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HomeMy WebLinkAboutOrdinances_2762 5' ORDINANCE NO 2762 AN ORDINANCE OF THE CITY OF REDLANDS AMENDING CHAPTER 18 228 OF THE REDLANDS MUNICIPAL CODE RELATING TO DENSITY BONUS REQUIREMENTS WHEREAS, the State Legislature has amended section 65915 of the Government Code, entitled"Application seeping density bonus, incentives or concessions for lower income housing units and child care facilities, conditions, agreements and submission requirements, duties of local officials," and WHEREAS,the City Council of the City of Redlands now desires to amend Chapter 18 228 of the Redlands Municipal Code to conform to the new requirements of section 65915 of the Government Code, THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOLLOWS Section 1. The text of Chapter 18 228 of the Redlands Municipal Code, entitled "Density Bonus,"is hereby deleted in its entirety and rewritten to read as follows "Chapter 18 228 DENSITY BONUS 18 228 010 Purpose 18 228 020 Eligibility for bonus and incentives 18 228 030 Types of bonuses and incentives or concessions allowed 18 228 040 Continued affordability, equity sharing 18 228 050 Location of affordable units 18 228 060 Child care facilities 18 228 070 Processing of bonus request 18.228 080 Appeals. 18 228 010 Purpose This Chapter provides for the preservation and maintenance of the City's affordable housing supply, as well as incentives or concessions for the development of housing that is affordable to the types of households and qualifying residents identified in Section 18 228 020 of this Chapter In offering these incentives or concessions, this Chapter is intended to implement the requirements of state law (Government Code sections 65302, 65913 and 65915 et seq) and the goals and policies of the City's General Plan housing element 18 228 020 Eligibility for bonus and incentives or concessions To be eligible for a density bonus and other incentives or concessions as provided by this Chapter, a proposed residential development project shall A Consist of five or more dwelling units; and 1 keleddordinancesM62 Amending 18 228 Density Bonus Requirements(Fonn).doc B Provide for the construction of one or more of the following within the development. 1 Ten percent(10%) of the total units of a housing development for lower income households, as defined in Health and Safety Code section 50079 5, or 2 Five percent (5%) of the total units of a housing development for very low income households, as defined in Health and Safety Code section 50105, or 3 A senior citizen housing development as defined in Civil Code sections 51 3 and 51 12, or 4. Ten percent(10%) of the total dwelling units in a condominium project or in a planned development as defined in Civil Code subsection 1351 (f) and (k),respectively, for persons and families of moderate income, as defined in Health and Safety Code section 50093 18 228 030 Types of Bonuses and Incentives or Concessions Allowed A residential development project that satisfies all relevant provisions of this Chapter shall be entitled to a density bonus and one or more incentives or concessions described below If the density bonus incentives or concessions cannot be accommodated on a parcel due to stnct compliance with the provisions of Title 18 of this Code, the City shall waive or modify development standards to accommodate the bonus units or incentives or concessions to which the development would be entitled,unless such waiver or modification would have a specific, adverse impact, as defined in Government Code section 65589 5(d) (2),upon health, safety or the physical environment, or any real property that is listed in the California Register of Historical Resources, and for which there is no feasible method to mitigate or avoid the specific adverse impact A Minimum Density Bonus. The density bonus granted to a residential development project shall consist of an increase over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the City's General Plan as of the date of application Such increase shall be equal to at least 1 A twenty percent(20%)increase in density when the development meets the requirements of subsection 18 228 020 B 1,2 or 3, or 2 A five percent(5%)increase in density, when the development meets the requirements of subsection 18 228 020 B 4 3 A fifteen percent(15%) increase in density,when an applicant for a residential development donates land to the City in accordance with the requirements of Government Code section 65915 (g) (1) Nothing in this subsection shall be construed to enlarge or diminish the authority of the City to require a developer to donate land as a condition of development 4 The City may, at its discretion, grant a density bonus that is greater than that described in subsections 18 228.020 B 1, 2 and 3 for a development that meets the 2 I Icclerk\Ordinances12762 Amending 18.228 Density Bonus Requirements(Form).doc requirements therein or proportionately lower than that described in subsections 18 228 020 B 1, 2 and 3 for a development that does not meet the requirements therein. B Additional Density Bonus. The amount of density bonus to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the base percentage established in section 18 228 020 B The amount of density bonus for a donation of land shall vary according to the amount by which the donation exceeds the base donation established by Government Code section 65915 (h) (2) 1 Lower income households For each one percent(1%) increase above ten percent (10%) in the percentage of units affordable