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HomeMy WebLinkAbout1993-03-23; City Council; 12130; Density Bonus OrdinanceCITY -‘F CARLSBAD - AGEND.-BILL AB # /a, 130 TITLE: MTG. 3-23-93 DENSITY BONUS ORDINANCE ZCA 91-5 DEPT. PLN DEPT. Hb. CITY ATT d CITY MGR.-ifi RECOMMENDED ACTION: If Council concurs, both the Planning Commission and staff are recommending that the City Council ADOPT Resolution No. t/?-&g APPROVINq the Negative Declaration issued by the Planning Director; and INTRODUCE Ordinance No. t?s- a33 , APPROVING ZCA 91-5. z cv I ITEM EXPLANATION On December 2, 1992 the Planning Commission approved (7-O) a Zone Code Amendment (ZCA 91-5) to the Carlsbad Municipal Code (Title 21) to add Section 21.86, et sea., establishing a Citywide Density Bonus Ordinance. The Density Bonus Ordinance (Program 3.7.a. of the City's Housing Element) implements State Density Bonus Law (State Government Code Sections 65915 and 65915.5) and is one of many economic incentive packages that the City has committed to making available to the development community to enable the development of affordable housing. The primary objective of State Density Bonus Law, as implemented through this proposed City Ordinance, is to require local governments to offer private residential developers economic incentives to encourage and enable the development of affordable housing. Generally, the Density Bonus Ordinance mandates that the City grant a minimum 25% residential density bonus and an additional economic incentive (i.e.; (a) the reduction of site development standards, (b) approval of mixed use zoning, (c) an additional density bonus above the minimum 25% or (d) other regulatory concessions which result in identifiable cost reductions), in return for a developer reserving a certain percentage (either; 10% for very low income households or 20% for low-income households or 50% for senior households) of the dwelling units of a project as affordable. The draft Density Bonus Ordinance has undergone adequate public review including; a Planning Commission Housing Ordinance Workshop (7/15/92) and a Planning Commission hearing. No major Ordinance issues were identified. However, those sections of the Density Bonus Ordinance, which are substantially the same as the Inclusionary Ordinance, have been amended to duplicate the revisions made to the Inclusionary Ordinance, therefore ensuring consistency between the two Ordinances. Please see the attached staff report to the Planning Commission for additional details regarding the Density Bonus Program. On December 2, 1992, the Planning Commission recommended approval of the Negative Declaration issued by the Planning Director on June 25, 1992. PAGE 2 OF AGENDA BILL BTO. 12, I30 I The implementation of the Density Bonus Ordinance will result in a commitment of City staff resources. Specifically, there will be administrative (staff) costs to the City for providing a number of recurring services, including, but not limited to: (1) administering density bonus housing and resale agreements, (2) establishing rental rates and sales prices for target units, and (3) qualifying eligible households. The Density Bonus Ordinance does provide that an administrative fee be established to pay for these City services. Staff is recommending that a portion of various fees deposited within the City's Housing Trust Fund be allocated for Density Bonus administrative services. Based upon a review of other Housing Trust Funds, staff concludes that administrative fees are a reasonable use of Housing Trust Funds. IBITS 1. City Council Resolution No. 2. City Council Ordinance No. 3. Planning Commission Resolution Nos. 3422 and 3423 4. Planning Commission Staff Report, dated October 28, 1992 5. Excerpts of Planning Commission Minutes, dated November 4, 1992, November 18, 1992, and December 2, 1992 . 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 RESOLUTION NO. 93-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A NEGATIVE DECLARATION FOR A ZONE CODE AMENDMENT TO AMEND TITLE 21 OF THE CARLSBAD MUNICIPAL CODE, TO ESTABLISH A CITYWIDE RESIDENTIAL DENSITY BONUS PROGRAM THROUGH THE ADDITION OF NEW CHAPTER 21.86. CASE NAME: DENSITY BONUS ORDINANCE CASE NO: ZCA 91-05 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on December 2, 1992, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, examining the initial study, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Negative Declaration; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the findings and conditions of Planning Commission Resolution No. 3422, on file with the City Clerk and incorporated herein by reference constitute the findings of the City Council in this matter and that the Negative Declaration is hereby approved. . . . . . . . . . . . . PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, on the 23rd day of MARCH I 1993, by the following vote, to wit: AYES: Council Members Lewis, Stanton, Nygaard, Finnila NOES: None ABSENT: Council Member Ku IATTEST: ' ALETHA L. ~ (SEAL) RAUTENKRANZ, City Cletk -2- ‘ c 1 2 3 4 5 6 7 8 9 10 l- 12 13 14 I.5 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHBIT 2 ORDINANCE NO. NS-233 AN ORDINANCE OF THE CITY COUNCIL OF THE CITYOFCARLSBAD,CALIFORNIA,AMENDINGTITLE 21 OF THE CARLSBAD MUNICIPAL CODE 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 CITY WIDE DENSITY BONUS PROGRAM. APPLICANT: CITY OF CARISBAD CASE NO: ZCA 91-05 WHEREAS, the California Government Code Section 65915 permits a developer of a residential project of five (5) or more units on a specific site to request that the project be granted either’a minimum 25% density bonus and at least one additional incentive or concession, or incentives of equivalent financial value for the purpose of providing affordable housing for very low-income or low-income households or for qualifying (senior) residents; and WHEREAS, the California Government Code Section 65915.5 permits a developer proposing to convert apartments to condominiums, to request that the project be granted a minimum 25% density bonus or other incentives of equivalent financial value, in exchange for reserving a specific percentage of the converted condominium units for lower or moderate-income households; and WHEREAS, the California Government Code Sections 65915 and 65915.5 require that local jurisdictions adopt an ordinance which establishes the procedure for implementing the density bonus/incentive program; WHEREAS, it is a program of the Housing Element of the City’s General Plan to prepare an Ordinance which implements State Government Code Sections 65915 and 65915.5. -l- The City Council of the City of Carlsbad, California does ordain as follows: 1 2 SECTION 1: That Title 21 of the Carlsbad Municipal Code is amended by the 3 addition of Chapter 21.86 to read as follows: 4 “Chapter 21.86 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESIDENTIAL DENSITY BONUS OR IN-LIEU INCENTIVES Sections: 21.86.010 Purpose and Intent 21.86.020 Definitions 21.86.030 Regulations for New Residential Construction 21.86.040 Regulations for Condominium Conversions 21.86.050 Combined Density Bonus Housing Projects 21.86.060 Density Bonus, Equivalent In-lieu Incentives, and Additional Incentives 21.86.070 21.86.080 21.86.090 21.86.100 21.86.110 21.86.120 21.86.130 21.86.140 21.86.150 Density Bonus Housing Standards Expiration of Affordability Tenure Density Bonus or In-lieu Incentive Application and Review Process Inclusion of Density Bonus Housing Agreement as a Condition of Development Density Bonus. Resale Agreement Eligibility Requirements Management and Monitoring Administrative Fee for Target Dwelling Units Separability of Provisions 21.86.010. Put-nose and Intent. The public good is served when there exists in a city, housing which is appropriate for the needs of and affordable to all members of the public who reside within that city. Among other needs, there is in Carlsbad a need for housing affordable to lower-income households and senior citizens. Therefore, it is in the public interest for the City to promote the construction of such additional housing through the exercise of its powers and the utilization of its resources. (a) It is the purpose of this Chapter to provide incentives to developers for the production of housing affordable to lower-income households, moderate-income households and senior citizens. (b) It is the purpose of this Chapter to implement the goals, objectives, and policies of the Housing Element of the City’s General Plan. (c) It is the purpose of this Chapter to implement Sections 65915 - 65917, of the California Government Code. (d) Nothing in this chapter is intended to create a mandatory duty on behalf of the City or its employees under the Government Tort Claims Act and no cause of action against the City or its employees is created by this chapter that would not arise independently of the provisions of this chapter. -2- - 2186.020. Definitions. Whenever the following terms are used in this Chapter, they shall have the meaning established by this section: (1) “Additional incentive(s)” means any incentive(s) that is offered’ in addition to the twenty-five percent (25%) density bonus. (2) “Affordable housing (Density Bonus)” means housing for which the allowable housing expenses paid by a qualifying household shall not exceed a specified fraction of the gross monthly.income, adjusted for household size, for the following classes of housing: A. Very low-income, rental and for-sale units: 30 percent of the gross monthly income, adjusted for household size, at 50 percent of the County median income. B. Low-income, rental units: 30 percent of the gross monthly income, adjusted for household size, at 60 percent of the County median income. C. Low-income, for-sale units: 30 percent of the gross monthly income, adjusted for household size, at 70 percent of the County median income. D. Moderate-income, for-sale units: 35 percent of the gross monthly income, adjusted for household size, at 110 percent of the County median income. (3) “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, loan interest, property and mortgage insurance, property taxes, home owners association dues and a reasonable allowance for utilities. For a rental unit, allowable housing expenses include rent, and a reasonable allowance for utilities. (4) “Combined density bonus housing project” means separate residential development sites which are linked by a contractual relationship such that some or all of the target dwelling units and/or density bonus dwelling units which are associated with one development site are produced and operated at an alternative development site or sites. (5) “Conversion” means the change of occupancy of a dwelling unit from owner-occupied to rental or vice versa. (6) “Density bonus (condominium conversions)” means a minimum increase of at least twenty-five percent (25%) over the number of apartments within the existing structure or structures proposed for conversion. (7) “Density Bonus (new residential construction)” means a minimum density increase of at least twenty-five percent (25%) over either the Growth Management Control Point of the applicable General Plan designation, as defined in Section 21.90.045 of this Title, or the otherwise maximum allowable residential density as specified by the applicable master plan or specific plan, at the time of application. (8) “Density bonus dwelling units” means those residential units granted pursuant to the provisions of this Chapter which are above the maximum allowable residential yield of the project site. (9) “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 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. -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 IS 17 18 19 20 21 22 23 24 25 26 27 28 (10) “Growth Management Control Point” shall have the same meaning as Chapter 21.90, Section 2190.045 of this Title. (11) “Housing Development” means a new residential development or conversion of existing residential building(s) of five (5) or more residential dwelling units. (12) “In-lieu Incentives” means incentives offered by the City, which are of equivalent financial value based upon the land cost per dwelling unit(s), that are offered in-lieu of the twenty-five percent (25%) density bonus and additional incentive. (13) “Incentives” means such regulatory concessions as stipulated in State Government Code Section 65915(h), 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 cost reductions to enable the provision of housing for lower-income households and qualifying residents. (14) “Income” means any monetary benefits that is determined as income in accordance with the criteria and procedures used by the City of Carlsbad Housing and Redevelopment Department for the acceptance of applications and recertifications for the Section 8 Rental Assistance Program, or its successor. (15) “Low-income Household” means those households whose gross income is more than 50 percent but does not exceed 80 percent of the median income for San Diego County as determined annually by the U.S. Department of Housing and Urban