HomeMy WebLinkAboutAGENDA REPORT 2001 1219 CC REG ITEM 09EMOORPARK CITY COUNCIL
AGENDA REPORT
To: The Honorable City Council
ITEM-
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BY-
From: Deborah S. Traffenstedt, Acting Director of Community
Development _D1 ST
Prepared by: Joseph F. Fiss, Principal Planner
Date: December 12, 2001 (CC Meeting of 12/19/01)
Subject:: Consider Report and Recommendation of the Affordable
Housing /Community Development Committee concerning
General Plan Pre - Screening Applications for U.S.A.
Properties Fund, Inc. (General Plan Amendment Pre -
Screening Applications No. 2001 -01)
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At their meeting on October 17, 2001, the Affordable
Housing /Community Development Committee considered a proposal
submitted by U.S.A. Properties Fund, Inc. to amend the land use
designation of 9.48 acres located southerly of Los Angeles Avenue,
west of the Archstone Apartments from General Commercial (C -2) to
Very High Density Residential (V -H). The Affordable
Housing /Community Development Committee recommends that the City
Council authorize concurrent processing of this amendment to the
General. Plan, Zone Change application, and Residential Planned
Development Permit. The Committee further recommended that a
density increase from 15 units per acre to 18.5 units per acre be
permitted in support of affordable housing for a specific needs
category.
BACKGROUND
On October 17, 2001, the Affordable Housing /Community Development
Committee (Mayor Hunter and Councilmember Harper) held a special
meeting to consider a General Plan Pre - Screening application which
would change the existing General Plan land use designation from
commercial (C -2) to residential (V -H) . The Committee considered
the application and is recommending that the City Council authorize
concurrent processing at this time. Review by the City Council of
Pre - Screening applications is a public hearing under the City
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Honorable City Council
December 19, 2001
Page 2
Council. created process and the appropriate legal advertising has
been done. The Annotated Agenda of the October 17, 2001 meeting and
the Staff Report prepared for the Committee meeting are included
with this report.
State Redevelopment Law requires that fifteen percent of all
housing units within a redevelopment area be maintained for
affordable housing. The Moorpark Redevelopment Agency requires
that affordable housing units be provided on a project by project
basis within the Redevelopment district, in order to avoid
incurring a deficit of affordable housing units within the project
area.
A recent request for consideration of an increased number of units
was made by the developer and is discussed below.
DISCUSSION
U.S.A. Properties Fund, is requesting an amendment to the General
Plan for property located southerly of Los Angeles Avenue, easterly
of Leta Yancy Road, westerly of the Archstone Apartments and
northerly of the Arroyo Simi. Access to the proposed project will
be provided by the extension of Park Crest Lane and Park Lane,
completing a connection between Moorpark Avenue and Los Angeles
Avenue. Archstone Communities, developer of the 312 -unit apartment
community on the east side of the subject property, was required to
achieve the Park Crest Lane /Park Lane connection as a condition of
their project approval. Right -of -way dedication for this future
street has now been achieved as part of the approval of Parcel Map
No. 5316 by the Planning Commission on August 27, 2001. This Parcel
Map has also created a portion of the subject development site by
separating it from the balance of the ownership, which extends
north with frontage on Los Angeles Avenue and Park Lane.
Construction of street improvements is expected to be complete by
January 2002 and is required before Archstone Communities can
occupy more than 199 apartment units.
The proposed U.S.A. Properties project site -plan depicts 176 senior
citizen housing units within fifteen (15) two -story buildings
arranged in clusters, with individual units in each cluster having
one (1) to two (2) bedrooms. The proposed units are comprised of
flats on each floor, with unit sizes ranging between 579 square
feet and 800 square feet. The project, as proposed, will consist of
four (4) 8 -plex buildings, eight (8) 12 -plex buildings, and three
(3) 16 -plex buildings. The buildings are clustered around a central
recreation facility containing a pool and spa, recreation building,
and patio area. Paved walkways through landscaped yard areas will
lead to the central recreation area from each residential cluster.
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Honorable City Council
December 19, 2001
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Parking is provided with 132 spaces within carports and forty -four
(44) open spaces, for a total of 176 spaces. The proposed parking
ratio of one (1) space per dwelling unit is not consistent with the
current code provisions that requires at least 1.25 covered spaces
for bachelor or studio type units, or two (2) covered spaces (one
in a garage) for units with one (1) or more bedrooms. Section
17.32.010.M.1. of the Zoning Ordinance does allow for a reduction
of parking, on a case by case basis, if these units are for senior
citizens or affordable housing. It is the responsibility of the
applicant to provide the approving authority with justification for
reduced'. parking. Given the reduced impacts that senior housing
projects create, a reduced parking ratio can be considered. The
proposed parking ratio for this project is 1 parking space per unit
with limited guest spaces provided at a ratio of .1 parking space
per unit, for a total of 194 parking spaces.