to lower income households,the density bonus shall be increased by one and one half percent(1 5%) 2 Very low income households For each one percent(1%) increase above five percent(5%) in the percentage of units affordable to very low income households, the density bonus shall be increased by two and one half percent(2 5%) 3 Moderate income households For each one percent (1%) increase above ten percent(10%) in the percentage of units affordable to moderate income households,the density bonus shall increase by one percent(1%) 4 Donation of land For each one percent (1%) increase above the minimum ten percent (10%) land donation,the density bonus shall be increased by one percent(1%) Nothing in this subsection shall be construed to enlarge or diminish the authority of the City to require a developer to donate land as a condition of development The base density bonus shall not be included when determining the number of housing units that is greater than five percent(5%) or ten percent(101/6) of the total development All calculations resulting in fractional units shall be rounded up to the next whole number In no event shall the City be required to grant more than a thirty five percent(35%) increase over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the City's General Plan. Qualifying Minimum Density Bonus Increase in Density Percentage(of (above maximum Bonus(for each 1% over total units) allowable density qualifying ercenta e Lower 10% 20% 15% Very Low 5% 20% 2 5% Moderate 10% 5% 1% Senior Citizen N/A 20% N/A Donation 10% 15% 1 C Incentives,Number An eligible project shall receive one, two or three incentives as follows 3 1 Icc1erkloidinances12762 Amending 18,228 Density Bonus Requirements(F'onm).doc 4 ` I Lower income households An applicant shall receive a. One incentive or concession for a project that Includes at least ten percent (10%) of the total units for lower income households; b Two incentives or concessions for a project that includes at least twenty percent (20%) of the total units for lower income households, and c Three incentives or concessions for a project that includes at least thirty percent(30%) of the total units for lower income households 2 Very low income households An applicant shall receive a One incentive or concession for a project that includes at least five percent(5%) of the total units for every low income households, b Two Incentives or concessions for a project that includes at least ten percent(10%) of the total units for very low income households, and c Three incentives or concessions for a project that includes at least fifteen percent (15%) of the total units for very low income households 3 Moderate income households. An applicant shall receive a One Incentive or concession for a project that includes at least ten percent (10%) of the total units for persons and families of moderate income in a condominium or planned development, b Two incentives or concessions for a project that includes at least twenty percent(20%) of the total units for persons and families of moderate income in a condominium or planned development, and c Three incentives or concessions for a project that includes at least thirty percent(30%) of the total units for persons and families of moderate Income in a condominium or planned development D Incentives and Concessions, description A project that is eligible to receive incentives or concessions pursuant to subsection 18 228 030 C above shall be entitled to at least one of the following incentives or concessions identified in Government Code section 65915 1 A reduction in site development standards (e.g., coverage, setback, zero lot line and/or reduced parcel sizes), or a modification of zoning requirements or architectural design requirements that exceed the minimum standards approved by the California Building Standards Commission 2 Approval of mixed-use zoning in conjunction with the housing project if nonresidential land uses would reduce the cost of the housing project, and the nonresidential land uses would be compatible with the housing project and adjoining development 3 Other regulatory incentives or concessions proposed by the developer or the City that would result in identifiable, financially sufficient and actual cost reductions 4 A reduction in the number of required parking spaces,upon request by the applicant For a one-bedroom unit, one parking space is required, for two and three bedroom 4 I IccEerWrdmances12762 Amending 19 228 Density Bonus Requirements(Form).doc r units, two parking spaces are required and for four or more bedroom units, two and on-half parking spaces are required Nothing in this section shall be construed to require the City to provide, or limit the City's ability to provide, direct financial incentives for housing development, including the provision of publicly owned land by the City or the waiver of fees and dedication requirements E Limitations and Exceptions 1 To receive incentives or concessions as described in subsections C and D, an applicant must submit a proposal to the City requesting the specific incentives or concessions that the applicant desires 2 The City shall grant the incentives or concessions requested by the applicant pursuant to subsection E 1 and required pursuant to subsection C,unless the City makes a written finding, based upon substantial evidence, of either of the following a The incentive or concession is not required in order to provide for affordable housing costs, as defined in Health and Safety Code section 50052 5, or b The incentive or