HomeMy WebLinkAbout2015-07-28; City Council; CS-280; City's Regulation of Density Bonuses Consistent with State Law...1
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EXHIBIT 1
ORDINANCE NO. CS-280
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 LAW.
CASENAME: DENSITY BONUS AMENDMENT
CASE NO.: ZCA 14-02/LCPA 14-04
The City Council of the City of Carlsbad, California, does ordain as follows:
SECTION 1: That Section 21.86.040.K of the Carlsbad Municipal Code is
added to read as follows:
K. An applicant shall be ineligible for a density bonus or any other incentives
or concessions under this chapter if the housing development is proposed on any property
that includes a parcel or parcels on which rental dwelling units are or, if rental dwelling
units have been vacated or demolished in the five-year period preceding the application,
have been subject to a recorded covenant, ordinance, or law that restricts rents to levels
affordable to persons and families of lower- or very low-income; subject to any other form
of rent or price control through the city's valid exercise of its police power; oroccupied by
lower- or very low-income households, unless the proposed housing development replaces
those units, and either ofthe following applies:
1. The proposed housing development, inclusive of the units replaced
pursuant to this subsection, contains affordable units at the percentages set forth in
Section 21.86.040 of this chapter.
2. Each unit in the development, exclusive of a manager's unit or units,
is affordable to and occupied by either a lower- or very low-income household.
Forthe purposes of this subsection, "replaces" shall mean either of
the following:
i. If any rental dwelling unit(s) is occupied on the date of
application, the proposed housing development shall provide at least the same number of
units of equivalent size or type, or both, to be made available at affordable rent or
affordable housing cost to, and occupied by, persons and families in the same or lower
income category as those households in occupancy. For unoccupied dwelling units in a
development with occupied units, the proposed housing development shall provide units
of equivalent size or type, or both, to be made available at affordable rent or affordable
housing cost to, and occupied by, persons and families in the same or lower income
category in the same proportion of affordability as the occupied units. The replacement
units shall be subject to the affordability tenure requirements specified in Section
21.86.100.
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ii. If all rental dwelling units have been vacated or demolished
within the five-year period preceding the application, the proposed housing development
shall provide at least the same number of units of equivalent size ortype, or both, as existed
at the highpoint of those units (in the five-year period preceding the application). The
replacement units shall be provided at an affordable rent or affordable housing cost to, and
occupied by, persons and families in the same or lower income category as those persons
and families in occupancy at the highpoint, if known. If the incomes ofthe persons and
families in occupancy at the highpoint is not known, then one-half ofthe required units
shall be made available at affordable rent or affordable housing cost to, and occupied by,
very low-income persons and families and one-half of the required units shall be made
available for rent at affordable housing costs to, and occupied by, low-income persons and
families. The replacement units shall be subject to the affordability tenure requirements
specified in Section 21.86.100.
SECTION 2: That Section 21.86.050.A of the Carlsbad Municipal Code is
amended to read as follows:
A. When an applicant requests a density bonus pursuant to Section
21.86.040(A) of this chapter, the decision-making body shall grant incentives or
concessions, subject to the following:
1. An applicant shall submit a proposal for any specific incentives or
concessions requested pursuant to this section.
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 without
rendering the development unaffordable to low- and moderate-income households. 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.
3. The applicant shall receive the following number of incentives or
concessions:
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a. One incentive or concession for projects that include at least
ten percent of the total units for lower-income households, at least five percent for very
low-income households, or at least ten percent for persons and families of moderate
income in a common interest development.
b. • Two incentives or concessions for projects that include at
least twenty percent ofthe total units for lower-income households, at least ten percent
for very low-income households, or at least twenty percent for persons and families of
moderate income in a common interest development.
c. Three incentives or concessions for projects that include at
least thirty percent ofthe total units for lower-income households, at least fifteen percent
for very low-income households, or at least thirty percent for persons and families of
moderate income in a common interest development.
4. An incentive or concession may include any of the following:
a. A reduction in site development standards or a modification
of zoning code or architectural design requirements (excluding State Building Standards),
that results in identifiable, financially sufficient and actual cost reductions. A
reduction/modification to standards or requirements may include, but is not limited to, a
reduction in minimum lot size, setback requirements, and/or in the ratio of vehicular
parking spaces that would otherwise be required.
b. Approval of mixed use zoning in conjunction with the housing
development if: i) commercial, office, industrial or other land uses will reduce the cost of
the housing development; and ii) the commercial, office, industrial, or other land uses are
compatible with the housing development and the existing or planned future development
in the area where the proposed project will be located.
c. Other regulatory incentives or concessions that result in
identifiable, financially sufficient and actual cost reductions.
d. The city council may, but is not required to, provide direct
financial incentives, including the provision of publicly owned land, or the waiver of fees or
dedication requirements.
