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HomeMy WebLinkAbout2014-03-11; City Council; CS-242; Density Bonus Regulations ZCA 13-01...1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 2 ORDINANCE NO. CS-242 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE TO MAKE THE CITY'S REGULATION OF DENSITY BONUSES CONSISTENT WITH STATE AND CASE LAW. CASE NAME: DENSITY BONUS REGULATIONS CASE NO.: ZCA 13-01/LCPA 13-02 The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That Section 21.45.030A.1 of the Carlsbad Municipal Code is amended to read as follows: 1. "Condominium project" means a common interest development defined by Section 4100 of the California Civil Code, and which consists of two or more attached or detached dwelling units on one lot. SECTION 2: That Section 21.47.020 of the Carlsbad Municipal Code is amended to read as follows: 21.47.020 Nonresidential planned development permit. The city council, planning commission or city planner, as provided in this chapter, may approve a permit for a nonresidential planned development in any industrial, commercial or office zone, or combination of zones subject to the requirements thereof except as they may be modified in accord with this chapter. The application for a nonresidential planned development shall state whether the applicant intends to develop the project as a planned unit development, condominium project or stock cooperative project. For purposes of this chapter, a planned unit development is defined by Section 11003 of the Business and Professions Code of the state and a condominium project is defined by Section 4100 ofthe California Civil Code. SECTION 3: That Section 21.86.010.D of the Carlsbad Municipal Code is amended to read as follows: D. It is the purpose of this chapter to implement Sections 65915 through 65918 ofthe California Government Code. SECTION 4: That Section 21.86.020 of the Carlsbad Municipal Code is amended to read as follows: /// 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21.86.020 Definitions. A. Whenever the following terms are used in this chapter, they shall have the meaning established by this section: 1. "Affordable housing" means housing for which the allowable housing expenses paid by a qualifying household shall not exceed a specified fraction of the county median income, adjusted for household size, as follows: a. Extremely low-income, rental and for-sale units: the product of thirty percent times thirty percent of the county median income, adjusted for household size. b. Very low-income, rental and for-sale units: the product of thirty percent times fifty percent of the county median income, adjusted for household size. c. Low-income, rental units: the product of thirty percent times sixty percent ofthe county median income, adjusted for household size. d. Low-income, for-sale units: the product of thirty percent times seventy percent ofthe county median income, adjusted for household size. e. Moderate-income, for-sale units: allowable housing expenses shall not be less than twenty-eight percent of the gross income of the household, nor exceed the product of thirty-five percent times one hundred ten percent ofthe county median income, adjusted for household size. 2. "Allowable housing expense" means the total monthly or annual recurring expenses required of a household to obtain shelter. For a for-sale unit, allowable housing expenses include loan principal and interest at the time of initial purchase by the homebuyer, allowances for property and mortgage insurance, property taxes, homeowners' association dues and a reasonable allowance for utilities as defined by the Code of Federal Regulations (24CFR982). For a rental unit, allowable housing expenses include rent and a utility allowance as established and adopted by the city of Carlsbad housing authority, as well as all monthly payments made by the tenant to the lessor in connection with use and occupancy of a housing unit and land and facilities associated therewith, including any separately charged fees, utility charges, or service charges assessed by the lessor and payable by the tenant. 3. "Child day care center" shall have the same meaning as defined in Section 21.83.020(D) of this title. 4. "Common interest development" means any of the following (as defined in Section 4100 ofthe California Civil Code): a. A community apartment project; b. A condominium project; c. A planned development; d. A stock cooperative. 5. "Conversion" means the change of occupancy of a dwelling unit from owner-occupied to rental or vice versa. 6. "Density bonus" means an increase over the maximum allowable residential density as specified by the land use element ofthe general plan in effect at the time of application submittal. -2- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. "Density bonus dwelling units" means those residential units granted pursuant to the provisions of this chapter, which are above the maximum allowable residential density ofthe project site. 8. "Density bonus housing agreement" means a legally binding agreement between a developer and the city to ensure that the density bonus requirements of this chapter are satisfied. The agreement establishes, among other things, the number of target dwelling units and density bonus dwelling units, the unit sizes, location, affordability tenure, terms and conditions of affordability and unit production schedule. 9. "Development standard" means a site or construction condition/requirement that applies to a housing development pursuant to any ordinance, general plan element, master or specific plan, or other city requirement, law, policy, resolution or regulation. A "development standard" may include, but is not limited to a height limitation, a setback requirement, a floor area ratio, an onsite open space requirement or a parking ratio. 10. "Extremely low-income household" means those households whose gross income is equal to or less than thirty percent of the median income for San Diego County as determined annually by the U.S. Department of Housing and Urban Development. 