concession would have a specific adverse impact as defined in Government Code section 55589 5 (d) (2), upon public health and safety or the physical environment, or on any real property that is listed in the California Register of Historical Resources, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low and moderate income households 3 The City's granting of an incentive or concession shall not be interpreted, in and of itself,to require a General Plan amendment, zoning change, or other discretionary approval 4 Nothing in this section shall be interpreted to require the City to waive or reduce development standards or to grant an incentive or concession that would have a specific, adverse impact upon health, safety or the physical environment for which there is no feasible method to mitigate or avoid the specific adverse impact, nor shall this subsection require the City to waive or reduce development standards or to grant an incentive or concession that would have an adverse impact on any real property that is listed in the California Register of Historical Resources. 18 228 040 Continued Affordability, Equity Sharing A Before the issuance of a building permit for any dwelling unit in a development for which density bonus units have been awarded or incentives or concessions have been received,the developer shall identify the restricted units and shall enter into a written covenant with the City to guarantee one or both of the following, as applicable 1 Lower and very low income households, continued affordability The continued affordability and availability of the lower and very low income units shall be for a 5 1 lcclerklordinanceQ762 Amending I8 228 Density Bonus Requirements(Form).doc minimum of thirty years, as required by state law (Government Code sections 65915 (c) (1) and 65916) Those units targeted for lower income households, as defined in Health and Safety Code section 50105, shall be affordable at a rent that does not exceed thirty percent(30%) of fifty percent (50%) of the area median income 2 Moderate income households, equity sharing The initial occupant of any moderate income unit in a condominium or planned development shall be a person or family of moderate income, as required by state law (Government Code section 65915 (c) (2)) Upon resale, the seller of the unit shall retain the value of any improvements, the down payment and the seller's proportionate share of appreciation The City shall recapture its proportionate share of appreciation, which shall be equal to the percentage by which the initial sale price to the moderate income person or family was less than the fair market value of the home at the time of initial sale The City shall spend recaptured fiends within three years for any purposes to promote homeownership, as described in Health and Safety Code section 33334 2(e) B Recordation of Agreement The terms and conditions of the covenant shall run with the land which is to be developed, shall be binding upon the successors-in-interest of the developer, and shall be recorded in the official records of the County of San Bernardino In addition to the requirements described in subsection 18 228 040 A above, the agreement shall include the following provisions l The developer shall give the City a continuing right-of-refusal to purchase or lease any or all of the designated units at the fair market value, 2 The deeds to the designated units shall contain a covenant stating that the developer shall not sell, rent, lease, sublet, assign or otherwise transfer any interests for the same without the written approval of the City confirming that the sales or rental price of the units is consistent with the limits established for lower, very low and moderate-income households, which shall be related to the Consumer Price Index; and 3 The City shall have the authority to enter into other agreements with the developer, or purchasers of the dwelling units, as may be necessary to ensure that the Iower and very low income units are continuously occupied by eligible households 18 228 050 Location of Affordable Units A Location/Dispersal of Units The location of affordable units within the qualifying project shall be at the discretion of the City with the goal to integrate the units into the overall project However,the affordable units shall be reasonably dispersed throughout the development where feasible, shall contain on average the same number of bedrooms as the nonaffordable units, and shall be compatible with the design or use of the remaining units in terms of appearance,materials and finish quality B Alternative Development Site Circumstances may arise in which the public interest would be served by allowing some or all of the affordable units associated with one housing development to be produced and operated at an alternative development site Where the 6 I lcc1erklprdinances12762 Amending 18 228 Density Bonus Requirements(Form).doe owner/developer and the City form an agreement, the resulting linked developments shall be considered a single housing development for the purposes of this Chapter Under these circumstances, the owner/developer shall be subject to the same requirements of this Chapter for the affordable units to be provided on the alternative site. 18 228 060 Child Care Facilities A When an applicant proposes to construct an eligible residential development project as defined in section 18 228 020, and includes a child care facility that will be located on the premises of, as part of, or adjacent to, the project, the City shall grant either of the following 1 An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the child care facility 2 An additional incentive or concession that contributes significantly to the economic feasibility of the construction of the child care facility B The City shall require, as a condition of approving the housing development,that the following occur. 