5. The applicant shall show that the requested incentive(s) or
concession(s) will result in identifiable, financially sufficient, and actual cost reductions.
SECTION 3: That Section 21.86.070.1 of the Carlsbad Municipal Code is
added to read as follows:
I. An applicant shall be ineligible for a density bonus or any other incentives
or concessions under this chapter if the condominium project is proposed on any property
that includes a parcel or parcels on which rental dwelling units are or, if rental dwelling
units have been vacated or demolished in the five-year period preceding the application.
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have been subject to a recorded covenant, ordinance, or law that restricts rents to levels
affordable to persons and families of lower or very low income; subject to any other form
of rent or price control through the city's valid exercise of its police power; or occupied by
lower- or very low-income households, unless the proposed condominium project replaces
those units, as defined in Section 21.86.040.K.3 of this chapter, and either of the following
applies:
1. The proposed condominium project, inclusive ofthe units replaced
pursuant to Section 21.86.040.K.3 of this chapter, contains affordable units at the
percentages set forth in Section 21.86.070.A.
2. Each unit in the development, exclusive of a manager's unit or units,
is affordable to, and occupied by, either a lower or very low income household.
SECTION 4: That Section 21.86.100 of the Carlsbad Municipal Code
is amended to read as follows:
21.86.100 Affordability tenure.
A. All low- and very low-income rental dwelling units that qualified the housing
project for a density bonus shall remain restricted and affordable to the designated group
for a period of at least fifty-five years, or a longer period of time if required by the
construction or mortgage financing assistance program, mortgage insurance program, or
rental subsidy program. Rents for the target dwelling unit(s) shall be set at an affordable
rent as defined in Section 50053 ofthe Health and Safety Code.
B. All very low-, low- and moderate-income for-sale dwelling units that
qualified the housing project for a density bonus shall be subject to the following:
1. The initial occupant(s) ofthe target dwelling unit(s) shall be persons
and families of very low, low or moderate income, as required, and the units shall be
offered at an affordable housing cost as defined in Section 50052.5 ofthe Health and Safety
Code.
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 ofthe 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
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the initial sale price to the moderate-income household, plus the amount of any
downpayment 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.
ii. 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 ofthe home at the time of initial sale.
3. If the city provides a direct financial contribution to the housing
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.
C. For rental projects, the city or its designee shall have a one-time first right
of refusal to purchase any project containing affordable units offered for sale at the end of
the minimum tenure of affordability. The first right of refusal to purchase the rental project
shall be submitted in writing to the housing and neighborhood services director. Within
ninety days of its receipt, the city shall indicate its intent to exercise the first right of refusal
for the purpose of providing affordable housing.
SECTION 5: That Section 21.86.110.A of the Carlsbad Municipal Code is
amended to read as follows:
A. The granting of a density bonus, incentive or concession, pursuant to this
chapter, shall not be interpreted, in and of itself, to require a general plan amendment,
zone code amendment, local coastal plan amendment, zone change, other discretionary
approval, or the waiver of a city ordinance or provisions of a city ordinance unrelated to
development standards.
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
ofthe ordinance or a summary ofthe ordinance prepared bythe 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 14tb day of July _, 2015, and thereafter.
DONNA HERATY, Deputy City
CERTIFICATION OF POSTING AND PUBLICATION OF
ORDINANCE NO. CS-280
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 No. CS- 280 is to be considered at the
City Council Meeting to be held on the 28th day of July, 2015.
2.) That a certified copy of the full text of Ordinance No. CS-272 was posted in
the City Clerk's Office on the 23rd day of July, 2015.
3.) That a summary of the Ordinance was published in the Union
Tribune on the 22nd day of July, 2015.
Dated: July 22, 2015
(Seal)
DONNA HERATY, Deputy City Cl
Certification of Posting and Publication of Ordinance No. CS-280
Page 2
4.) That Ordinance No. CS-280 was adopted on the 28th day of July, 2015
5.) That a certified copy of the full text of Ordinance No. CS-280, showing the
names of those who voted in favor and against the Ordinance was posted
in the City Clerk's Office on the 29th day of July, 2015.
6.) That a summary of the Ordinance, showing the names of those who
voted in favor of and against the Ordinance was published in the
Union Tribune, on the 3rd day of August, 2015.
Dated: July 29, 2015
(Seal)