Applicant's request to amend the current land use designation to
provide! for development of 176 attached housing units requires a
density of approximately 18.5 units per acre on the 9.48 acre
parcel. This density exceeds the General Plan density permitted
under the Very High Density Residential category by 3.5 units per
acre (18.5 versus 15) . The Land Use Element of the General Plan
allows an increase in density up to a maximum of 20 units per acre,
consistent with State Density Bonus laws and Municipal Code
provisions. Section 17.64.030 D.1.c. allows the granting of a
density bonus not to exceed 25% when at least fifty percent (500)
of the total units are to be set aside for senior residents. Under
normal code provisions of 15 dwelling units per acre, the 9.48
acres could support a maximum of 142 dwelling units. With the
maximum density bonus of 25 percent, 36 additional dwelling units
would be allowed, for a total of 178 dwelling units.
The applicant has indicated that every unit in the project will be
reserved for affordable senior housing, however, it has not been
determined at what income level the units will be reserved.
The 176 units proposed are designated totally for senior housing.
As proposed, the project includes the allowable density bonus. A
formal request to recognize the density bonus should be included in
the concurrent application submittal. Provisions of 17.64.030 F
and G related to maintenance of affordable senior units and the
requirements for an affordable senior housing agreement would
apply.
The property can be feasibly developed for the intended purposes.
There is a community need to provide housing for special needs
categories such as the aging population of Moorpark within the
economic means of that segment of the population. Development of
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residential units south of the alignment of Park Crest Lane is
consistent with the development of the Archstone Apartments to the
east and is a logical land use between the Arroyo Simi and
commercial parcels fronting on Los Angeles Avenue. Additionally,
retail goods and services are available nearby, as are grocery
stores, restaurants and limited health facilities. A bus turnout is
being installed just east of this site on Park Crest Lane and
Arroyo Vista Park is nearby. Public transit is available or can be
brought to the site readily.
Circulation to the development can be provided through the
extension and intersection of Park Crest Lane and Park Lane,
adjacent to the site. Parcel Map No. 5316 identified two (2)
alternative designs for this new intersection. One (1) is an
intersection with a knuckle formed by the two (2) intersecting
streets, of Park Lane and Park Crest Lane. The alternative is a
design that provides for a connection between Park Crest Lane and
Unidos Avenue creating the potential for a through street from
Moorpark Avenue to Leta Yancy Road. Because of the configuration
of the parcels, the existence of a single - family home and location
of the Faith Lutheran Church, the potential for a street connection
is significantly reduced. Two (2) travel lanes can be achieved
through a reduced roadway section that avoids the church but would
require removal of the existing single- family dwelling at the
northwest corner of the subject property. Consideration to
incorporating this property into the proposed project if a street
connection to Unidos Avenue is desired was discussed. The
committee suggested that both options should be studied and a
determination made as part of the formal project review. Some
interest was expressed in combining the single- family residential
parcel into the proposed project.
The applicant's proposal addresses a significant housing need that
would assist the City to achieve a portion of its Housing Element
goals for affordable housing. The following item was noted by staff
and the Committee for further consideration during formal project
review:
Address the integration of the Arroyo Simi open space into the
project as previous projects have. The applicant should
consider the benefit of passive use areas or enhanced
landscape buffering along the portion of the expanded Arroyo
Simi right -of -way not intended for drainage way widening and
construction. These areas should be incorporated into the
final RPD submittal. Dedication of land to the Ventura County
Flood Control District (VCFCD) is anticipated.
The Affordable Housing /Community Development Committee recommended
that an. amendment of the General Plan be authorized for processing
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(along with concurrent processing of related applications), subject
to study of potential acquisition of the single- family home to the
northwest, and study of the option for extension of Park Crest Lane
to Unidos Avenue.
The developer has recently requested consideration of 208 units.
This is an attempt to address the fees required by various public
agencies including the City. They have also informed the City of
their desire to seek property tax abatement as part of the State
Bond funding program. They have been informed that City Staff has
grave concern with this relative to MRA and City revenues. Staff
supports processing this application with consideration of up to
190 dwelling units (9.48 acres X 20 dwelling units per gross acre),
which is the maximum allowed by the City General Plan and Density
Bonus Provisions. Staff feels that a 100 percent senior project
should have fewer impacts than the same number of non - senior
restricted units and may justify fee reductions not previously
granted by the City. This, in combination with design standard
modifications would affect the number of units necessary to achieve
a financially viable project consistent with City standards and
General Plan requirements.
RECOMMENDATIONS
1. Opera public hearing; receive testimony; close public hearing.
2. Authorize U.S.A. Properties Fund, Inc authorization to submit
a General Plan Amendment application and authorize concurrent
processing of all necessary applications to develop the senior
housing project.
Attachments:
1. Memorandum Reports for Affordable Housing /Community Development
Committee meeting of October 17, 2001.
2. Annotated Agenda of Affordable Housing Meeting of October 17,
2001.
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ITEM q. A-.
CITY OF MOORPARK
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: Affordable Housing /Community Development Committee
(Mayor Hunter and Councilperson Harper)
FROM: Wayne Loftus, Director of Community Developmentll/
Prepared by: John Libiez, Planning Manager /Advance
DATE: October 11, 2001 (For 10/17/01 meeting)
SUBJECT: Consider a Request for a General Plan Amendment Pre -
Application Review to Change the Land Use Designation
from General Commercial (C -2) to Very High Density
Residential (VH) on 9.48 acres, located southerly of
Los Angeles Avenue, West of the Archstone Apartments
and East of Juarez Avenue. Applicant: U.S.A.