Development. (16) “Lower-income Household” means low-income and very low-income households, whose gross income does not to exceed 80 percent of the area median income. (17) “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. (18) “Maximum allowable residential yield” means the maximum number of residential units permitted on the project site, which number of units is calculated by multiplying the net developable acreage of the project site times the growth management control point(s) for the project site’s applicable residential General Plan designation(s). (19) “Moderate-income Household” means those households whose gross income is more than 80 percent but does not exceed 120 percent of the median income for San Diego County as determined annually by the U.S. Department of Housing and Urban Development. (20) “Partial Density Bonus” means a density bonus less than twenty-five percent (25%). (21) “Qualifying Resident” means a resident as defined in Section 51.2 of the California Civil Code. (22) ‘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. (23) ‘Target Income Level” means the income standards for very low, low and moderate-income levels within San Diego County as determined annually by the U.S. Department of Housing and Urban Development, and adjusted for family size. (24) “Very Low-income Household” means a household earning a gross income equal to 50 percent or less of the median income for San Diego County as determined annually by the U.S. Department of Housing and Urban Development. -4- 21.86.030. Regulations for New Residential Construction. (a) The City shall grant either: a density bonus and at least one additional incentive, as set forth in Section 21.86.060(c), or in-lieu incentives of equivalent financial value, as set forth in Section 21.86.060(c) to an applicant or developer of a housing development of at least five (5) units, who agrees to construct the following: (1) A minimum of twenty percent (20%) of the total units of the housing development as restricted and affordable to low-income households, or (2) A minimum of ten percent (10%) of the total units of the housing development as restricted and affordable to very low income households; or (3) A minimum of fifty percent (50%) of the total units of the housing development as restricted to qualified (senior) residents. (b) In determining the number of density bonus dwelling units to be granted pursuant to the standards of this Section, the maximum allowable residential yield for the site, shall be multiplied by 0.25. Any resulting decimal fraction shall be rounded to the next larger integer. (c) In determining the number of target dwelling units to be reserved pursuant to the standards of this Section, the maximum allowable residential yield shall be multiplied by either 0.10, 0.20 or 0.50, for very low-income households, low-income households or qualified residents, respectively. The density bonus shall not be included when determining the number of housing units which is equal to ten percent (lo%), twenty percent (20%), or fifty percent (50%) of the total units of the housing development. Any resulting decimal fraction shall be rounded to the next larger integer. (d) In cases where a density increase of less than twenty-five percent (25%) is requested, no reduction will be allowed in the number of target dwelling units required. (e) In cases where a density increase of more than twenty-five percent (25%) is requested, the requested density increase is an additional density bonus and shall be considered an additional incentive, in accordance to Section 21.86.060(c) of this Chapter. The final decision making authority of the City may at its discretion grant an additional density bonus if a written finding is made by the final decision making authority of the City that the additional density bonus is required in order for allowable housing expenses to be set as affordable. The City in granting an additional density bonus may require some portion of the additional density bonus to be designated as target dwelling units. (f) In cases where the developer agrees to construct both twenty percent (20%) of the total units for low-income households and ten percent (10%) of the total units for very low-income households, the developer is entitled to only one density bonus and at least one additional incentive. (g) A Density Bonus Housing Agreement shall be made a condition of the discretionary permits (i.e.; tentative maps, parcel maps, planned unit developments, condominium permits, site development plans and redevelopment permits) for all housing developments that request a density bonus and additional incentives or in-lieu incentives. The relevant terms and conditions of the Density Bonus Housing Agreement shall be filed and recorded as a deed restriction on those individual lots or units of a project development which are designated for the location of target dwelling units. The Density Bonus Housing Agreement shall be consistent with Section 2186.100 of this Chapter. 21.86.040. Regulations for Condominium Conversions. (a) Th e Cty h 11 I s a grant either: a density bonus, or in-lieu incentives of equivalent financial value, as set forth in Section 21.86.060(c), to an applicant or developer proposing -5- to convert apartments to condominiums, and who agrees to provide the following: (1) A minimum of thirty-three percent (33%) of the total units of the housing development as restricted and affordable to low-income or moderate-income households; or (2) A minimum of fifteen percent (15%) of the total units of the housing development as restricted and affordable to lower-income households. (b) An applicant/developer proposing to convert apartments to condominiums shall be ineligible for a density bonus or in-lieu incentives under this Section if the apartments proposed for conversion constitute a housing development for which a density bonus or in-lieu incentives were previously provided under this Chapter. (c) In determining the number of density bonus dwelling units to be granted pursuant to the standards of this Section, the number of existing apartment units within the structure or structures proposed for conversion shall be multiplied by 0.25. Any resulting decimal fraction shall be rounded to the next larger integer. (d) In determining the number of target dwelling units to be reserved pursuant to the standards of this Section, the number of existing apartment units within the structure or structures proposed for conversion shall be multiplied by either 0.33 or 0.15, for low or moderate-income households or lower-income households, respectively. The density bonus shall not be included when determining the number of housing units which is equal to thirty-three percent (33%) or fifteen percent (15%) of the total units of the housing development. Any resulting decimal fraction shall be rounded to the next larger integer. (e) In cases where a density increase of less than twenty-five percent (25%) is requested, no reduction will be allowed in the number of target dwelling units required. (f) A Density Bonus Housing Agreement shall be made a condition of the discretionary permits (tentative maps, parcel maps, planned unit developments and condominium permits) for all condominium conversion proposals that request a density bonus or in-lieu incentives. The relevant terms and conditions of the Density Bonus Housing Agreement shall be filed and recorded as a deed restriction on those individual lots or units of a project development which are designated for the location of target dwelling units. The Density Bonus Housing Agreement shall be consistent with Section 21.86.100 of this Chapter. 21.86.050. Combined Densitv Bonus Housing Projects. Circumstances may arise from time to time in which the public-interest would be served by allowing some or all of the density bonus and/or target dwelling units associated with one residential project site to be produced and operated at an alternative site or sites. Where the parties in interest to the sites and the City form an agreement to such an effect, the resulting linked project sites shall be considered to be a single combined density bonus housing project. It is the exclusive prerogative of the final decision making authority of the City to determine whether or not it is in the public interest to authorize the residential sites to form a combined density bonus housing project. All agreements between parties to form a combined density bonus housing project shall be made a part of the Density Bonus Housing Agreement (Section 2186.100 of this Code) required for the sites. -6- 2186.060. Densitv Bonus. Equivalent In-lieu Incentives, and Additional Incentives. 1 (a) Upon application by a developer, pursuant to Section 2186.030, the final 2 decision-making authority of the City shall grant either: a density bonus and at least one additional incentive or in-lieu incentives of equivalent financial value to qualified lower- 3 income or senior housing developments. (b) Upon application by a developer, pursuant to Section 2186.040, the final 4 decision-making authority of the City shall grant either: a density bonus or in-lieu incentives of equivalent financial value to qualified lower-income and/or moderate-income 5 housing developments. 6 (c) Additional incentives or in-lieu incentives, as defined in Sections 21.86.020(l) and (12) respectively, may include, but are not limited to, the following: 7 (1) A reduction in site development standards or a modification of zoning code requirements or architectural design requirements which exceed the minimum 8 building standards approved by the State Building Standards Commission as provided in 9 Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and 1o in the ratio of vehicle parking spaces that would otherwise be required; (2) Approval of mixed use zoning in conjunction with the housing 11 development if land uses are compatible with the housing development and mixed use zoning will reduce the cost of developing the housing; or 12 (3) Other regulatory incentives or concessions proposed by the developer 13 or the City which result in identifiable cost reductions; (4) Partial or additional density bonus; 14 (5) Subsidized or reduced planning, plan check or permit fees; and (6) Direct financial aid including, but not limited to redevelopment set-aside 15 funding, Community Development Block Grant funding, or subsidizing infrastructure, land cost or construction costs or other incentives of equivalent financial value based upon the 16 land costs per dwelling unit. 17 (d) The value of each incentive will vary from project to project, therefore additional incentives or in-lieu incentives shall be determined on a case-by-case basis. 18 (e) The City shall provide at least one additional incentive, for qualified housing developments as set forth in Section 21.86.30, upon a written request by the developer 19 unless the City makes a written finding that the additional incentive is not required in 2o ’ order for allowable housing expenses to be set as affordable. The applicant/owner shall be required to show that the additional incentive is economically necessary to make the 21 units affordable as required by this Chapter. The process for requesting an additional incentive and the criteria for evaluating such request is contained in Section 2186.090 of 22 this Chapter. (f) It is the exclusive prerogative of the City to offer in-lieu incentives of equivalent 23 financial value, based upon the land cost per dwelling unit, instead of a density bonus and 24 at least one additional incentive. (g) Where a density bonus would cause a housing development targeted for lower- 25 income households, moderate-income households or qualified seniors to exceed the upper end of the General Plan density range for the project site, then this request shall be 26 evaluated relative to the proposal’s compatibility with adjacent land uses and its proximity to employment opportunities, urban services or major roads. 