density Bonus Ordinance. It is important to understand that State Law does not require that a project be approved just because it complies with density bonus requirements. However, a housing development which seeks and qualifies for a density bonus and additional incentives, or in-lieu incentives, cannot be approved without granting the density bonus and incentive or in-lieu incentives. In addition to providing a minimum 25% density bonus, the City shall provide at least one additional incentive, which may include, but not be limited to the following: 1) Modification of development standards, Le.; street widths, structural setbacks, parking requirements, minimum lot sizes, open space/recreational requirements or landscaping. 2) Reduction or elimination of design requirements which exceed State building codes, including restrictions on roofing materials. 3) Mow non-residential uses to be developed in conjunction with residential uses if the mixed use project would reduce the cost of the target units. 4) Provide other concessions which will result in identifiable cost reductions, i.e.; additional density bonus, or direct financial aid (subsidized permit fees, redevelopment set aside funds, or Community Development Block Grant funds), subsidizing infrastructure, land costs or construction costs. Section 65917 of State Law places the burden on the City for the additional incentive to "contribute significantly to the economic feasibility of lower-income housing in propod housing developments". This means that the incentives must directly affect the financial feasibility of including the target units in proposed projects. The additional incentive must be provided by the City unless the City makes a Written finding that the additional incentive is not required to make the target units affordable. In this situation, the City would assume the burden of establishing that the project, with the affordable units, would be feasible without the incentive. tf the City chooses not to offer a 25% density bonus, then the City shall offer in-lieu incentives of equivalent financial value (based upon the land cost per dwelling unit). These in-lieu incentives could include, but are not limited to the additional incentives discussed above. Whatever incentives are granted, it is important that the incentives be regarded as sufficiently compelling to motivate incorporating affordable units within projects. tn theory, the benefits of the incentive(s) should balance the long-term (30 year) use and income restrictions on the affordable units. Section 21.86.070 Wty bonus housing standards. A Tewre of Af€urdab%ty - Consistent with State Law, when the City grants both a density bonus and an additional incentive, or in-lieu incentives of equivalent financial value in the form of direct financial contributions, the target units must be maintained as affordable for a minimum period of 30 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. If only a density bonus is granted, without an additional incentive, or in-lieu incentives, other than direct financial contributions are granted, affordability of the target units is required for a minimum of 10 years. Section 65915.5 of Government Code specifies, with respect to condominium conversions, processed under State Density Bonus Law, that the City may place such reasonable conditions on the granting of a density bonus, including, " ... conditions which assure continued affordability of units to subsequent purchasers". In accordance, it is recommended that all target units, created through condominium conversion, shall be reserved as affordable for a minimum period of 30 years. B. heath stzmdard fbr Mble units. - While State Density Bonus Law would allow density bonus units and/or affordable kits to be developed on a site separate from the market rate units, the Density Bonus Ordinance includes affordable housing location standards applicable to all projects, with the highest priority being, 'location within the same project site of the proposed market rate units". While all residential projects shall be tasked to comply with this location standard, master and specific plan areas in particular, because they include large tracts of land, often under single ownership, should be more able to provide a comprehensive affordable housing solution, which incorporates integration of required affordable units. ZCA 91-05 - ClTy OP DENSITYBONUS (XXN3ER28p1992 PAGE 9 This section of the Density Bonus Ordinance also requires that master and specific plan developers proposing to satisfy Citywide Inclusionaxy requirements through requesting a density bonus, shall be required to provide an affordable housing proposal which disperses the target units throughout the master/specific plan area. This standard is recommended to emphasize the Civs objective of fully integrating affordable units with market rate units. It is however, important to understand that in the interest of providing prospective developers of affordable housing with sufficient flexibility to achieve the affordable units, this Ordinance would allow Combined Density Bonus Housing Projects (Section 21.86.050) to be pursued. This section also clarifies that while a developer may request to process a residential project pursuant to the standards and requirements of the Density Bonus Ordinance, all residential projects within the City are subject to and must satisfy all requirements of the Inclusionary