1 The child care facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable pursuant to section 18 228 040 2 Of the children who attend the child care facility,the children of very low, lower and moderate income households shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low, low or moderate income households pursuant to subsection 18 228 020 B C Notwithstanding subsections A and B above, the City shall not be required to provide a density bonus or incentive for a child care facility if it finds,based upon substantial evidence,that the community has adequate child care facilities 18 228 070 Processing of Bonus Request A Permit Required Requests for affordable units shall require approval of a Planned Residential Development permit in compliance with Chapter 18 144 B Initial Review of Bonus Request The City shall notify the developer within ninety days of the filing of the development plan permit application whether the development project qualifies for the additional density C Criteria to be Considered Criteria to be considered in analyzing a requested density bonus shall include whether the applicant has agreed to construct a development that meets the requirements of section 18 228 020 Criteria to be considered in analyzing a requested incentive shall include whether an incentive or concession has a specific adverse impact upon 7 I kelerMOrdinances12762 Amending 18 228 Density Bonus Requirements(Form).doc health, safety or the physical environment, and whether there is no feasible method to eliminate or mitigate such specific adverse impact D Findings for Approval The approval of a density bonus shall require the following findings to be made in a positive manner 1 The development project would not be a hazard or nuisance to the City at large or establish a use or development inconsistent with the goals and policies of the City's General Plan, 2 The number of dwellings can be accommodated by existing and planned infrastructure capacities, 3 Adequate evidence exists to ensure that the development of the property would result in the provision of affordable housing in a manner consistent with the purpose and intent of this Chapter, 4 In the event that the City does not grant at least one financial concession or incentive as defined in state law(Government Code section 65915) in addition to the density bonus, that additional concessions or incentives are not necessary to ensure affordable housing costs, and 5 There are sufficient provisions to guarantee that the low and very low income units would remain affordable in the future E. Development Standards In no case may the City apply any development standard that would have the effect of precluding the construction of a development meeting the criteria of 18 228 020 B at the densities or with the incentives or concessions permitted by this Chapter An applicant may submit to the City a proposal for the waiver or reduction of development standards. The applicant must show that the waiver or modification is necessary to make the affordable housing units economically feasible 18 228 080 Appeals An applicant may initiate judicial proceedings if the City refuses to grant a requested density bonus, incentive, or concession If a court finds that the refusal to grant a requested density bonus, incentive, or concession is in violation of this Chapter or Government Code section 65915, the court shall award the plaintiff reasonable attorney's fees and costs of suit" Section 2. Severability The City Council declares that, should any provision, section,paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections,paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect Section 3 The City Council hereby determines that the adoption of this ordinance is exempt from review under the California Environmental Quality Act ("CEQA")pursuant to 8 1 kcierWrdinances12762 Amending 18.228 Density Bonus Requirements(Fonn),doc State CEQA Guidelines section 15061 (b)(3) because it can be seen with certainty there is no possibility that the adoption of this ordinance may have a significant effect on the environment Section 4. Effective Date. This ordinance shall take effect thirty(30) days after its second reading by the City Council Section 5 The Mayor shall sign this ordinance and the City Clerk shall certify to the adoption of this ordinance and shall cause it, or a summary of it, to be published once in the Redlands Daily Facts, a newspaper of general circulation within the City, and thereafter, this ordinance shall take effect in accordance with law Pete Aguilar, Mayor ATTEST Sam Irwin, City Clerk I, Sam Irwin, City Clerk, City of Redlands, hereby certify that the foregoing Ordinance was duly adopted by the City Council at the regular meeting thereof, held on the 17th day of January, 2012, by the following vote AYES Councilmembers Harrison, Bean, Foster, Gardner, Mayor Aguilar NOES. None ABSENT None ABSTAIN None Sam Irwin, City Clerk CERTIFICATION 1,Sam Irwin,City Clerk of the City of Redlands:, California,do hereby certify that this Is a true and correct copy of ante No. which has hod,or a summary ttwre . In the ;*pursuant to taw hY 9 I•lce1erk\0rdinances12762 Amending 18,228 Density Bonus Requirements(Form).doc