27 (h) All qualified housing developments as set forth in Sections 21.86.30 and 28 21.86.40 shall be given priority in processing. -7- 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 2186.070. Densitv Bonus Housing Standards. (a) Notwithstanding a developer’s request to process a residential project pursuant to this Chapter, all residential projects are subject to and must satisfy the requirements (i.e. number of required lower and/or moderate-income units, tenure of affordability, and target income groups) of Chapter 21.85 (Inclusionary Housing) of this Code. (b) Some of the provisions of this Chapter may satisfy the developer’s inclusionary housing obligations (i.e;: 15 percent of the base units reserved as affordable to lower- income households for a minimum 30 year tenure) consistent with Chapter 21.85 of this Code, and other provisions of this Chapter will not. (c) Required target dwelling units should be constructed concurrent with market rate dwelling units unless both the final decision making authority of the City and the developer/applicant agree within the Density Bonus Housing Agreement to an alternative schedule for development. (d) Target dwelling units shall remain restricted and affordable to the designated group for a period of at least thirty (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, under the following circumstances: (1) Both a density bonus and at least one additional incentive are granted by the City; (2) In-lieu incentives in the form of direct financial contributions are granted by the City; or (3) Any target unit which is provided through the conversion of apartments to air space condominiums. (e) Target dwelling units shall remain restricted and affordable to the designated group for a period of at least ten (10) years under the following circumstances: (1) Only a density bonus is granted and no additional incentives are granted by the City; or (2) In-lieu incentives other than direct financial contributions are granted by the City. (f) Target dwelling units and density bonus dwelling units should be built on-site and, whenever reasonably possible, be distributed throughout the project site. (g) In certain cases where a combined density bonus housing project is proposed, the target dwelling units and density bonus dwelling units may be provided on a site separate from the site of the market-rate units. Construction of the target dwelling units and density bonus dwelling units is limited to sites within the same City quadrant in which the market-rate units are located. However, in the event that two properties abut a road, which forms a quadrant boundary, and the two properties are contiguous, except for the presence of the roads, then the target dwelling units and/or density bonus units may be provided on the other property. Where the target dwelling units are located within a master or specific plan area, the first priority for location of the alternative site is within the same master or specific plan, followed in order by the same Local Facilities Management Zone. In the event that a Local Facilities Management Zone crosses City quadrants, the target dwelling units and density bonus dwelling units shall be located within the same City quadrant in which the market-rate units are located. (h) Target dwelling units should be located on sites that are in proximity to or will provide access to employment opportunities, urban services, or major roads or other transportation and commuter rail facilities (i.e. freeways, bus lines) and that are compatible with adjacent land uses. -8- 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 (i) Density bonus projects shall include a mix of target dwelling units (by number of bedrooms) in response to affordable housing demand priorities of the City, whenever feasible. (i) Density bonus projects shall comply with all applicable development standards, except those which may be modified as an additional incentive as provided herein with regard to additional incentives. In addition, all units must conform to the requirements of the applicable building and housing codes. The design of the target dwelling units shall be reasonably consistent or compatible with the design of the total project development in terms of appearance, materials and finished quality. (k) No building permit shall be issued, nor any development approval granted, for a development which does not meet the requirements of this chapter. No target dwelling unit shall be rented or sold except in accordance with this chapter. 21.86.080. Exoiration of Affordabilitv Tenure. (a) At the end of the minimum tenure for rental units in projects containing target units or for-sale target dwelling units a notice of availability of the rental project or for-sale target dwelling unit(s) shall be prepared by the property owner and submitted to the Housing and Redevelopment Director. Within 90 days of the notification of availability of the rental project or for sale target dwelling unit(s), the City, or its designee has the first right of refusal to buy the rental project or for-sale target dwelling unit(s) for the purposes of providing affordable housing. Under this option, the City or its designee will make a good faith effort to close escrow within 90 days. The sales price of the rental project or for-sale unit(s) shall be the fair-market appraised value at the time of sale, assuming continued affordability restrictions. The fair-market valuation of the rental project or for- sale target dwelling unit(s) shall be determined by an appraisal made by an agent mutually agreed upon by the City and the property owner. Costs associated with the appraisal shall be borne by the property owner. (b) If the City or its designee fails to exercise its option of first right of refusal to purchase the rental project or for-sale target dwelling unit(s) within 90 days of notification of availability of the rental project or for-sale units, then the target units may be converted to market-rate units under the following circumstances: (1) The management of the complex intending to convert target rental units to market-rate units shall give notice of such intent, via registered mail, to each affected tenant household and to the City Clerk. Said notice shall be given at least one hundred eighty (180) days prior to the date proposed for conversion to market-rate rents; and (2) Each affected tenant household shall be eligible to receive rental relocation assistance in an amount equal to four (4) months rent, said assistance to be provided by the owner/management company and paid to the tenant at least sixty (60) days prior to conversion to market-rate rents. 21.86.090. Densitv Bonus or In-lieu Incentive Aoplication and Review Process. (a) All residential projects requesting a density bonus, additional incentive(s) or in-lieu incentives pursuant to this Chapter, shall be required to comply with the following application requirements: (1) Application for on-site target dwelling units: Target dwelling units proposed to be developed within the same project site requiring such units shall be designated on the project plans and shall be processed under a Site Development Plan application in addition to the otherwise required project development application(s) (i.e., -9- tentative maps, parcel maps, planned unit developments, conditional use per&s and 1 redevelopment permits). The Site Development Plan shall be processed pursuant to 2 Section 21.53.120 of this Code. No additional hearings or approvals shall be required, except as provided herein with regard to the provision of financial incentives. If the 3 application involves a request to the City for direct financial incentives, then any action by the Planning Commission on the application shall be advisory only, and the City Council 4 shall have the authority ,to make the final decision on the Site Development Plan application and any related discretionary permits. 5 (2) Application for Combined Density Bonus Housing Projects: Separate 6 development application(s) (including the submittal of a Site Development Plan) shall be processed concurrently for both sites unless the alternative site has previously received 7 its discretionary permits. No additional applications, hearings or approvals shall be required, except as provided herein with regard to the provision of financial incentives. 8 If the application involves a request to the City for direct financial incentives, then any action by the Planning Commission on the application shall be advisory only, and the City 9 Council shall have the authority to make the final decision on all of the required 1o development permits. (b) Preliminary application: An applicant/developer proposing a density bonus 11 housing project, shall submit a preliminary application prior to the submittal of any formal requests for approvals of such housing development. The preliminary application shall 12 include the following information: l3 (1) A brief description of the proposal including the number of target dwelling units and density bonus units proposed; 14 (2) The Zoning, General Plan designations and assessors parcel number(s) of the project site; 15 (3) A site plan, drawn to scale, which includes: building footprints, driveway and parking layout, building elevations, existing contours and proposed grading; and 16 (4) A letter identifying what specific incentives (i.e.; standards modifications, 17 density bonus, or fee subsidies) are being requested of the City. Within thirty days of receipt of the preliminary application by the Planning Director for projects not requesting 18 direct financial assistance from the City, or ninety days for projects requesting direct financial assistance from the City, the department shall provide to an applicant/developer, 19 ! a letter which identifies project issues of concern, the financial assistance that the Planning 20 Director can support when making a recommendation to the final decision making authority and the procedures for compliance with this Chapter. The applicant shall also 21 be provided with a copy of this Chapter and related policies, the pertinent sections of the California Codes to which reference is made in this Chapter and all required application 22 forms. (c) Submittal: The completed application(s) shall include the following 23 information: 24 (1) A legal description of the total site proposed for development of the target dwelling units including a statement of present ownership and present and proposed 25 ,zoning; (2) A letter signed by the present owner stating what incentives, if any, are 25 being requested from the City; (3) A detailed vicinity map showing the project location and such details as 27 the location of the nearest commercial retail, transit stop, potential employment locations, 28 park or recreation facilities or other social or community service facilities. -lO- 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 (4) Site plans, designating the total number of units proposed on the site, including the number of target dwelling units and density bonus dwelling units, and supporting plans per the application submittal requirements. (5) In the case of a request for any incentive(s), a pro-forma for the proposed project to justify the request. (6) In the case of a condominium conversion request, a report documenting the following information for each unit proposed to be converted: the monthly income of tenants of each unit throughout the prior year, the monthly rent for each unit throughout the prior year, and vacancy information for each unit throughout the prior year. (d) Review: The Community Development Director and/or his/her designated staff shall evaluate the request based upon the following criteria: (1) The density bonus housing project helps achieve the City’s housing goals for lower-income, moderate-income or qualified senior households, as set forth in the Housing Element of the General Plan; (2) The requested incentive(s) (including, but not limited to, additional density bonuses, requests for a mixed use project, reduction in development standards, or direct or indirect financial contributions) must be necessary to make the project economically feasible; (3) The housing project shall not result in an overall development pattern that is incompatible with other land uses in the immediate vicinity; and (4) The density bonus housing project complies with the General Plan, zoning and development policies of the City of Carlsbad. (5) That the conversion of apartment units to condominiums shall not result in a reduction in the affordable housing stock for lower income groups, as of the most recent inventory. (6) In cases where an applicant/developer agrees to construct a housing development with ten percent (10%) or twenty percent (20%) or fifty percent (50%) of the units restricted and affordable to very low-income, low-income, or qualified households respectively, and an additional incentive is requested, the Planning Director and/or his staff cannot disallow the incentive(s) listed in Section 21.86.060(c) on the basis that it is materially detrimental to public health and safety. 