Properties Fund (APN NOS. 506 -0- 050 -180 and -470)
BACKGROUND
Requests for General Plan Amendment pre- screening applications
are permitted and administered under the authority of City
Council Resolution No. 99 -1578. This resolution establishes two
(2) periods annually for acceptance and consideration of
requests to amend the General Plan Land Use Element by the
Affordable Housing /Community Development Committee.
The Committee reviews pre- screening applications and recommends
to the City Council, via a report from the Committee, as to the
merit of each request and whether or not the applicant should be
permitted to submit a formal application for General Plan Land
amendment of the Land Use Element of the General Plan. A copy
of the adopted procedure and explanation is attached to this
staff report for reference.
a T _ t
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General Plan Pre - screen 2001 -01 U.S.A. Properties Fund, Inc.
October 11, 2001
Page 2
DISCUSSION
U.S.A. Properties Fund, is requesting an amendment to the
General Plan for property located southerly of Los Angeles
Avenue, easterly of Leta Yancy Road, westerly of the Archstone
Apartments and northerly of the Arroyo Simi -. Access to the
proposed project will be provided by the extension of Parkcrest
Lane and Park Lane, completing a connection between Moorpark
Avenue and Los Angeles Avenue. Archstone Communities, developer
of the 312 -unit apartment community on the east side of the
subject property, was required to achieve the Parkcrest
Lane /Park Lane connection as a condition of their project
approval. Right -of -way dedication for this ,future street has now
been. achieved as part of the approval of Parcel Map No. 5316 by
the Planning Commission on August 27, 2001. This Parcel Map has
also created a portion of the subject development site by
separating it from the balance of the ownership which extends
north with frontage on Los Angeles Avenue and Park Lane.
Construction of street improvements is expected to be complete
by January 2002 and is required before Archstone Communities can
occupy more than 199 apartment units.
The. proposed project site -plan depicts 176 senior citizen
housing units within fifteen (15) two- story - buildings arranged
in clusters, with individual units in each cluster having one
(1) to two (2) bedrooms. The proposed units are comprised of
flats on each floor, with unit _sizes ranging from 579 square
feet and 800 square feet. The project, as proposed, will consist
of four (4) 8 -plex buildings, eight (8) 12 -plex buildings, and
three (3) 16 -plex buildings. The buildings are clustered around
a central recreation facility containing a pool and spa,
recreation building," and patio area. Paved walkways through
landscaped yard areas will lead to the central recreation area
from each residential cluster. Parking is provided with 132
spaces within carports and forty -four (44) open spaces, for a
total of 176 spaces. The proposed parking ratio of one (1) space
per dwelling unit is not consistent with the current code
provisions, that requires at least 1.25 covered spaces for
bachelor or studio type units, or two (2) covered spaces (one in
a garage) for units with one (1) or more bedrooms. Section
11.32.010.M.1. of the Zoning Ordinance does allow for a
reduction if the units are for senior citizens.
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General Plan Pre - screen 2001 -01: U.S.A.
October 11, 2001
Page 3
Properties Fund, Inc.
Applicant's request would amend the current land use designation
and zoning to provide for development of 176 multiple - family,
attached, rental housing units, at a density of approximately
18.5 units per acre on a 9.48 acre parcel, approximately 5.46
(vacant land) acres of which has been established by Parcel Map
5316. The balance of the development site is comprised of a
separate legal parcel currently occupied by nursery greenhouses
and operated as Milgro Nursery.
All units within the complex will be designated as affordable
senior housing. At this time the applicant has not addressed the
specifics of income limits and commitment to affordability in
the application. The Committee should determine the percentage
of the project to be designated for affordable senior housing
and the income levels proposed and forward a recommendation to
the City Council.
Table 1
L.T. Development Pre - screening Reauest
REQUEST
EXISTING
PROPOSED
General Plan
General Commercial (C -2)
Very High Density
Residential (VH)
(15.0 dus /acre
maximum)
Zoning
Commercial Planned
Residential Planned
Development (CPD)
Development (RPD)
(18.5 dus /acre)
(Sr. Housing]
Density
Commercial /N.A.
18.5 dus /acre
The property shown on this pre- screening application can be
feasibly developed for residential purposes. There is a current
need under the City's Housing Element to provide housing for
special needs categories such as the aging population of
Moorpark within the economic means of that segment of the
population. Development of residential units south of the
alignment of Parkcrest Lane is consistent with the development
of the Archstone Apartments to the east and is a logical land
use between the Arroyo Simi and commercial parcels fronting on
Los Angeles Avenue. Additionally, retail goods and services are
available nearby, as are grocery stores, restaurants and limited
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October 11, 2001
Page 4
health facilities. A bus turnout is being installed just east of
this site on Parkcrest Lane and Poindexter Park is nearby.
Circulation to serve the proposed development will be provided
through the extension and intersection of Parkcrest Lane and
Park Lane, adjacent to the site. Parcel Map No. 5316 identified
two (2) alternative designs for this new intersection. One (1)
is an intersection with a knuckle formed by the two (2)
intersecting streets of Park Lane and Parkcrest Lane. The
alternative is a design that provides for a connection between
Parkcrest Lane and Unidos Avenue creating the potential for a
through street from Moorpark Avenue to Leta Yancy Road. Because
of the configuration of the parcels, the existence of a single -
family home and location of the Faith Lutheran Church, the
potential for a street connection is significantly reduced. Two
(2) travel lanes can be achieved through a reduced roadway
section that avoids the church but would require removal of the
existing single - family dwelling at the northwest corner of the
subject property. Consideration should be given to incorporating
this property into the proposed project if a street connection
to Unidos Avenue is desired.