11. "Housing development" means a development project for five or more residential units, including the following: a. A subdivision or common interest development consisting of residential units or unimproved lots; or b. A project to either substantially rehabilitate and convert an existing commercial building to residential use; or c. A project to substantially rehabilitate an existing two-family or multiple-family dwelling structure(s), where the rehabilitation results in a net Increase to five or more available residential units. 12. "Incentives or concessions" means such regulatory incentives or concessions as stipulated In California Government Code Section 65915(k), to include, but not be limited to, the reduction of site development standards or zone code requirements, approval of mixed use zoning in conjunction with the housing project, or any other regulatory incentive which would result in identifiable, financially sufficient, and actual cost reductions to enable the provision of housing affordable to the designated income group or qualified (senior) resident. 13. "Income" means any monetary benefits that qualify as income in accordance with the criteria and procedures used by the city of Carlsbad housing and neighborhood services department for the acceptance of applications and recertifications for the tenant based rental assistance program, or its successor. 14. "Low-income household" means those households whose gross income is more than fifty percent but does not exceed eighty percent of the median income for San Diego County as determined annually by the U.S. Department of Housing and Urban Development. 15. "Lower-income household" means low-income, very low-income and extremely low-income households, whose gross income does not exceed eighty 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 percent of the median income for San Diego County as determined annually by the U.S. Department of Housing and Urban Development 16. "Market-rate unit" means a dwelling unit where the rental rate or sales price is not restricted either by this chapter or by requirements imposed through other local, state or federal affordable housing programs. 17. "Maximum allowable residential density" means the maximum density of the density range allowed by the residential general plan land use designation(s) applicable to a project site. All environmentally constrained lands Identified as undevelopable in the general plan, local coastal program, and zoning ordinance shall be excluded from the total area of the project site when calculating maximum density. 18. "Moderate-Income household" means those households whose gross income is more than eighty percent but does not exceed one hundred twenty percent of the median income for San Diego County as determined annually by the U.S. Department of Housing and Urban Development. 19. "Qualifying resident" means a resident as defined in Chapter 21.84 of this title and Section 51.2 ofthe California Civil Code. 20. "Target dwelling unit" means a dwelling unit that will be offered for rent or sale exclusively to and which shall be affordable to the designated Income group or qualified (senior) resident, as required by this chapter. 21. "Total units" means the number of dwelling units in a housing development, excluding the density bonus dwelling units awarded pursuant to this chapter or any other local ordinance granting a greater density bonus. 22. "Very low-income household" means a household earning a gross income equal to fifty percent or less of the median Income for San Diego County as determined annually by the U.S. Department of Housing and Urban Development. SECTION 5: That Section 21.86.030 of the Carlsbad Municipal Code is amended to read as follows: 21.86.030 Inclusionary Housing. A. All housing development projects are required to provide affordable housing units in accordance with Chapter 21.85 (Inclusionary Housing) of this title. If an applicant seeks to construct affordable housing to qualify for a density bonus in accordance with the provisions of this chapter, those affordable dwelling units provided to meet the Inclusionary requirement established pursuant to Chapter 21.85 of this title shall be counted toward satisfying the density bonus requirements of this chapter. SECTION 6: That Section 21.86.040.B.1.C ofthe Carlsbad Municipal Code Is amended to read as follows: c. For housing developments meeting the criteria of subsection (A)(3) of this section, the density bonus shall be twenty percent of the number of senior housing units. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 7: That Section 21.86.040.C of the Carlsbad Municipal Code is amended to read as follows: C. When an applicant for a tentative subdivision map, parcel map, or other housing development approval donates land to the city, in accordance with this subsection, the applicant shall be entitled to a density bonus for the entire development, as follows: Table D Density Bonus for Land Donation Percentage of Very Low- Income Units Percentage of Density Bonus to be Granted 10 15 11 16 12 17 13 18 14 19 15 20 16 21 17 22 18 23 19 24 20 25 21 26 22 27 23 28 24 29 25 30 26 31 27 32 28 33 29 34 30 35 1. A density bonus granted pursuant to this subsection shall not exceed thirty-five percent. 9 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. If an applicant seeks both the density bonus pursuant to this subsection and subsection A of this section, both density bonuses shall be granted up to a maximum combined density bonus of thirty-five percent. 