2186.100. Inclusion of Densitv Bonus Housine Agreement as a Condition of Develooment. (a) Applicants/developers, requesting a density bonus, additional incentives or in- lieu incentives pursuant to this Chapter, shall demonstrate compliance with this Chapter by the preparation and approval of a Density Bonus Housing Agreement. A Density Bonus Housing Agreement shall be submitted by the applicant to the City. The terms of the draft agreement shall be reviewed by the Planning Director and Director of Housing and Redevelopment, who shall formulate a recommendation and refer the matter to the Community Development Director or his/her designee for final approval. Following the approval and the signing by all parties, the completed Density Bonus Housing Agreement shall be recorded and the relevant terms and conditions therefrom filed and-recorded as a deed restriction on those individual lots or units of a property which are designated for the location of target dwelling units. The approval and recordation shall take place prior to final map approval, or, where a map is not being processed, prior to issuance of building. permits for such lots or units. The Density Bonus Housing Agreement shall be binding to all future owners and successors in interest. -ll- (b) A Density Bonus Housing Agreement for new residential construction 1 processed pursuant to this Chapter shall include the following: 2 (1) The number of density bonus dwelling units granted; (2) The number of lower-income and senior dwelling units proposed; 3 (3) The unit size(s) (square footage) of target dwelling units and the number of bedrooms per target dwelling unit; 4 (4) The proposed location of the lower-income and senior target dwelling units; 5 (5) Tenure of restrictions for target dwelling units (of at least 10 or 30 6 years); (6) Schedule for production of target dwelling units; 7 (7) Incentives and/or financial assistance provided by the City; (8) Where applicable, tenure and conditions governing the initial sale of for 8 sale target units; and 9 (9) Where applicable, tenure and conditions establishing rules and procedures for qualifying tenants, setting rental rates, filling vacancies, and operating and 10 maintaining units for rental target dwelling units. (c) A Density Bonus Housing Agreement for condominium conversions processed 11 pursuant to this Chapter shall be required to include the following: (1) The number of density bonus dwelling units granted; 12 (2) The number of lower and moderate-income dwelling units proposed; I3 (3) The unit size(s) (square footage) of target dwelling units and the number of bedrooms per target dwelling unit; 14 (4) The proposed location of the lower and moderate-income target dwelling units; 15 (5) Tenure of affordability for target dwelling units (30 year minimum); (6) Schedule for production of target dwelling units; 16 (7) In-lieu incentives provided by the City; and 17 (8) Terms and conditions of for-sale target dwelling units. (d) Where an Inclusionary Housing Agreement is required pursuant to Section 18 21.85.160, both the Density Bonus and Inclusionary Housing Agreements shall be combined into a single Housing Agreement. 19 2186.110. Densitv Bonus Resale Agreement. 20 (a) All buyers of for-sale target dwelling units shall enter into a Density Bonus 21 Resale Agreement with the City’s Housing Authority prior to purchasing the unit or property. The Resale Agreement shall specify that the title to the subject property or unit 22 may not be transferred without prior approval of the City’s Housing Authority. (b) Where an Inclusionary Resale Agreement is required pursuant to Section 23 21.85170, both the Resale Agreements for inclusionary for-sale units and target for-sale 24 units shall be combined into a single Resale Agreement. 25 2186.120. Elieibilitv Reauirements. Only households meeting the standards for lower-income households, moderate- 26 income households, and qualified (senior) residents as defined in Section 2186.020 shall be eligible to occupy target dwelling units. 27 . . . 28 -129 c 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 ,- A 21.86.130. Management and Monitorina. Rental target dwelling units shall be managed/operated by the developer or his or her agent. Each developer of rental target dwelling units shall submit an annual report to the City identifying which units are target dwelling units, the monthly rent, vacancy information for each target rental dwelling unit for the prior year, monthly income for tenants of each target rental dwelling unit throughout the prior year, and other information as required by the City, while ensuring the privacy of the tenant. 21.86140. Administrative Fee for Target Dwelling Units. Over the minimum tenure of projects containing target dwelling units, the City will either directly or, via one or more third parties, provide a number of recurring services associated with the administration and monitoring of such units. Although the provision of some of these services will be within the normal purview of existing City activities, others will involve new costs to the City for which there are no existing funding sources. Unless and until alternative funding sources are identified, it is necessary to require the builders/owners of residential -projects to share in these administrative costs. Therefore, the City Council hereby establishes an administrative fee for target dwelling units, the amount to ‘be established by City Council resolution and paid prior to the issuance of building permit(s). 21.86.150. SeDarabilitv of Provisions. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the remainder of the chapter and the application of the provision to other persons not similarly situated or to other circumstances shall not be affected thereby. -130 . ’ L 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 IS 17 18 19 20 21 22 23 24 25 26 27 28 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the day of , 19 -, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of ,19-, by the following vote, to wit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor ATTEST: ALETHA L RAUTENKFWNZ, City Clerk -14- , - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1. 25 . . . 26 27 28 PLANNING COhJMISION RESOLUTION NO. 3422 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF A NEGATIVE DECLARATION FOR A ZONE CODE AMENDMENT TO ESTABLISH A CITYWIDE RESIDENTIAL DENSITY BONUS PROGRAM. CASE NAME: CITY OF CARLSBAD - DENSITY BONUS CASE NO: ZCA 91-05 WHEREAS, the Planning Commission did on the 28th day of October, 1992, the 4th day of November, 1992, the 18th day of November, 1992, and on the 2nd day of December, 1992, hold a duly noticed public hearings as prescribed by law to consider said request, and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, ex amining the initial study, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Negative Declaration. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission hereby recommends APPROVAL of the Negative Declaration according to Exhibit “ND”, dated June 25, 1992, and “PII”, dated September 23, 1991, attached hereto and ‘made a part hereof, based on the following findings: FidillEX The initial study shows that there is no substantial evidence that the project may have a significant impact on the environment. . . . . . . . . . . 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,APPROVED,AND ADOPTED at a regular meetingofthe Planning Commission of the City of Carlsbad, California, held on the 2nd day of December, 1992, by the following vote, to wit: AYES: Chairperson Erwin, Commissioners: Schlehuber, Schramm, Noble, Welshons, Savary & Hall. NOES: None. ABSENT: None. ABSTAIN: None. TOMERVVIN,Chairperson CARLSBAD PLANNING COMMISSION ATTEST: PLANNING DIRECTOR PCRESON0.3422 -2- . - NEGATIVE DECLARATION PROJECT ADDRESS/LOCATION: Zone Code Amendment to be implemented Citywide. PROJECT DESCRIPTION: Zone Code Amendment to add a Residential Density Bonus Chapter to Carlsbad’s Zoning Ordinance. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Negative Declaration with supportive documents is on file in the Planning Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from the public are invited. Please submit comments in writing to the Planning Department within 30 days of date of issuance. If you have any questions, please call Chris DeCerbo in the Planning Department at 438-1161, extension 4445. DATED: CASE NO: JUNE 25, 1992 ZCA 91-5 .’ .! d ‘(1 : & 1 , ,-.: i-++ /+y- “L,\ c - MICHAEL J. HOLZMILLER ’ Planning Director CASE NAME: CITY OF CARLSBAD PUBLISH DATE: JUNE 251992 CLX:klll 2075 Las Palmas Drive * Carlsbad, California 92009-1576 - (619) 438-l 1.61 @ ENVIRONMENTAL IMPACX ASSESSMENT FORM - PART II (TO BE COMPLETED BY THE PLANNING DEPARTMENT) BACKGROUND CASE NO. ZCA 91-5 DATE: Sentember 23, 1991 1. CASE NAME: RESIDENTIAL DENSITY BONUS PROGRAM 2. APPLICANT: CITY OF CARLSBAD 3. ADDRESS AND PHONE NUMBER OF APPLICANT: ] 4. DATE EIA FORM PART I SUBMITTED: 5. PROJECT DESCRIPTION: Zone Code Amendment to add a Den&v Bonus Chanter to Carlsbad’s Zoning Ordinance. This Chanter establishes reauirements for the reservation and affordabilitv of housing units for lower and moderate income households and senior citizens in residential proiects under a Citv wide Densitv Bonus Program. ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist 8 identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report or Negative Declaration. * A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant effect on the environment. On the checklist, “NO” will be checked to indicate this determination. * An EIR must be prepared if the City determines that there is substantial evidence that any aspect of the project may cause a sign.Xcant effect on the environment. The project may qualify for a Negative Declaration however, if adverse impacts are mitigated so that environmental effects can be deemed insignificant. These findings are shown in the checklist under the headings “YES-sig” and ‘YES-ins@’ respectively. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. . - PHYSICAL EzNvIRoNMENT WLL THE PROPOSAL DIRECTLY OR INDIRECTLY: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Result in unstable earth conditions or increase the exposure of people or property to geologic hazards? x Appreciably change the topography or any unique physical features? x Result in or be affected by erosion of soils either on or off the site? x Result in changes in the deposition of beach sands, or modification of the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? x Result in substantial adverse effects on ambient air quality? x Rest.& in substantial changes in air movement, odor, moisture, or temperature? x Substantially change the course or flow of water (marine, fresh or flood waters)? x Affect the quantity or quality of surface water, ground water or public water supply? x Substantially increase usage or cause depletion of any natural resources? x Use substantial amounts of fuel or energy? .- x Alter a significant archeological, paleontological or historical site, structure or object? x YES YES NO (sigl (insig) -2- BIOLOGICAL ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRkLY: 12. 13. 14. 15. 16. Affect the diversity of species, habitat or numbers of any species of plants (including trees, shrubs, grass, microflora and aquatic plants)? Introduce new species of plants into an area, or a barrier to the normal replenishment of existing species? Reduce the amount of acreage of any agricultural crop or affect prime, unique or other farmland of state or local importance? Affect the diversity of species, habitat or numbers of any species of animals (birds, land animals, all water dwelling organisms and insects? Introduce new species of animals into an area, or result in a barrier to the migration or movement of animals? HuMANENvIRoI+IMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: 17. Alter the present or planned land use of an area? 18. Substantially affect public utilities, schools, police, fire, emergency or other public senrices? YES YES big) (insig) NO x x x YES YES big> (insis> x x NO x x -3- I - HuMANmoNMENT WILLTHEPROPOSALDIRECTLYORINDIRECT'LY: 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. Result in the need for new or modified sewer systems, solid waste or hazardous waste control systems? Increase existing noise levels? Produce new light or glare? Involve a significant risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation)? Substantially alter the density of the human population of an area? Affect existing housing, or create a demand for additional housing? Generate substantial additional traffic? Affect existing parking facilities, or create a large demand for new parking? Impact existing transportation systems or alter present patterns of circulation or movement of people and/or goods? Alter waterborne, rail or air traffic? Increase traffic hazards to motor vehicles, bicyclists or pedestrians? Interfere with emergency response plans or emergency evacuation plans? Obstruct any’scenic vista or create an aesthetically offensive public view? Affect the quality or quantity of existing recreational opportunities? -_ YES YES (Sk) (insig) NO x x x x x x x X x x x ,x x x -4- .- d-.. I - MANDATORY FINDINGS OF SIGNIFICANCE WILL THE PROPOSAL DIRECTLY OR INDIRECIZY: YES YES (Sk) (insig) 33. Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wild- life species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or en- dangered plant or animal, or eliminate important examples of the major periods of California history or prehistory. 34. Does the project have the potential to achieve short-term, to the dis- advantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future.) 35. Does the project have the possible environmental effects which are in-. dividually limited but cumulatively considerable? (“Cumulatively con- siderable” means that the incremental effects of an individual project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) 36. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? NO x x x x -5 DlSCUSSION OF ENVIRONMENTAL EVALUATION This project is a Zone Code Amendment to add a Residential Density Bonus Chapter (21.86) to the City of Wlsbad’s Zoning Ordinance (Title 21). This Density Bonus Program establishes guidelines and procedures by which the City will comply with Sections 65915 and 65915.5 of the California Government Code regarding density bonuses and incentives for affordable housing. Under this new Density Bonus Chapter the City shall implement Government Code Section 65915 which requires that the City shall either: (1) grant a minimum 25% density bonus over the otherwise maximum allowable residential density, and at least one additional incentive (i.e. (a) reduction of site development standards, development fees or dedication requirements, (b) approval of mixed use zoning, (c) and additional density bonus above 25%), or (2) provide other in-lieu incentives of equivalent financial value (based upon the land cost per dwelling unit), in return for a developer guaranteeing that a residential project will reserve either: (a) 20% of the units as affordable to low-income households, or (b) 10% of the total units as affordable to very low income households, or (c) 50% of the total units for senior residents. This Density Bonus Chapter shall also implement Government Code Section 65915.5 (relating to condominium conversions) which requires the City to either: (1) grant a minimum 25% density bonus over the number of existing or approved but undeveloped apartment units within an apartment project which is proposed for conversion, or (2) provide other incentives of equivalent financial value, in return for a developer guaranteeing to reserve either: (a) 33% of the converted condominium units for low or moderate income households, or (b) 15% of the converted condominium units for lower income households. This project is not a specific development, but rather an addition of an implementing chapter to the City’s Zoning Ordinance, which may affect certain future residential developments. In that it implements, State Density Bonus Law, it is deemed consistent with the General Plan. This project basically codifies existing State law and City policy. It allows for and encourages the development of affordable and senior units throughout the City’s existing residential areas. Any further residential project processed pursuant to this Density Bonus Program shall be required to undergo site specific environmental review. This project is consistent with the City’s Housing Element (Program 3.7.a.) in offering incentives to foster the development of affordable and senior housing, and is required by California Government Code Sections 65915 and 65915.5. PHYSICAL ENVIRONMENT l-4. As no site-specific project is proposed as part of this zone code amendment, no changes in topography resulting in unstable earth conditions, erosion of soils, or alteration of deposition pattern will occur. No geological impacts will result f’rom this zone code amendment. -6- 5-8. 9 - 10. 11. In that, no physical, site-specific development is proposed as part of this zone code amendment, no impacts to air quality or climatological indices are expected. Each subsequent project processed pursuant to this Density Bonus Ordinance will be subject to individual, site-specific review that will evaluate potential impacts to water courses and the quality and quantity of various water sources. No site-specific development is proposed with this ZCA. Therefore this zone code amendment will not deplete any natural resources or other form of energy. This zone code amendment is strictly administrative. As such, no site-specific project processed pursuant to this Density Bonus Ordinance is proposed. Only a site-specific environmental review for a particular project could identify the existence of a significant archeological, paleontological, or historical structure or object on site. This is an administrative, non-project zone code amendment, therefore, it has no impact on historical resources. BIOLOGICAL 12 - 16. Because this zone code amendment proposes no actual development, no impacts to the diversity of flora or fauna condition of ecosystems, or agricultural areas or farmlands are anticipated, Each site-specific project requesting a density bonus will be reviewed for possible biological-related impacts on a project-by-project basis. HUMAN ENVIRONMENT 17. This is a zone code amendment. No actual site-specific development is proposed as part of this project. This zone code amendment does not directly affect land use patterns as it only establishes the guidelines and procedures under which a residential density bonus may be applied for. The Density Bonus Program will not directly alter the present or planned land use of a specific area. Any future development application processed pursuant to this Density Bonus Program shall be required to undergo specific environmental review. Any potential land use capability impacts shall be identified and adequately mitigated. 18-22. This Density Bonus Program is not associated with any. specific development. It will not substantially affect utilities, schools, police, fire, emergency or other public services. The proposed program will not alter or result in the need for sewer, solid waste, hazardous waste or other systems. The proposed amendment will not increase noise levels, light or glare or deal with hazardous substances. Future projects.processed pursuant to this Density Bonus Program shall be required to address and adequately mitigate associated impacts. 23-24. The density of any residential area within the City will not be directly affected by this proposed Zone Code Amendment, since it is strictly administrative. Although the total number of units permitted on a given site may be permitted to exceed the maximum permitted per the General Plan, potential impacts from density increases proposed through future projects shall be required to be adequately mitigated. -7- 25-30. The proposed amendment will not substantially affect parking, generate substantial traffic, or alter existing transportation systems. This proposed Zone Code Amendment is not affiliated with any specific development project and will not interfere with safety issues such as emergency evacuation response plans or increase trafhc hazard to motorists, pedestrians and bicyclists. 31. In that no specific development is proposed with this Zone Code Amendment, no scenic vistas will be obstructed and aesthically offensive views will not be created by the implementation of the proposed Density Bonus Program. 32. The proposed Zone Code Amendment will not affect the quality or quantity of existing recreational opportunities. Projects processed pursuant to this Density Bonus Program shall still be required to provide recreational amenities. -8- ANALYSIS OF VIABLE ALTERNATIVES TO THE PROPOSED PROJECT SUCH AS: A) B) 0 D) J3 (F) Gl a) Phased development of the project, b) alternate site designs, c) alternate scale of development, d) alternate uses for the site, e) development at some future time rather than now, f) alternate sites for the proposed, and g no project alternative. Phasing the implementation of this proposed zone code amendment (ZCA) will not substantially reduce environmental impacts associated with the comprehensive implementation of this ZCA. N/A N/A This proposed ZCA will be implemented Citywide. There is no specific site involved/actual development proposed. This ZCA implements Program 3.7.a. (Density Bonus) of the City’s Revised .Housing Element (Oct. 22,199l). This housing program is being implemented at this time to be consistent with State Density Bonus Laws. This project does not propose development upon any specific site. However, the proposed ordinance includes specific fIndit@ which must be made to grant a density bonus. These findings relate to ensuring that the overall development pattern is compatible with other structures and land uses in the immediate vicinity. The no project alternative would not substantially effect the environmental findings for this project. -9- DETERMINATION (To Be Completed By The Planning Department) On the basis of this initial evaluation: I I find the proposed project COULD NOT have a significant effect on the environment, and a NEGATI’VE X DECLAWTION will be prepared. I find that the proposed project COULD NOT have a significant effect on the environment, because the environmental effects of the proposed project have already been considered in conjunction with previously certified environmental documents and no additional environmental review is required. Therefore, a Notice of Determination has been prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A Conditional Negative Declaration will be proposed. I find the proposed project MAY have a significant effect on the environment, .and an ENVIRONMENTAL IMPACT REPORT is required. Date ! Date ;’ . , * ,. ,/ _ :, 7 / _. 1. ;‘L:r;A- I . - :- ’ L lm ta I” ,:. . _’ Planning Director 1 LIST MITIGATING MEASURES (IF APPLICABLE~ . ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE) -lO- . -APPLICANT CONCURRENCE WITH MITIGATING MEASURES - THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECX. Date Signature cJx:km -ll- 1 2 3 4 5 6 7 8 PLANNING COMMISSION RESOLUlTON NO. 3423 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE, 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. CASE NAME: CITY OF CARLSBAD - DENSITY BONUS CASE NO: ZCA 91-05 g II WHEREAS, the Planning Commission did on the 28th day of October, 1992, 10 the 4th day of November, 1992, the 18th day of November, 1992, and on the 2nd day of 11 December, 1992, hold a duly noticed public hearings as prescribed by law to consider said 12 13 request; and 14 15 and arguments, if any, of all persons desiring to be heard, said Commission considered all 16 factors relating to the Zone Code Amendment. WHEREAS, at said public hearing, upon hearing and considering all testimony 17 18 is 20 21 22 23 24 25 26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: That the foregoing recitations are true and correct. J3 That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of ZCA 91-05, according to revised Exhibit “X”, dated December 2, 1992, attached hereto and made a part hereof, based on the following findings: Finding& 1. This Zone Code Ametxlment, to add a Jknsity Bonus Chapter to the Car&bad Municipal Code (TitIe 21) is consistent witi the various Ekments of the General Plan. 27 I( 2. This Zone Code Amendment, implements Housing Element Program 3.7.a. 28 3. Consistent with State Law, this Zone Code Amendment, implements State Government Code Sections 6591565917. . . 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 4. This Zone Code Amendment will not cause any significant environmental impact. All Wure development projects processed pursuant to this ZCA shall be subject to site specific environmental review. A Negative Declaration has been issued by the Planning Director on June 25,1992. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 2nd day of December, 1992, by the following vote, to wit: AYES: Chairperson Erwin, Commissioners: Schlehuber, Schramm, Noble, Welshons, Savary & Hall. NOES: None. ABSENT: None. ABSTAIN: None. ATTEST: MICHAEL J. HOLZMILIkI& Planning Director PC RESO NO. 3423 -2- TOM ERWIN, Chairperson CARLSBAD PLANNING COMMISSION A. STAFF REPORT EXHBIT 4 DATE: OCTOBER 28, 1992 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT SUBJECT: ZCA 91-05 ClTY OF CAREBAD - DENSITY 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. I. RFCOMMENDATION That the Planning Commission ADOPT Planning Commission 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. PROJECI- D E!XRPTION 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 otherwise maximum allowable residential density, and at least one additional incentive (i.e.; (a) the reduction of site development standards, or, architectural design requirements, (b) 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 return 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. ZCA91-05-CITYOFChdSBAD 1 DENSlTY BONUS OCTOBER 2B,l992 a 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 return 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 governments 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. III. ANALYSIS 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-out/highlight 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 out/highlight 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-l ), 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 Inclusionary Ordinance. Refer to Exhibit ‘x’ to review in detail all defmitions and text additions of the proposed Density Bonus Ordinance. zcA91~5-crwoFcru(LsBAD . DENSITY BONUS OCIUBEB 2B,1992 PAGE 3 TABLE-l 21.86.070 21.85120 2186.080 21.85130 21.86.090 21.85140 21.86.100 21.85150 21.86.110 21.85170 2186.120 21.85180 2186.130 21.85.190 2186.140 21.85200 21.86.150 21.85.210 21.86.160 21.85220 21.86.170 21.85230 Planninsz Issues 1. 2. 3. 4. 5. 6. 