Discussion Points
The applicant's proposal addresses a
that would assist the City to achieve
Element goals for affordable housing.
issues identified by staff that the Coi
reaching its recommendation for
consideration:
significant housing need
a portion of its Housing
The following items are
umittee should consider in
future City council
• The proposal does not address the integration of the Arroyo
Simi open space into the project as previous projects have.
The applicant should consider the benefit of passive use areas
or enhanced landscape buffering along the portion of the
expanded Arroyo Simi right -of -way not intended for drainage
way widening and construction. These areas should be
incorporated into the final RPD submittal. Dedication of land
to the Ventura County Flood Control District (VCFCD) is
anticipated.
• The circulation alternatives should be considered and more
specific direction given to the applicant. Staff sees
significant merit in connecting Parkcrest Lane to Leta Yancy
Road, creating a parallel local street to Los Angeles Avenue.
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October 11, 2001
Page 5
• Applicant should be provided direction concerning the single -
family lot contiguous to the northwest project corner in the
proposed project, even if the Leta Yancy Road circulation
alternative is not pursued. The single- family parcel would be
the only such parcel in the area and it is too small to
support a future commercial or higher density project designed
consistent with city standards.
• The proposed density of this project exceeds the maximum
allowed of fifteen (15.0) dwelling units per acre. Applicant
is requesting approval of a project at 18.5 dus /acre gross.
The General Plan Land Use Element (Table 2, restricts density
of the Very High Residential category to 15.0 dus /acre, unless
a density bonus is granted. The table also limits density to
20.0 dus /acre when a density bonus is approved pursuant to
State Density Bonus Law and the Municipal Code provisions.
Both of these sources allow for a maximum bonus of twenty -five
(25 %) percent for projects meeting defined criteria. A copy of
Chapter 17.64 of the Municipal Code is attached for Committee
reference.
• Parking for the project is proposed at less than zoning
ordinance levels. The parking standards require one (1) or
more bedroom units in multiple family developments to have two
(2) covered spaces per unit, one (1) of which must be in a
garage; RPD standards require an additional '-� space per unit
for guest parking. The parking standards also allow some
reduction in parking for bachelor or studio apartments when an
RPD is reviewed (Section 17.32.010.M.1 and Section
17.36.030.B.3.). The current design incorporates 132 spaces in
carports [three -sided structures] and forty -four (44) surface
spaces. Staff has contacted the cities of Thousand Oaks,
Oxnard and Camarillo to determine what parking standard is
applied to, senior citizen only, housing. Oxnard and Thousand
Oaks make a determination on a case -by -case basis, requiring
applicant to submit a study and Camarillo requires only one
(1) space per dwelling unit which may be uncovered. Staff
believes some modification of the current standards is
reasonable, since most seniors do not maintain two (2) cars.
Guest parking should be provided on site with or without a
modification to resident parking criteria. Based on contact
with the cities noted above, Thousand Oaks, Oxnard, and
Camarillo, guest spaces should be required.
00 r
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General Plan Pre - screen 2001 -01: U.S.A. Properties Fund, Inc.
October 11, 2001
Page 6
ACTIONS
The following options/ actions regarding this application are
available to the Affordable Housing /Community Development
Committee (Mayor Hunter and Councilperson Harper):
1. Recommend to the City Council that the pre- screening
application, as submitted, be approved for processing of a
General Plan Amendment (GPA).
2. Recommend to the City Council that the pre- screening
application be approved for processing of a General Plan.
Amendment, subject to acquisition of the R -1 single - family
home at the northwest project boundary, and require the
extension of Parkcrest Lane to Unidos Avenue.
Attachments:
1. Property and Surrounding Developments Exhibit
2. Site Plan
3. Pre - screening Application Guidelines
4. Chapter 17.64 of the Municipal Code
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PARK CREST APARTMENTS
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CITY OF MOORPARK
GENERAL PLAN AMENDMENT
PRE- SCREENING PROCEDURE
COMMUNITY DEVELOPMENT DEPARTMENT, CITY OF MOORPARK, 799 MOORPARK RD., MOORPARK, CALIFORNIA, 93021
PURPOSE:
To provide a process that property owners, or their agents, may use
to present information to the City Council related to proposals for
changes in land use designations on property under the applicants'
control.
SUBMISSIONS:
A General Plan Pre - Screening application is submitted to the City
on the forms and with the prescribed deposits and exhibits to
support the application. Any application submitted without
appropriate deposits or required attachments will be considered
incomplete and will not be scheduled for review until proper and
complete documentation is received. An incomplete submittal will
cause the application to be postponed until the next cycle.
Attachments to the application shall include a site plan, grading
analysis, diagrams to define current and proposed General Plan and
zoning designations, and any draft diagrammatic or textual changes
to existing General Plan Elements or Specific Plans affected by the
application. Applications--and information materials may be obtained
from the Community Development Department, Moorpark City Hall, 799
Moorpark Ave. Moorpark, California, 93021. Completed applications
must be submitted to the Community Development Department.