Ordinance (Chapter 21.85). For example, a developer requesting a 25% density bonus and no additional incentives (under Density Bonus Law this would require a 10 year affordability tenure) in exchange for resenring 10% of the units for very low-income households or 50% of the units for senior households would still have an obligation under the Inclusionary Ordinance to provide 15% of the project's base units as affordable to a low-income household, for a minimum tenure of 30 years. The Citfs proposed Inclusionary Ordinance mandates that affordable dwelling units be produced (15% low income) without a guarantee of any City economic incentives. State Density Bonus Law Men from the Citfs proposed Inclusionary Ordinance in that it requires local governments to offer economic incentives (i.e.; 25% density bonus and an additional incentive or in-lieu incentives) to private develop to encourage and enable the production of affordable housing (either 10% very-low income, or 20% low income or 50% senior). As discussed der, a developer may request to process a residential application under the proposed Density Bonus Ordinance. Consistent with the proposed ordinance, the developer would be entitled to a density bonus and an additional incentive in exchange for reserving a percentage of the total units as affordable or for senior households. However, since all residential projects within the City shall be subject to inclusionary requirements (i.e.; 15% of the base units of a project reserved as affordable to low-income households for a minimum tenure of 30 years), any ddoper proposing to satisfy inclusionary requirements through use of the Density Bonus Ordinance, shall be subject to the minimum standards and requirements of the Inclusionary Ordinance. Otherwise, where there is a codkt in requirements between the two ordinances9 the more restricted requirement shall apply. The Housing Element of the General Plan sets forth a goal, objective and program which are supported by the proposed Density Bonus Ordinance, including the following: GOAL 3 - (Groups with Special Needs, Including Low and Moderate Income Households) Sufficient new, &ordable housing opportunities in all quadrants of the City to meet the needs of groups, with special requirements, and, in particular, the needs of current lower and moderate income households and a fair share proportion of hture lower and moderate income households. omm 3 .7 - (Lowe!r Income Development and Incentives) provide incentives, housing type alternatives, and City initiated developments and programs for the assistance of lower-income households. PROGRAM 3.7~ - (Density Bonus) Develop an ordinance that implements Government Code Section 6913.4 and 65915. (Density Bonus) These sections require the City to grant a minimum of a 25 percent bonus over the otherwise allowed density, AND one or more additional economic incentives or concessions that may include but are not limited to: fee waivers, reduction or waiver of development standards, in-kind infrastructure improvements, an additional density bonus above the minimum 25 percent, mixed use development, or other finanad contributions in return for the developer guaranteeing that the project will restrve a minimum of 50 percent of the units for senior or other special need households, or 20 percent of the units for low-income households or 10 percent of the units for very-low income households. These units must ranain affordable for a period of 30 years. Under the city's program each project should enter into an agreement with the City and this agreement will be monitored by the Housing and Reddopment Department for compliance. Consistent with the intent of this goal, objective, and program, the proposed Density Bonus Ordinance would: 1) provide for affordable housing opportunities for lower-income, moderate-income and senior households; 2) provide incentives for the assistance of lower- income households; and 3) satism the City's commitment to develop an ordinance that implements Government Code Sections 65915455917. ZCA 91-05 - QTY OF DENSTY BONUS PAGE 11 -BER2&1992 tn that this zone code amendment implements this goal, objective and program of the City's Housing Element, it is consistent with the General Plan. SUMMARY In summary, since the proposed Density Bonus Ordinance is consistent with the various elements of the General Plan and implements State Govemment Code Sections 65915 - 65917, staff recommends approval of ZCA 91-05. Iv. E"MENTALREvIEw The Planning Director has determined that this zone code amendment, to add a Density Bonus Chapter to Carlsbad's Zoning Ordinance, will not have a Sisnificant impact on the environment and therefore has issued a Negative Declaration on June 25, 1992. The environmental analysis concluded that since: (1) this zone code amendment is not associated with any specific development project; (2) will not directly result in any significant physical, biological or human environmental impacts, and that; (3) any future residential development processed pursuant to the Density Bonus Program shall be required to undergo detailed environmental review, no project specific impacts are anticipated. There were no letters of comment received during the public review period for this Negative Declaration. A'ITACH MEWS 1. 2. 3. Government Code Sections 65915-65917. Planning Commission Resolution No. 3422 Planning Commission Resolution No. 3423 CDD:lun:Vd:lh July 16,1992