7. What is the minimum-sized residential project (number of units) which may qualifv 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 are the density bonus housing standards regarding: (1) tenure of affordability, and (2) location of units? What standards shah 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? ZCtA9145-ClTYOFthUBAD . DEIWI'YBONUS OCTOBER2B,l992 ‘ PAGE4 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 &E&ions. - This section proposes several new definitions for new terms 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 Regulations far new residential amstru&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 a 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; a 3) 50% of the total units for senior households. The other key provisions of this section are described below. k Minimum Sixe of Residential projezt - 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). B. Density Bonus CalcuWon. - 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 element 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 defined by State Law, means that a density increase of “at least” 25% must be provided. Since State Law ZCA~~~~-CITYOFCMISBAD DENSITY BONUS OCKIBER 2B,l992 PAGE 5 \ / I f ./ C. only establishes a minimum density bonus standard (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 maw 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 tit shall be rounded up and counted as a whole unit. Number of Rtquid Affordable 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 (Maximum Allowable Residential Yield) times .lO (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: RMH 11.5 DU/AC Property Size: Maximum Units at Permitted Density: Density Bonus Units at 25% (23 DU x 1.25 = 28.75); round up: 2 Acres 23 Units 29 Units Required Affordable Units at 20% Low-Income (23 DU x .20 = 4.6); round up: Total Project Units: 5 units 24 Market Rate Units 5 Low-Income Units II 29 Total Units Because State Density Bonus Law specifies that any density bonus granted shall be in addition to the maximum density permitted under 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 ZCA9145-CXWOF0dSBAD DENSITY BONUS OCXOBER 2B,l992 PAGE 6 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). Of the 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, 1 S/25 (60%) or S/25 (20%) 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. Section 21.86.040 Reigulations for condominium convemicms. - 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 either: a 25% density bonus a 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. Wile 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 m&cations 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 f&tion of a density bonus unit would be counted as a whole unit. B. Number of fequkd afhdable 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. zcA91~5-clTYoFcMLsBAD DENSITYBONUS OCXOBER2B,1992 . PAGE7 Section 21.86.050 Comb&d density bonus housing projects. - State Density Bonus Law, Section 65915(g) specifies 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 2186.050, 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 21.85110 - Combined Inclusionary Housing Project of the Inclusionaty 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 bonus, equivalent in-lieu incentives, and additional incentives. - 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, i.e.; 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 rooEng materials. 3) Allow 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 fhds), 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 proposed housing developments”. This means that the incentives must directly affect the financial ZCA91-05-CITYOFCMLSBAD DENSITY BONUS OCT0BER 28,199i . PAGE8 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. If 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. In theory, the benefits of the incentive(s) should balance the long-term (30 year) use and income restrictions on the affordable units. A Tenure of AiRn&Mity - 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. Locati starArd for affixdable units. - While State Density Bonus Law would allow density bonus units and/or affordable units 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. ZCA914IS--OF0 DEXXIY BONUS OCX’OBER 2B,l992 L PAGE 9 This section of the Density Bonus Ordinance also requires that master and specific plan developers proposing to satisfy Citywide Inclusionary 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 City’s 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 reserving 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. Relationship between InclusionazyaIld Density Bonus ordinances. The City’s 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 differs from the City’s 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 developers to encourage and enable the production of affordable housing (either 10% very-low income, or 20% low income or 50% senior). As discussed earlier, 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 developer 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 . ZCA91-O5-ClTYOFcru(LsBAD DENSlYIYBONUS OCXOBER2BJ992 . PAGE10 there is a conflict in requirements between the two ordinances, 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) Suffkient new, affordable 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 future lower and moderate income households. OBJECTIVE 3.7 - (Lower Income Development and Incentives) Provide incentives, housing type alternatives, and City initiated developments and programs for the assistance of lower-income households. PROGRAM 3.7a - (Density Bonus) Develop an ordinance that implements Government Code Section 65913.4 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 financial contributions in return for the developer guaranteeing that the project will reserve a minim= 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 remain 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 Redevelopment Department for compliance. Con&tent 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) satisfy the Citys commitment to develop an ordinance that implements Government Code Sections 65915-65917. ZCA91-05-CLTYOF(hdSBAD DBNSrrY BONUS OCXOBER 28,1992 . PAGE11 In 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 Government Code Sections 65915 - 65917, staff recommends approval of ZCA 91-05. Iv. ENvIRoNMENTALREvxEw 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 significant 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. ATTACHMENTS 1. Planning Commission Resolution No. 3422 2. Planning Commission Resolution No. 3423 3. Government Code Sections 65915-65917. cDD:km:ti:ul July 16.1992 -.TTACHMENT 3 Chapter 4.3. Density Bonuses and Other Incentives 65915. (a) When a developer of housing proposes a housing development within the jurisdiction of the local lncen~~~zfor bwer government, the city. county, or city and county shall provide the developer incentives for the production of iarome housing lower income housing units within the development if the developer meets the requirements se% forth in devebpmenr subdivisions (b) and (c). The city, county, or city and county shall adopt an ordinance which shall specify the method of providing developer incentives. (b) When a developer of housing agrees or proposes to construct at least (1) 20 percent of the total units of a housing development for lower income households, as defined in Section 50079.5 of the Health and Safety Code, or (2) 10 percent of the total units of a housing development for very low income households, as defined in Section 50105 of the Health and Safety Code, or (3) 50 percent of the total dwelling units of a housing development for qualifying residents, as defined in Section 5 1.2 of the Civil Code, a city, county, or city and county shall either (1) grant a density bonus and at least one of the concessions or incentives identified in subdivision (h) unless the city, county, or city and county makes a written finding that the additional concession or incentive is not required in order to provide for affordable housing costs as defined in Section 50052.5 of the Health and Safety Code or for rents for the targeted units to be set as specifti in subdivision (c), or (2) provide other incentives of equivalent financial value based upon the land cost per dwelling unit. (c) A developer shall agree to and the city, county, or city and county shall ensure continued affordability ~flo&biUy of all lower income density bonus units for 30 years or a longer period of time if required by the construction agmemeti or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. Those units targeted for lower income households,asdefined in Section 50079.5 of the Health and Safety Code,shall be affordable at a rent that does not exceed 30 percent of 60 percent of area median income. Those units targeted for very low income households, as defined in Section 50105 of the Health and Safety Code, shall be affordable at a rent that does not exceed 30 percent of 50 percent of area median income. If a city, county, or city and county does not grant at least one additional concession or incentive pursuant to paragraph (1) of subdivision (b), the developer shall agree to and the city, county, or city and county shall ensure continued affordability for 10 years of all lower income housing units receiving a density bonus. (d) Adevelopermay submittoacity,county,orcityandcountyapreliminaryproposal forthedevelopment of housing pursuant to this section prior to the submittal of any formal requests for general plan amendments, zoning amendments,or subdivision map approvals. The city, county, or city and county shall, within 90days of receipt of a written proposal, notify the housing developer in writing of the procedures under which it will comply with this section. The city, county, or city and county shall establish pmce&es for carrying out this section, which shall include legislative body approval of the meansofcompliance with this section. ‘Tlrecity, county, or city and county shall also establish procedures for waiving or modiryins devekrpment and z&ng stand&s which would otherwise inhibit the utilixation of the. density bonus at specific sites. Ther# proctdunsshallinclude,butMubelimitcdto,suchitemsasminimuml~size,sideyardsetbach,and placement of public work impmvematta. (e)‘Ihehousingdevebpashallshowthtthewaivaorrodifi~bnscessaryto~thehousingunits economically fens&k (~Forthe~dthbc~,“densitybonus”meMsrdcnsityinxeue OfUk&St2SpacentOVer theotknvisemaximmt nlJowabkresickntialdensityun&theappli&kzoning~andlanduse elementofthegenad~rrdthedateofrrppliEationbythedevelopertothecity,colmty,orcirymdcwnty. Tbe density bonus alull not be included when determining the numkr of housing unita which is equal to 10 otU)percurtofrheroul.Thederuity~usshallapplytohousingdevelopnentscau6stingoffiveormore dwelling units. (g) “Housing development,” as used in this section, mams one or more groupaof~jecu for residential unitsconsouctedinthep~devclopmentofacity,county.orcityrndcounty.Forplrposesofcalculating a density bonus, the residential units do not have to be based upon individual subdivision maps or psrctls. The density bonus shall be permitted in geographic areas of the housing devekpment other than the areas where the units for the lower income households are located. (h) For purposes of this chapter, .ession or incentive means any of the follow; (1) A reduction in site development standards or a modification of zoning code requirements or architectural design requirements which exceed the minimum building standards approved by the State Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 I of the Heallh and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required. (2) Approval of mixed usezoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, indusuial, or other land uses are compatible with the housing project and the existing or planned development in the atea where the proposed housing project will be located (3) Other regulatory incentives or concessions proposed by the developer or the city, county, or city and county which result in identiftible cost reductions. Ibis subdivision does not limit or require the provision of direct financial incentives for the housing development, including the provision of publicly owned land, by the city, county, or city and county, or the waiver of fees or dedication requirements. (i) If a developer agrees to construct both 20 percent of the total units for lower income households and 10 percent of the total units for very low income households, the developer is entitled to only one density bonus and at least one additional concession or incentive identified in Section-65913.4 under this section although the city, city and county, or county may, at its discretion, grant more than one density bonus. (Amended by Stats. 1984. Ch. 1333. No repealer; Amended by Stats. 1989, Ch. 842; Amended by Stats. 1990, Ch: 31. Effective September ll,l990; Amended by Stats. 1991, Ch. 1091.) 