APPLICATIONS:
Two application review periods are provided each calendar year for
which General Plan Pre - screening Reviews may be submitted.
APPLICATION DUE DATES:
Cycle 1 complete applications must be filed not later than November
30 preceding the review cycle.
Cycle 2 complete applications must be filed not later than May 30
preceding the review cycle.
APPLICATION REVIEW HEARINGS:
All complete applications for General Plan Pre - Screening shall be
reviewed by the Affordable Housing /Community Development Committee
who shall provide a recommendation to the City Council. The City
Council shall conduct a Public Hearing on each application and
shall make a determination to approve or deny the filing of a
formal General Plan Amendment.
ATTACHMENT 3 � �� J ,�
GENERAL PLAN PRE- SCREENING APPLICATIONS
PAGE 2
APPLICATION HEARING SCHEDULE:
ACTION
CYCLE 1
CYCLE 2
Application Deadline
November 30
May 30th
Community Development
January Meeting(1)
July Meeting(1)
Committee Review
City Council Public
March to May,
September to
Hearing
Depending on
November, Depending
Committee Review
on Committee Review
(1) The Affordable Housing/ Community Development Committee may
take up to 60 days to complete review and recommendations.
APPLICATION DECISIONS:
AFFORDABLE HOUSING /COMMUNITY DEVELOPMENT COMMITTEE:
The Affordable Housing /Community Development Committee will review
the application and supporting materials. The Committee shall make
a recommendation to the City Council and identify any issues and
concerns regarding the request that the City Council may wish to
consider in its deliberations. --
All applications filed for any cycle shall be scheduled for hearing
before the Affordable Housing /Community Development Committee on
the same date within the cycle review period. The Committee may
review these items over a sixty period.
The Committee shall present a recommendation to the City Council on
all pre - screening applications it reviews. In developing a
recommendation the Committee shall determine the extent to which
each application conforms to adopted General Plan element goals and
policies for each element upon which the pre- screening application
may have an effect. In developing a recommendation, the Committee
shall use the same criteria which the City Council shall utilize in
reaching its decision.
The Committee may recommend approval, denial, or modifications to
the pre- screening request the Committee feels shall be necessary to
insure compatibility with adjacent uses and in such a way as may
implement General Plan goals and policies. The report of the
Committee to the City Council shall present findings in support of
the recommendation for City Council consideration.
GENERAL PLAN PRE - SCREENING APPLICATIONS
PAGE 3
i
CITY COUNCIL:
City Council shall conduct a noticed Public Hearing on each General
Plan Amendment Pre - screening application. After the close of the
review item, City Council will provide the applicant with a
determination upon the General Plan Pre - screening Review request.
Council will normally render one of the following decisions:
APPROVAL- Approval means that the applicant is allowed to
prepare and submit a formal application for General
Plan Amendment to be reviewed and heard by the
Planning Commission and City Council at a
subsequent point in time. Council may prescribe
additional considerations, materials, and /or
studies to be included within the formal
application as a condition to approving the pre-
screening review.
Approval of the pre- screening review is not an
approval of the General Plan Amendment and does not
guarantee or imply that approval of the formal
application for General Plan Amendment will occur
once filed.
DENIAL- Denial of the pre- screening review means that no
formal General Plan Amendment application for the
project site will be accepted. Denial of any pre-
screening shall disqualify the property from
consideration for any additional General Plan
Amendment application submittal for a period of one
year from the denial date.
ACTIONS FOLLOWING DECISIONS:
After the City Council has rendered its decision on a pre- screening
review, the following actions will occur:
APPROVAL- Applicant will be advised in writing of the decision
of the City Council. Thereafter, applicant shall
file the necessary forms, fees, environmental
information and materials to complete a formal
General Plan Amendment application with the
Community Development Department. Additionally, an
applicant shall be required to submit formal
applications for a new specific plan, or amendments
to an existing specific plan, and /or applications
GENERAL PLAN PRE - SCREENING APPLICATIONS
PAGE 4
for any change of zoning necessary to ensure
consistency of the requested land use designations
of the proposed General Plan Amendment.
DENIAL- Applicant will be advised in writing of the decision
of the Council and advised of the limitation on any
further General Plan Amendment requests. A new
pre- screening review submittal will be required for
any subsequent filings as permitted by this
procedure.
CONTINUANCE- Applicant will be advised verbally at the pre-
screening review of the date and time for
continuance and the materials or requirements
necessary to aid the Council in its final decision.
Failure of the applicant to provide any required
material or data may result in a denial at the
appointed continuance hearing date.
CRITERIA FOR DECISIONS ON PRE - SCREENING REVIEWS:
In reaching a decision on any General Plan Pre - Screening Review,
the following criteria, included but not limited to, will be used
in making determinations.
APPROVAL
1. Request demonstrates conformity with the adopted
goals, policies and implementation strategies of
the adopted General Plan.
2. Request provides potential for compatibility with
existing and planned uses in the area.
3. Requests which facilitate a significant contribution
to the provision of affordable housing.
4. Projects submitted by other public agencies which
will enhance the public health and safety of the
community.
5. The proposed amendment is in conformity with other
City Council adopted policies.
6. The proposed amendment has the potential to provide,
through the project approval process, public
improvements, public services, public amenities,
and /or financial contributions that the City
Council determines to be of substantial public
benefit to the community.