3. An applicant shall be eligible for the density bonus described in this subsection only if all ofthe following conditions are met: a. The land is donated and transferred to the city no later than the date of approval of the final subdivision map, parcel map or housing development application. b. The developable acreage, zoning classification and general plan land use designation ofthe land being donated are sufficient to permit construction of the units affordable to very low-income households in an amount not less than ten percent ofthe number of residential units ofthe proposed development. c. The transferred land Is at least one acre in size or of sufficient size to permit development of at least forty units, and has the appropriate: 1) general plan land use designation; 2) zoning classification with appropriate development standards for development at the density described In paragraph (3) of subdivision (c) of Section 65583.2 of the California Government Code, and 3) is or will be served by adequate public facilities and infrastructure. d. The transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the very low- income housing units on the transferred land, not later than the date of approval of the final subdivision map, parcel map, or housing development, except that the city may subject the proposed development to subsequent design review to the extent authorized by subdivision (I) of Section 65583.2 of the California Government Code if the design is not reviewed by the city prior to the time of transfer. e. The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability ofthe units consistent with Section 21.86.100 of this chapter, which shall be recorded on the property at the time of the transfer. f. The land Is transferred to the city or to a housing developer approved by the city. The city may require the applicant to Identify and transfer the land to the developer. g. The transferred land shall be within the boundary of the proposed development or. If the city agrees, within one-quarter mile ofthe boundary of the proposed development. h. Prior to the approval of the final subdivision map, parcel map or housing development application, the developer shall identify a proposed source of funding for the very low income units. SECTION 8: That Section 21.86.040.H of the Carlsbad Municipal Code is amended to read as follows: H. For the purposes of calculating a density bonus, the residential units shall be on contiguous sites that are the subject of one development application in a housing development, but do not have to be based upon individual subdivision maps or parcels. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 9: That Section 21.86.050.A.2 of the Carlsbad Municipal Code is amended to read as follows: 2. The decision-making body shall grant the Incentive(s) or concession(s) requested by the applicant unless, based upon substantial evidence, any of the following findings are made in writing: a. The incentive or concession is not required in order to provide for affordable housing as defined In Section 21.86.020(A)(1) of this chapter. b. The incentive or concession would have a specific adverse impact upon public health and safety or the physical environment, or on any real property that is listed in the California Register of Historical Resources, and for which there Is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. As used in this paragraph, and as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the California Government Code, a "specific, adverse Impact" means a significant, quantifiable, direct and unavoidable Impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. c. The incentive or concession would be contrary to state or federal law. SECTION 10: That Section 21.86.060 of the Carlsbad Municipal Code is amended to read as follows: 21.86.060 Waiver or reduction of development standards. A. In addition to the Incentives or concessions permitted by Section 21.86.050 of this chapter, an applicant may seek a waiver or reduction of development standards that will have the effect of physically precluding the construction of a housing development meeting the criteria of Section 21.86.040(A) of this chapter at the densities or with the incentives or concessions permitted by this chapter. 1. The applicant shall provide evidence that the development standard(s) requested to be waived or reduced will have the effect of physically precluding the construction of a housing development at the densities or with the incentives or concessions permitted by this chapter. 2. A proposal for the waiver or reduction of development standards pursuant to this section shall neither reduce nor increase the number of incentives or concessions to which the applicant Is entitled pursuant to Section 21.86.050 of this chapter. B. The decision-making body shall grant the requested waiver or reduction of development standards, unless, based upon substantial evidence, any of the following findings are made in writing: 1. The development standard(s) requested to be waived or reduced will not have the effect of physically precluding the construction of a housing development at the densities or with the incentives or concessions permitted by this chapter. -7- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. The requested waiver or reduction of development standards would have a specific adverse impact upon public health and safety or the physical environment, or on any real property that is listed In the California Register of Historical Resources, and for which there Is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. As used in this subsection, and as defined in paragraph (2) of subdivision (d) of Section 65589.5 ofthe California Government Code, a "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable Impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. 3. The waiver or reduction of development standards would be contrary to state or federal law. SECTION 11: That Section 21.86.090.G of the Carlsbad Municipal Code Is amended to read as follows: G. Upon the request of the applicant, the parking ratio (Inclusive of handicap and guest parking) for a housing development that conforms to the requirements of Section 21.86.040(A) of this chapter shall not exceed the ratios specified in Table E, below. If the applicant does not request the parking ratios specified in Table E or the project does not conform to the requirements of Section 21.86.040(A) of this chapter, the parking standards specified in Chapter 21.44 of this code shall apply. 1. If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number. 2. For purposes of this section, a housing development may provide "on-site" parking through tandem parking or uncovered parking, but not through on- street parking. 