65915.5. (a) When an applicant for approval to convert apartments toacondominium project agrees to provide Confab conversion at least 33 percent of the total units of the proposed condominium project to persons and families of low or incentives for b w moderate income as defined in Section 50093 of the Health and Safety Code, or 15 percent of the total units income housing of the proposed condominium project to lower income householdsasdefined in Section 50079.5 of the Health devebpment and Safety Code, and agrees to pay for the reasonably necessary administrative costs incurred by a city, county, or city and county pursuant to this section, the city, county, or city and county shall either (1) grant adensity bonusor (2)provideotherincentivesofequivalent financialvalue. Acity,county,orcity andcounty may place such reasonable conditions on the granting of a density bonus or other incentives of equivalent financial value as it finds appropriate, including, but not limited to. conditions which assure continued affordability of units to subsequent purchasers who arc persons and families of low and moderate income or lower income households. (b) For purposes of this section, “density bonus” means an increase in units of 25 percent over the number of apartments, to he provided within the existing structure or structures propod for conversion. (c) For purposes of this section, “other incentives of equivalent fmial value” shag not be construed to require a city, county, or city and county to provide cash transfer payments or other monetary compensation but may include the reduction or waiver of requirements which the city, county, or city and county might otherwise apply as conditions of conversion approval. (d)Anapplicantforapprovaltoconvena~enutoacondominium projectmaysubmittoacity,county, or city and county a preliminary proposal pursuant to this section prior to the submittal of any formal requests forsubdivisionmapapjxovals.Thecity,county,orcityandcountyshatl, within9O&ysofre&ptofawrjtten Prf.VOSd, Wtify the appkant in writing of the manner in which it will comply with this section. Ihe city, county, or city and county shall establish procedures for carrying out this section, which shall inch& legislative body approval of the means of compliance with this stction. (e) Nothing in this section shall be C~~~UUXI to require a city, county, or city and county to approve a prqod to convat apumatfs to condominiums. (f)~applicant~btineligiMeforadensitybonusototherincentivcsunderthis~ti~iftheapartmcn~ proposedfotconvtrsioncongiuueahousingdevelopmentforwhichadensitybonusororherinccntivcswae provided under Se&WI 65915. (Added by Stats. 1983, Ch. 634.) 65916. Where there is a direct fkncial contribution to a housing development pursuant to Section 65915 ~trer~~ fhmgh participation in cost of infrastructure, ~rite-d~~n of land costs. or sttb~~ the cost of CO-,, ConsuUCtion, the city, county, or City and county shall assure continued availability for low- and modera& i=om units for 30 years. When appmpriate, the agreement provided for in Section 65915 shall specify the mechanisms and pmdures necessary to carry out this section. (Added by Stats. 1979, Ch. 1207. Effective Ocwber’2.1979.) 65917. In enacting this chapter it is the intent of the L,egis&re that the density bonus or other incentives Offend poky by the city, county, or city and county pursuant to this chapter shall contribute signiticantly to the economic feasibility of lower income housing in proposed housing developments. b the absence of an agreement by a developtr in accordance with Section 65913.5 or 65915. a locality shall not offer a density bonus or any other incentive that would undermine the intent of this chapter. Minutes of: PLANNING COMMISSION . Time of Meeting: 6:00 P.M. Date of Meeting: November 4, 1992 Place of Meeting: CITY HALL COUNCIL CHAMBERS CALL TO ORDER: Chairman Erwin called the Regular Meeting to order at 6:02 p.m. PLEDGE OF ALLEGIANCE: The pledge of allegiance was led by Commissioner Hall. ROLL CALL: Present: Chairman Erwin, Commissioners Hall, Noble, Savary, Schlehuber, Schramm, and Welshons Absent: None Staff Present: Gary Wayne, Assistant Planning Director Robert Green, Principal Planner Dennis Turner, Principal Planner Jeff Gibson, Associate Planner Christer Westman, Associate Planner David Rick, Planning Technician II Bobbie Hoder, Senior Management Analyst Karen Hirata, Deputy City Attorney Bob Wojcik, Principal Civil Engineer COMMENTS FROM THE AUDIENCE ON ITEMS NOT LISTED ON THE AGENDA: There were no comments from the audience. APPROVAL OF MINUTES: ACTION: Motion by Commissioner Welshons, and duly seconded, to approve the Minutes of the Regular Meeting of October 21, 1992, as submitted. AYES: Chairman Erwin, Commissioners Hall, Savary, Schramm, and Welshons NOES: None ABSTAIN: Commissioners Noble and Schlehuber CONTINUED PUBLIC HEARING ‘) ~~ - An amendment to the Carlsbad Municipal Code (Title 21) by to establish requirements for the reservation and affordability of rate and lower income households in residential projects under a Citywide ng Program and the payment of an In-Lieu Fee or lnclusionary Housing Impact 2) ZCA 91-5 - CITY OF CARLSBAD - DENSITY 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. PLANNING COMMISSION November 4, 1992 PAGE 2 - An amendment to the Land Use Element of e city to grant density increases above the ential densities permitted by the General Plan to enable the development of ing through processing of a Site Development Plan permit. Planning Director, stated that staff is requesting that the Planning Commission able housing items to the meeting of November 18, 1992. Staff intends to revise ge in an effort to respond to the comments made by the Planning Commission, the Chairman Erwin stat at before continuing the items, he would reopen public testimony in order to take additional comments fr Commissioner Schlehub ed his objection to reopening public testimony because he felt it was out of order and would set a pr Chairman Erwin requested a ng from the City Attorney. Karen Hirata, Deputy City Attorney, replied that it was a procedural question open to interpretation. Commissioner Welshons reques hairman Erwin to poll the Commissioners. A majority of the Commission felt that they would lling to accept additional public testimony. Commissioner Hall was concerned continuation to November 18th would not allow sufficient time for the public or the development corn to review and absorb the updated revision. Gary Wayne, Assistant Planning Director, replied ated revision would be available to the public at 4:00 p.m. on November 10,1992. He stated t ted revision would not contain major revisions to the Commissioner Welshons suggested the ty of an extra meeting in order to hear all of the public testimony since this would give staff add me to make changes and would also allow the Commission more time to make an effectiv Commissioner Schlehuber commented that if ated revision would be available for public examination on November 10, 1992, that sh the public and the development community’s legal representatives ample time to review the re Chairman Erwin concluded that he could accept recommendation for a continuation to November 18th and if more time is needed, it could be conti gain at that meeting. Chairman Erwin opened the public testimony for Agen Item #l and issued the invitation to speak. Joe Valenti, 3491 Lawrence Street, Carlsbad, had filed a uest to speak but withdrew his request until There being no persons desiring to address the Commissio n Agenda Item #l , Chairman Erwin closed the public testimony and opened the public testimony for Ag There being no persons desiring to address the Commission on enda Item #/2, Chairman Erwin closed There being no persons desiring to address the Commission on da Item #3, Chairman Erwin declared the public testimony closed. . PLANNING COMMISSION November 4,1992 PAGE 3 ACTION: Motion was made by Commissioner Welshons, and duly seconded, to continue ZCA 91-6, ZCA 91-5, and GPA 92-08 to November 18, 1992 with continued public testimony. AYES: Chairman Erwin, Commissioners Hall, Noble, Savary, Schlehuber, Schramm, and Welshons NOES: None ABSTAIN: None - Request for approval of an amendment to a conditional nforming 15 bed residential care facility under and to expand the entire facility by adding 10 new beds and 15 parking spaces, at g Street in the R-3 Zone in Local Facilities Management Plan Zone 1. Jeff Gibson, Asso requesting an am to a conditional use permit to incorporate an existing nonconforming 15 bed residential care f er CUP 247 and expand the entire facility by adding 10 new beds and 15 parking spaces at 3 Harding Street in the R-3 (Multi-family Residential) Zone. Using a diagram on the w all, he pointed out some of the special features of the proposed project. He stated that the project site c ts of two separate parcels owned by the applicant and both located at the northeast corner of Harding S Im Avenue. On Parcel “A” there is a 27 bed, one-story, residential care facility, and a ngle-family residence occupied by the applicant. On Parcel 2 there is an existing one-story buil currently being utilized as an office. The applicant is requesting permission to remodel and enlarge -story building on Parcel 2 to include 10 residential care beds, a dining room, kitchen, and living r is expansion would bring the total number of beds on the two parcels to 37. The exterior of this buildin d the single-family home would be upgraded to match the existing building. In addition, one curb c ng and two curb cuts along Palm Avenue would be closed, a detached accessory garage wo olished, and leading from Palm Avenue, there would be a 24 foot wide paved driveway leading to w parking spaces for guests, residents, and employees.. The lots would be consolidated to incorporate th e facility within one lot. All of the proposed improvements would bring the facility into confo e with local ordinances. Staff recommends approval. Commissioner Welshons inquired how many employe t the facility and if there are any peak parking hours. Mr. Gibson replied that two spaces are r for employees, per the Parking Ordinance. However, he deferred comment to the applicant on the king hours for guests. Commissioner Welshons inquired about the term “SH&P” sho he blueprints for the interior floor plan of the proposed expansion. Mr. Gibson deferred response to Chairman Erwin opened the public testimony and issued the invitatr Robert Holmes, 810 Caminita Rosa, Carlsbad, addressed the Commis stated that there are four employees during daylight hours and two employees after 1O:OO p.m. the employees drives a vehicle. He stated that the “SH&P” on the blueprint refers to “shelf and pol the closet. Mr. Holmes gave some background on the Harding Guest Home and stated that it was o 1959 with six beds. The facility was increased to 15 beds in 1962. In 1980, the facility was acqu r. and Mrs. Martin and in 1985, another 10 beds were added. At the present time there are 25 bed approved, 10 more beds will be added. One of the beds would accommodate a can accept the staff recommendation. However, since there has never been a c was built, he requested the Commission to consider granting the CUP for 10 years ins annual review. REVISED PAGE 20 PLANNING COMMISSION November 18, 1992 put on paper to get the bal Iling. The need has been demonstrated. He would also like to see how all the pieces fit together. He es not like the 30 year method proposed by Mr. Becker but gives him the benefit of the doubt becaus have had a good reason for it. He doesn’t like the tenure to be in perpetuity either. However, e the comment by Ms. Rodman about the 30 year rollover each time the property is sold. In an the ordinance, they can change it. If it gets Schlehuber likes Mrfmo n/#8 Mr. Holzmlller’s compromise language (for #3 In Mr. Howes’ letter) that Is In nance, and that there may also be some good in fiw Mr. Howes ' recommendation #4. He could a if it is only applied to properties which are contiguous. In any event, he thinks we should go ah pass the ordinance with our comments going into the record. Commissioner Hall disagrees with Corn er Schlehuber. He doesn’t see this ordinance working the way it is being presented. We are not b any homes now and this ordinance will only make it worse. We are approaching this issue as a tax an just won’t work. We can pass the ordinance but it will never get implemented. The ordinance skirts the ty issue so we are tying everyone’s hands. We are a long way from making affordable housing work. missioner Hall thinks we need to study the ordinance further. He does not feel there is any sense p ing an ordinance which won’t work. We can call this a fee if we want to, but whatever it is called, it is stil x any way you look at it. He thinks we need to take a practical look at the ordinance. Chairman Erwin agre wants to see it in perpetuity. Otherwise, he would inventory once we get it. We are paying the price guarantee. He can support the ordinance with that He is totally opposed to the 30 year tenure. He rollover on the for-sales so we can keep the nt and we are all going to pay for it. We need a ACTION: Motion was made by Commissioner lehuber, and duly seconded, to adopt Planning Commission Resolution No. 3424 ret proval of the Negative Declaration issued by the Planning Director and Commission Resolution No. 3425 recommending approval of ZCA 91- findings contained therein with the following changes: (1) including the c set forth in staff memo dated November 18, 1992; (2) including reco ions #l and #2,8riU/#8 by Mike Howes, and recommendation #4 with the than e property be contiguous; and (3) amending the term so that at the.end of 30 the city would have to purchase the property at the impeded market value wi and, if not exercised, the developer AYES: NOES: Commissioners Hall, Welshons, and Schram ABSTAIN: None Chairman Erwin r Council. Commissioner Schramm would liked to have seen it go back to staff one m the recommendations made tonight. ime to incorporate some of Commissioner Welshons would like to have had a task force formed to iron ou ordinance, including balanced representation by the development community, would also like the possibility explored regarding a transaction fee when prope The proceeds could go towards affordable housing in perpetuity. Finally, she feel sending this ordinance forward to the City Council the way it is written. d or transferred. 