GENERAL PLAN
PRE - SCREENING APPLICATIONS
PAGE 5
DENIAL:
1.
The request does not demonstrate or is in conflict
with any of the criteria for approval.
2.
Marked similarities between the application and
previously considered requests denied within the
last twelve months in the same general area, or on
the same property or portion thereof.
3.
Requests for intensification or densification within
the boundary area of any project, specific plan or
planned development approved less than one year
prior to the application date.
4.
Creation of an island of substantially higher urban
density, inconsistent with the goals and policies
of the General Plan, in an area of more rural
character.
5.
Requests which are incompatible with adjacent uses
or may induce conflict and /or other
incompatibilities.
6.
Requests clearly in conflict with any urban
restriction limitations criteria adopted by local
ordinance or initiative.
7.
Requests that induce significant impacts upon
viable agricultural uses or diminish prime
agricultural lands.
8.
Requests that significantly impact prime habitat
areas for endangered, threatened or protected
species.
9.
When the request site is located in an area where
the Council has initiated a General Plan
Amendment, zone change, or land use study
scheduled for a public hearing within the next
twelve months.
17.64.010
Chapter 17.64
DENSITY BONUS PROVISIONS
Sections:
17.64.010
Purpose and intent.
17.64.020
Definitions.
17.64.030
Density bonus/incentives.
17.64.040
Housing program — General
requirements.
17.64.050
Standards for restricted units.
17.64.010 Purpose and intent.
The purpose of this chapter is to set forth the standards
and regulations under which density bonuses and other
incentives may be offered by the city to developers of
housing development projects pursuant to State Government
Code Section 65915 et seq. The adopted housing element
of the Moorpark general plan includes a future five (5)
year housing program which describes those actions and
programs which the city will undertake to continue the
maintenance, improvement and development of housing
for all residents of the city. Included as a housing element
program is the offering of density bonuses, consistent with
state law, to developers proposing construction of rental
and ownership housing for very low and low- income
households. It is the intent of the city to encourage the
provision of such housing by providing a density bonus
or equivalent incentive under this chapter. To be eligible,
developers must comply with the terms of this chapter and
enter into an appropriate housing agreement. Neither
Government Code 65915 et seq. nor this chapter require
the provision of direct financial incentives for any housing
development, including the provision of publicly owned
land, or the waiver of fees or dedication requirements. (Ord.
189 § 3 (8116 -0), 1994)
17.64.020 Definitions.
For the purposes of this chapter, unless otherwise appar-
ent from the context, certain words and phrases are defined
as follows:
"Affordable housing agreement" means an agreement
between the developer and the city guaranteeing the
affordability of rental or ownership units to very low or
lower income households in accordance with the provisions
of this chapter.
"Affordable units" means those units in the housing
development for very low or lower income households.
"Director" means the director of community development
or his designee.
"Housing development" means one (1) or more groups
of projects with a minimum of five (5) residential units
392 -1 (Moorpark 7 -01)
�TTA�MENT
under a city residential planned development permit, regard-
less of whether such permit is based upon individual
subdivision maps or parcels.
"Housing program" means the housing development(s)
allowed and agreement(s) entered into pursuant to this
chapter.
"Lower income household" means those households
defined in Section 50079.5 of the Health and Safety Code.
"Qualified household" means a household meeting the
appropriate income or age restrictions.
"Restricted unit" means a unit which is designated for
a specific income or age restriction.
"Senior housing agreement" means an agreement between
the developer and the city guaranteeing the availability
of rental or ownership units to senior residents in accordance
with the provisions of this chapter.
"Senior resident" means a qualifying resident or senior
citizen as defined in Section 51.3 of the California Civil
Code.
"Senior units" means those units in the housing develop-
ment for senior residents.
"Very low income household" means those households
defined in Section 50105 of the Health and Safety Code.
(Ord. 189 § 3 (8116 -1), 1994)
17.64.030 Density bonusAncendves.
A. In accordance with California Government Code
Section 65915, the city council shall either grant a density
bonus and provide one (1) incentive, or shall provide other
incentives of equivalent financial value based upon the
land cost per residential unit, as part of the planned develop-
ment process. to housing developments which provide
housing to qualified households.
B. In the case where a density bonus is granted. an
additional incentive is not required if a written finding is
adopted by the city council that the additional incentive
is not required to provide for affordable rent or affordable
housing costs as defined in Section 17.64.050.
C. Density and Incentives.
1. The increase in density shall be twenty-five percent
(25%) over the otherwise maximum allowable residential
density under the applicable zoning designation and land
use element of the city's general plan.
2. Incentives to be provided by the city, as determined
by the city council, may include but are not limited to the
following:
a. A reduction in R -P -D zone site development stan-
dards by an amount not to exceed twenty percent (2096),
or a reduction in architectural design requirements which
exceed the minimum building standards adopted by the
city; and
393
17.64.020
b. Other regulatory incentives or concessions proposed
by the developer or the city, which result in identifiable
cost reductions.
3. The developer shall demonstrate to the city's satis-
faction that the incentives are necessary in order to develop
affordable units.