3. The applicant may request parking incentives or concessions beyond those provided in this section, subject to the findings specified in Section 21.86.050(A)(2) of this chapter. Table E Parking Ratio for Housing Developments Dwelling Unit Size On-Site Parking Ratio 0-1 bedroom 1 space per unit 2-3 bedrooms 2 spaces per unit 4 or more bedrooms 2.5 spaces per unit SECTION 12: That Section 21.86.100.B of the Carlsbad Municipal Code is amended to read as follows: B. All moderate-income dwelling units directly related to the receipt of a density bonus for a common interest development shall be subject to the following: -8- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. The initial occupant(s) of the target dwelling unlt(s) shall be persons and families of moderate income, and the units shall be offered at an affordable housing cost that does not exceed the allowable housing expenses for a moderate-income household. 2. Unless In conflict with the requirements of another public funding source or law, the target dwelling unit(s) shall be subject to an equity sharing agreement that specifies: a. Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. b. Upon resale, the city shall recapture any Initial subsidy and its proportionate share of appreciation, which shall then be used within five years for any of the purposes described in subdivision (e) of Section 33334.2 of the Health and Safety Code that promote homeownership. i. For the purposes of this subsection, the city's initial subsidy shall be equal to the fair market value of the home at the time of Initial sale minus the initial sale price to the moderate-income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value Is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value. 11. For the purposes of this subsection, the city's proportionate share of appreciation shall be equal to the ratio ofthe city's initial subsidy to the fair market value of the home at the time of initial sale. 3. If the city provides a direct financial contribution to a common Interest development through participation in cost of infrastructure, write-down of land costs, or subsidizing the cost of construction, the target dwelling unit(s) shall remain affordable to the designated Income group for at least thirty years. SECTION 13: That Section 21.86.110.C.2.f of the Carlsbad Municipal Code is amended to read as follows: f. In the case of a request for a waiver or reduction of development standards, pursuant to Section 21.86.060 of this chapter, evidence that the development standard being waived or reduced will have the effect of physically precluding the construction of the development at the densities or with the concessions or Incentives permitted by this chapter; SECTION 14: That Section 21.86.120.A.3 of the Carlsbad Municipal Code Is amended to read as follows: 3. In cases where an applicant requests a waiver or reduction of development standards, pursuant to Section 21.86.060, the requested waiver or reduction of development standard(s) is necessary to avoid physically precluding the -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 9R construction of a housing development at the densities or with the incentives or concessions permitted by this chapter. SECTION 15: That Section 21.86.120.A.7 of the Carlsbad Municipal Code is added as follows: 7. The requested incentive(s) or concession(s), and/or waiver(s) or reduction(s) of development standards would be contrary to state or federal law. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the city clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. (Notwithstanding the preceding, this ordinance shall not be effective until approved by the California Coastal Commission.) INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 25th day of Februarv 2014, and thereafter. /// /// /// /// /// /// /// /// /// /// •10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 11**^ day of March, 2014, by the following vote, to wit: AYES: Council Members Hall, Packard, Wood and Blackburn. NOES: None. ABSENT: None. APPROVED AS TO FORM AND LEGALITY: CELIA A. BREWER, City Attorney MATT HALL, Mayor ATTEST: SHELLEY COLLINS; Assistant City Clerk (SEAL) CERTIFICATION OF POSTING AND PUBLICATION OF ORDINANCE NOS. CS-241 and CS-242 Section 36933 (c) of the Government Code provides that a summary of an Ordinance may be published in lieu of the full text, providing the summary is published and a certified copy of the full text is posted in the Office of the City Clerk at least five days prior to the Council Meeting at which the Ordinance is adopted. Section 36933 (c) also requires that, within 15 days of the adoption of the Ordinance, a summary be published, showing the vote for and against the Ordinance, and a certified copy of the Ordinance be posted in the Office of the City Clerk. Therefore, in accordance with Section 36933 (c) of the Government Code, I do hereby certify as follows: 1.) That the adoption of Ordinance Nos. CS-241 and CS-242 is to be considered at the City Council Meeting to be held on the 11th day of March, 2014. 2.) That a certified copy of the full text of Ordinance Nos. CS- 241 and CS-242 was posted in the City Clerk's Office on the 7th day of March, 2014. 3.) That a summary of the Ordinance was published in the Union Tribune Newspaper, on the 7th day of March, 2014. DONNA HERATY, Deputy C,1 Clerk Dated: March 7, 2014 (Seal) Certification of Posting and Publication of Ordinance Nos. CS-241 and CS-242 Page 2 4.) That Ordinance Nos. CS-241 and CS-242 were adopted on the 11th day of March 2014. 5.) That a certified copy of the full text of Ordinance Nos. CS-241 and CS- 242, showing the names of those who voted in favor and against the Ordinance was posted in the City Clerk's Office on the 18th day of March 2014. 6.) That a summaries of the Ordinances, showing the names of those who voted in favor of and against the Ordinances was published in the Coast Newspaper, on the 21st day of March 2014. S ERRY F INGER, Desuty Cit Clerk Dated: March 18, 2014 (Seal)