5. ZCA 91-5 - CITY OF CARLSBAD - DENSITY BONUS - An amendment to the Carlsbad Municipal Code (Title 21) by the addition of Chapter 21.86 to establish requirements for the reservation and PLANNING COMMISSION November 18, 1992 PAGE 21 affordability of housing units for Lower-Income and Moderate-Income Households and Senior Citizens in residential projects under a Citywide Density Bonus Program. ACTION: Motion was made by Commissioner Hall, and duly seconded, to continue ZCA 91-5 to December 2, 1992. AYES: Chairman Erwin, Commissioners Hall, Noble, Savary, Schlehuber, Schramm, and Welshons NOES: None ABSTAIN: None 6) GPA 92-08 - Rf?SlDENTIAL DENSITY INCREASES - An amendment to the Land Use Element of the General Plan to ould allow the City to grant density increases above the maximu by the General Plan to enable the development of affordable housing velopment Plan permit. ACTION: II, and duly seconded, to continue ZCA 91-5 to December 2, 1992. AYES: oble, Savary, Schlehuber, Schramm, and Welshons NOES: None ABSTAIN: None ADDED ITEMS AND REPORTS: Commissioner Welshons requested that the Babcock Condominiums be put back on the agenda for December 2, 1992. ADJOURNMENT: By proper motion, the Regular meeting of November 18, 1992 was adjourned at lo:50 p.m. BETTY BUCKNER Minutes Clerk MINUTES ARE ALSO TAPED AND KEPT ON FILE UNTIL THE WRITTEN MINUTES ARE APPROVED. December 2, 1992 PAGE 11 III, preparation of a final draft General Plan and EIR, will come next, followed by reviewed the community forums which have been held and stated that the written t will be available for the public in late January. It is expected that the public hearing will be hel e summer, at which time the EIR will be certified and the new General Plan Commissioner Welshons st not a Planning Commissioner until recently, however she was sat on the Parks & Recreation Commission, and as a Chairman Erwin opened the public testimony the invitation to speak. There being no persons desiring to address the Commissi Chairman Erwin declared the public testimony closed and opened the item for discussio mmission members. No action was required at this time. 3) ZCA 91-05 - CITY OF CARLSBAD - DENSITY 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. Chris DeCerbo, Senior Planner, using slide projection, reviewed the proposed zone code amendment for density bonus and stated that staff has revised the draft ordinance since the recent hearing on inclusionary housing to ensure consistency between the two ordinances. As a result, several additional changes were made to the draft ordinance to bring it into conformance In addition, two staff memorandums were passed out with last minute changes. Mr. DeCerbo stated that all future residential projects requesting to satisfy lnclusionary requirements through use of the Density Bonus Ordinance shall be subject to the minimum requirements of the lnclusionary Ordinance. He reviewed various scenarios using both density bonus and inclusionary housing calculations. Questions from Commissioners were answered and the following points were made: . All references to TOT have been eliminated from the ordinance. * References to “senior” in the ordinance refers to age only, and not whether an older citizen is lower-income or physically incapacitated. . If the City does not purchase affordable housing at the end of its tenure, the units can be sold. . The City should consider establishing some type of impact fee or other method to ensure that there will be a continuous supply of affordable housing into the future. * When a developer is granted the 25% density bonus for affordable housing, he must also comply with the lnclusionary Housing Ordinance requirements. * If a developer refuses the density bonus, the City can insist it be applied. . One incentive for low-income citizens to purchase affordable housing is that the owner will then have the tax advantage of deducting interest payments. . An affordable housing agreement between the City and the purchaser of affordable housing is currently being considered to ensure that the homeowner will maintain the home during his ownership period. . The growth control point is used for calculation purposes because State law mandates that the density bonus be based upon the maximum number of units achievable under the General Plan and/or zoning. . The average ownership of an affordable unit is estimated to be 5-7 years and creates an opportunity for citizens to have upward mobility. * Federal regulations currently prohibit evicting an owner of affordable housing when their income increases beyond the low-moderate income range. * A significant amount of affordable housing is expected to be rental units, which should have a higher turnover than for-sale units. DRAFT PLANNING COMMISSION December 2,1992 PAGE 12 . If a final map is approved and the builder does not proceed with the development but, instead, sells the map to another developer, the conditions for affordable housing travel with the map. Commissioner Hall remains concerned about the 90 day staff processing time. He believes that staff should be able to operate more quickly than that. Chairman Erwin opened the public testimony and issued the invitation to speak. Mike Howes, Hofman Planning, 2386 Faraday Avenue, Suite 120, Carlsbad, addressed the Commission and stated that he would like copies of the slide presentation because he had not previously seen these density bonus calculations of the staff. He needs to study the calculations in order to better understand the ordinance. Mr. DeCerbo will see that Mr. Howes receives paper copies of the slide presentation. For the record, Chairman Erwin stated that a letter dated December 2, 1992 had been received from Doug Avis of Fieldstone La Costa, who suggested modifications to some areas of the proposed ordinance for consistency with the State law. There being no other persons desiring to address the Commission on this topic, Chairman Erwin declared the public testimony closed and opened the item for discussion among the Commission members. Chairman Erwin requested staff to respond to the Fieldstone letter. Mr. DeCerbo replied that the ordinance is currently consistent with State law. Karen Hirata, Deputy City Attorney, also commented that she will review Mr. Avis’ comments with the City Attorney, although she doesn’t anticipate any changes. In the event that revisions are necessary, they will be brought up at the City Council hearing. ACTION: Motion was made by Commissioner Schlehuber, and duly seconded, to adopt Planning Commission Resolution No. 3442, 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, together with the changes to Exhibit “X” contained in the Planning Department Memorandum of December 2,1992 (recommendations #l and #3), plus the changes to Exhibit “X” contained in the Planning Department Memorandum No. 2, also dated December 2, 1992, plus Amendment to Exhibit “X” 21.86.020(3) as stated by staff, plus the two typographical errors stated by staff. AYES: Chairman Erwin, Commissioners Hall, Noble, Savary, Schlehuber, Schramm, and Welshons NOES: None ABSTAIN: None An amendment to the Land Use Element of llow the City to grant density increases ntial densities permitted by the General Plan to enable the development of processing of a Site Development permit. Chris DeCerbo, Senior Planner, on, reviewed the proposed General Plan amendment for residential density increases amendment is necessary to enable the City to grant density increases above the maxi ed by the General Plan Land Use Element for projects proposing affordable housing for lowe families. The amendment would authorize density increases for residential use, subject to approval of Plan permit, for a specific project. Each proposal requesting a density increase would to: (1) the project’s compatibility C&bad SiJN Decreed A Legal Newspaper by the Superior Court of San Diego County Mail all correspondence regarding public notice advertising to W.C.C.N. Inc. 2841 Loker Ave. East, Carlsbad, CA 92008 (619) 431-4850 Proof of Publication STATE OF CALIFORNIA, ss. COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the Carlsbad Sun, a newspaper of general circulation, published weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspa- per at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established, printed and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next f publication of the ,Density Bonus Prograrm ’ d If you have any questiops regarding thi$ m~er,~i;ileas~call.Chris De- : ,, Cerbo in the Planning Department, at (619) 48&lltJl, ext. 4445. .I *, . Ifyoukhallenge the Zone Code Amendmeritin court, you may be limited I :;.J to raising only those issuesmAmd by you mwmeone else at the public ‘* 1 - --hearing described in this notice, .or in wr!tten correspondence $eliv$rTd erred to; and that the annexed is a printed ished in each regular id newspaper and not rereof on the follow- 1 11 1993 19- 19- 19- 19- of perjury that the orrect. Executed at pfljjiego, State of 7, 1993 h Clerk of the Printer MFlR 10 ‘93 10:42 SOUTHCCQST P.2 .” .’ . NOTICE OF PUBLIC HEARING ZCA 91-5 RESIDENTIAL DENSITY BONUS PROGRAM NOTICE IS HEREBY GIVEN that the City Council of the Cii of Carlsbad will hold ,a public hearing at the city council Chembers, 1200 carisbad Village Drive, Csrlsbad, California, at 6:OO PM., on Tuesday, March 23, 1993, to consider an Amendment to Title 21 of the Carlsbad Municipal Code, by the addition of Chapter 2 t T? 6, to establish requirements for the reservation and affordability of housing nits for Lower-income and ModerateSncome Households and Senior Cirem in residcnde~ projeots under a Citywide Density Bonus Program. lf you have any questiong regarding this matter, please’call Chris DeCerbo in thePlanning Department, 8t [619] 438-1161, ext. 4445. lf you challenge the zone &de Amendment in court, you may be limited to raising Only those issues raised by you or someone else at the public hearing described in this notice, or in writ&n correspondence delivered to the City of Carlsbad city Clerk’s office at, or prior to, the public hearing. APt’LicANT: city of Carkbed PUBLISH: March 11, 1993 CARLSBAD CI’W COUNCIL THURSDAY CarlsbadCityOfS-1 l-3 varinda/kate 3-9 (Form A) TO: CITY CLERK ’ S OFF ICE FROM: PLANNING DEPARTMENT RE: PUBLIC HEARING REQUEST Attached are the materials necessary for you to notice ZCA 91-5 - DENSITY BONUS ORDINANCF - CITY OF CARISRAD for a public hearing before the City Council. f Please notice the item for the council meeting of . ‘Thank you. MARTY ORENYAK Assistant City Manager 17/74/9? Date NOTICE OF PUBiIC HEARING ZCA 91-5 RESIDENTIAL DENSITY BONUS PROGRAM NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Carlsbad Village Drive Carlsbad, California, at 6:00 P.M., on Tuesday, March 23, 1993, to consider an Amendment to Title 21 of the Carlsbad Municipal Code, 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. If you have any questions regarding this matter, please call Chris DeCerbo in the Planning Department, at (619) 438-1161, ext. 4445. If you challenge the Zone Code Amendment in court, you may be limited to raising only those issues raised by you or someone else at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad City Clerk's Office at, or prior to, the public hearing. APPLICANT: City of Carlsbad PUBLISH: March 11, 1993 CARLSBAD CITY COUNCIL : * --5 . NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the Council PM, on Tuesday, 7 hambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 3 23 , 1993, to consider approval of 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. Those persons wishing to speak on these proposals are cordially invited to attend the public hearing. Copies of the staff reports will be available on and after , 1993. If you have any questions, please call Chris DeCerbo in the Planning Department at (619) 438-1161, ext. 4445. If you challenge the Zone Code Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. CASE FILE: ZCA 91-S CASE NAME: CITY OF CARLSBAD - DENSITY BONUS PUBLISH: , 1993 CITY OF CARLSBAD CITY COUNCIL