D. Qualification Requirements.
1. In order to qualify for a housing program, pursuant
to this chapter, a housing development must meet one (1)
or more of the following criteria:
a. At least twenty percent (20%) of the total units of
the housing development must be set aside for lower income
households; or
b. At least ten percent (10%) of the total units of the
housing development must be set aside for very low income
households; or
c. At least fifty percent (50%) of the total units of
the housing development must be set aside for senior
residents.
2. The density bonus units shall not be included when
determining the number of housing units equal to ten (10)
or twenty percent (20%) of the total.
E. Residential Planned Development (R -P -D) Permit
and Zone Designation Requirements. An R -P -D permit
is required by Section 17.36.030 for any project creating
five (5) or more separate residential lots in the rural agricul-
tural (R -A), rural exclusive (R -E), single - family estate (R-
O). one (1) family residential (R -1) and two (2) family
residential (R -2) zones. Section 17.36.030 et seq. sets forth
the R P -D permit requirements for any project in an R -P -D
zone. For the purposes of this chapter, an R -P -D permit
shall also be required for any project creating five (5) or
more residential units for which a density bonus and/or
other incentive(s) have been requested
F. Maintenance of Affordable or Senior Units. Where
a density bonus and an additional incentive are both granted
or other incentives of equivalent financial value are granted,
the affordable or senior units shall be maintained as such -
for a period of thirty (30) years, unless a longer period
is required due to financing or government programs as
determined by the city. Where only a density bonus is
granted, the affordable or senior units shall be maintained
as such for a period of ten (10) years, unless a longer period
is required due to financing or government programs as
determined by the city.
G. Affordable or Senior Housing Agreement. The
property owner shall be required to enter into an agreement
with the city, which in part ensures to the satisfaction of
the city that the restricted units remain available to the
qualified households for the required period of time. Said
document shall be )mown as the affordable housing agree-
ment or the senior housing agreement, shall be approved
17.64.030
by the city council, shall be recorded, and shall run with
the land. (Ord. 189 § 3 (8116 -2), 1994)
17.64.040 Housing programs -- General
requirements.
A. The density bonus and/or other incentive(s) shall
apply to the affordable ownership housing program the
affordable rental housing program, the senior resident
ownership program, and the senior resident rental program.
B. A developer may submit to the city a preliminary
proposal for a housing development pursuant to this chapter
prior to the submittal of any formal requests for general
plan amendments, zone changes, subdivision map. or R -P -D
permit approvals. lie city council shall, within ninety (90)
days of receipt of a written preliminary proposal, notify
the developer in writing of whether it shall:
1. Grant a density bonus, with or without an incentive;
or
2. Provide other incentives of equivalent financial value.
C. Any developer constructing both twenty percent
(20%) of the total units for lower income households and
ten percent (10 %) of the total units for very low income
households, is entitled to only one (1) density bonus and
at least one (1) additional incentive, identified in subsection
(Cx2) of this section, although the city at its discretion
may grant more than one (1) density bonus.
D. Compatibility. Affordable units developed in con-
junction with a market rate development shall be of similar
design and similar quality as the market rate units. Exteriors
and floor plans of affordable units shall be similar to the
market rate units; interior features, such as luxury flooring.
appliances, and lighting fixtures, need not be the same as
determined by the city.
E. Location. Affordable units shall be dispersed
throughout the housing development rather than clustered
in a single area or a few areas. Siting of the affordable
units within a project shall be approved by the director
in order to ensure disperseL (Ord. 189 13 (8116- 3),1994)
17.64.050 Standards for restricted units.
A. Affordable Ownership Units--Eligibility and Sales
Price.
1. Households shall be eligible to purchase an afford-
able unit if they meet the following criteria:
a. Where at least twenty percent (20%) of the total
units of a housing development are set aside for lower
income households, a person or family shall be eligible
if the household income does not exceed the qualifying
limits for lower income families as established by Section
50079.5 of the Health and Safety Code.
b. Where at least ten percent (10%) of the total units
of a housing development are set aside for very low income
394
households, a person or family shall be eligible if the
household income does not exceed the qualifying limits
for very low income families as established by Section
50105 of the Health and Safety Code.
c. Consideration will be given to households residing
and/or working in Moorpark.
2. Determination of Initial Affordable Unit Sales Price.
Initial prices of affordable units shall be set so that monthly
housing costs do not exceed the following: for lower income
households, housing costs shall not exceed thirty percent
(30%) of seventy percent (70%) of the area median income,
as adjusted for family size appropriate to the unit; and for
very low income households, housing costs shall not exceed
thirty percent (30 %) of fifty percent (50 %) of the area
median income, as adjusted for family size appropriate
to the unit. In no case shall a unit subject to the affordable
housing program be sold at mom than ninety percent (90%)
of the cost of a comparable market rate unit.
a. For purposes of the housing program. monthly
housing costs shall include utilities (sewer, water, gas, trash,
telephone, cable television, and electricity), homeowner
association fees, homeowners insurance, and property taxes,
in addition to the actual mortgage payment.
b. For purposes of the housing program, unless perti-
nent federal standards apply. "adjusted for family size
appropriate to the unit" shall mean one (1) person to a
studio unit. two (2) persons to a one (1) bedroom unit,
three (3) persons to a two (2) bedroom unit, four (4) persons
to a three (3) bedroom unit. and five (5) persons to a four
(4) bedroom unit.
B. Affordable Rental Units Eligibility and Rent.
1. Households shall be eligible to rent an affordable
unit pursuant to the same criteria set forth in subsection
(Axl) of this section.
2. Determination of Initial Affordable Unit Rental
Rates. Initial rents of affordable units shall be set so that
monthly rent does not exceed the following: for. lower
income households, rent shall not exceed thirty percent
(30%) of sixty percent (60%) of area median income, as
adjusted for family size appropriate to the unit; for very
low income households, rent shall not exceed thirty percent
(30%) of fifty percent (50%) of the area median income,
as adjusted for family size appropriate to the unit.
a For purposes of the housing program, monthly rent
shall include a reasonable utility allowance for sewer, water,
gas, trash, telephone, cable television and electricity.
Nothing herein requires the landlord to pay for those
utilities; however, if the landlord does not pay for those
utilities, the rent shall be reduced by an amount equal to
the utility allowance.
b. For purposes of the housing program, unless perti-
nent federal standards apply. "adjusted for family size
nJ� �.,-
appropriate to the unit" shall mean one (1) person to a
studio unit, two (2) persons to a one (1) bedroom unit,
three (3) persons to a two (2) bedroom unit, four (4) persons
to a three (3) bedroom unit, and five (5) persons to a four
(4) bedroom unit.
C. Senior Ownership and Rental Units. Households
shall be eligible to purchase or rent a senior unit if they
meet the following criteria:
a. Where at least fifty percent (50 %) of the total units
of a housing development arc set aside for senior residents,
a person or family shall be eligible if at least one (1) person
is a senior resident.
b. Consideration will be given to households residing
and/or working in Moorpark. (Ord. 189 § 3 (8116-4).1994)
395
1 7.64.050
AFFORDABLE HOUSING/
COMMITTEE DEVELOPMENT COMMITTEE
(Councilmembers Hunter /Harper)
Annotated
Meeting Agenda
Wednesday
October 17, 2001
5:30 p.m.
1) CALL TO ORDER:
The meeting was called to order at 5:40 p.m.
2) ROLL CALL:
Committee members Mayor Hunter and Councilmember Harper
were present. Staff attending the meeting included:
Steven Kueny, City Manager; Wayne Loftus, Community
Development Director; John Libiez, Planning Manager;
Laura Stringer, Senior Management Analyst, Community
Development; Nancy Burns, Redevelopment Senior Management
Analyst.
3) PUBLIC COMMENTS:
None
4) DISCUSSION ITEMS:
A. Consider Request for a General Plan Amendment Pre -
Application Review (Pre- Screen Application No.
2001 -01) to Change the Land Use Designation From
General Commercial (C -2) to Very High Density
Residential (VH) on 9.48 Acres, Located Southerly
of Los Angeles Avenue, West of the Archstone
Apartments and East of Leta Yancy Road. Applicant:
U.S.A. Properties Fund
Wayne Loftus provided the staff report, including a
brief description of the site, proposed project and
recommended improvements. He discussed staff's
2001 -10 -17 cdcaa 10/22/0111.38 AM
recommendation that an adjacent property be included in
the General Plan Amendment study.
John Newton, 165 High Street, Suite 103., Moorpark,
introduced the applicant's representatives, Troy
Estacio, 2440 Professional Drive, Suite 100, Roseville,
CA, 95661; Mike Krantz, 301 E. Ocean Blvd, Suite 1200,
Long Beach, CA 90802; and engineer, Eldon Shierman, 9310
Topanga Canyon Blvd., Chatsworth, CA, 91311, Mr. Newton
provided an overview of the project goals and requested
flexibility regarding staff's recommendation for
property acquisition and street improvements as
conditions of moving the project forward.
Troy Estacio, discussed U.S.A. Properties, Inc.
experience in developing this type of affordable housing
opportunity for people fifty -five (55) years of age and
older. He provided a description of the proposed
project and discussed their experience with parking
ratios and covered parking requirements on other
projects developed and operated by U.S.A. Properties.
Councilmember Harper questioned whether this facility
would accommodate assisted or independent living, and
the level of affordability of the units.
Mr. Estacio responded that this facility was for
independent living and that ten percent (100) of the
units would be for Very Low income with the balance for
Low income. The committee indicated that the level of
affordability would be determined through project
processing.
Councilmember Harper discussed his experience with lack
of guest parking at this type of facility. Details of
appropriate parking, including enclosure and number of
spaces together with details about the project will be
analyzed through the entitlement process, assuming the
full Council authorizes processing.
Discussion occurred between applicant's representatives
and staff concerning the timing of processing and
potential approvals related to applicant's desire to
submit request for tax credit financing, concluding that
concurrent processing of a General Plan Amendment,
Change of Zone and Residential Planned Development was
appropriate, with the entire process potentially taking
a minimum of one year.
By consensus the Committee concluded that the proposed
amendment to the Land Use Element of the General Plan be
sent forward to the City Council with a recommendation
that an amendment of the General Plan be authorized for
processing, subject to study of acquisition of the
single- family home to the northwest, which is zoned
commercial, and study of the requirement for extension
of Park Crest Lane to Unidos Avenue. Additionally,
concurrent processing of all applications required to
develop this project was concluded to be the preferred
procedure,.
ADJOURNMENT:
There being no further business, the meeting adjourned at
6:10 p.m.