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Home My WebLink AboutRES PC 2009 544 2009 0626RESOLUTION NO. PC- 2009 -544 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT 2009 -02, AMENDING THE LAND USE ELEMENT, SECTION 5.1, LAND USE CLASSIFICATIONS, RESIDENTIAL DENSITY AND TABLE 2; ZONING ORDINANCE AMENDMENT 2009 -02, AMENDING CHAPTER 17.64 OF THE MOORPARK MUNICIPAL CODE IN ITS ENTIRETY; AND DOWNTOWN SPECIFIC PLAN AMENDMENT NO. 2, AMENDING SECTIONS 2.2.3 AND 2.3.3 OF THE DOWNTOWN SPECIFIC PLAN WHEREAS, at its meeting of May 26, 2009, the Planning Commission conducted a duly- noticed public hearing on General Plan Amendment 2009 -02 amending the Land Use Element, Section 5.1, Land Use Classifications, Residential Density and Table 2; Zoning Ordinance Amendment 2009 -02 Amending Chapter 17.64 of the Moorpark Municipal Code in its entirety; and Downtown Specific Plan Amendment No. 2, amending Sections 2.2.3 and 2.3.3 of the Downtown Specific Plan, received public testimony on the proposed amendments, and after receiving oral and written public testimony, closed the public hearing and reached a decision; and WHEREAS, the Planning Commission concurs with the Planning Director's determination that this project is exempt from the provisions of the California Environmental Quality Act by the general rule that CEQA only applies to projects that may have a significant effect on the environment. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. RECOMMENDATION: The Planning Commission recommends to the City Council approval of General Plan Amendment 2009 -02, amending the Land Use Element, Section 5.1, Land Use Classifications, Residential Density and Table 2; Zoning Ordinance Amendment 2009 -02, amending Chapter 17.64 of the Moorpark Municipal Code in its entirety; and Downtown Specific Plan Amendment No. 2, amending Section 2.2.3 and 2.3.3 of the Downtown Specific Plan as recommended by staff and shown in Exhibits A, B, and C, attached. Resolution No. PC- 2009 -544 Page 2 SECTION 2. CERTIFICATION OF ADOPTION: The Planning Director shall certify to the adoption of this resolution and shall cause a cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: Commissioners Bagwell, Di Cecco, Taillon, Vice Chair Landis, and Chair Hamous NOES: None ABSTAIN: None ABSENT: None PASSED AND ADOPTED this 26th day of May, 2009. Bruce Hamou , Chair J � David A. Bo ardt, Planning Director Exhibit A: Amendment to the Land Use Element Section 5.1, Land Use Classifications, Residential Density and Table 2 Exhibit B: Amendment to Chapter 17.64 of the Zoning Ordinance Exhibit C: Amendment to Sections 2.2.3 and 2.3.3 of the Downtown Specific Plan EXHIBIT A GENERAL PLAN AMENDMENT NO. 2009-02 LAND USE ELEMENT SECTION 5.1 RESIDENTIAL DENSITY AND TABLE 2 Residential Density For each of the residential land use classifications listed in Table 2, the maximum density for new development shall be the density as shown in Column . The City Council may approve a density above ewer bonus over the otherwise maximum residential density, consistent with the State Density Bonus Law (Section 65915 et seq. of the California Government Code) and any density bonus provisions contained in the City Municipal Code. No dDensity bonuses will increase with the percentage of affordable housing provided, but may not exceed 100 %. shall exceed the Table 2 RESIDENTIAL LAND USE DESIGNATIONS Residential Designation A-. Maximum Density* B. ^��tT t=+14 RL Rural Low 1.0 DU /5 Acres 1.26 D 15 nGFe RH Rural High 1.0 DU /Acre, -�Ue L Low 1.0 DU /Acre ^ n� ML Medium Low 2.0 DU /Acre 3-44) 8 M Medium 4.0 DU /Acre 5- 4)UbNsre H High 7.0 DU /Acre i 0.0 DU*iG e VH Very High 15.0 DU /Acre * Maximum development density unless a density bonus is approved consistent with State Density Bonus Law and City Municipal Code. No density bonus shall Fesult iR a density level whiGh exGeeds the Density Limit establoshe d in Table 2 EXHIBIT B ZONING ORDINANCE AMENDMENT NO. 2009 -02 CHAPTER 17.64 DENSITY BONUS PROVISIONS (AMENDED IN ITS ENTIRETY) 17.64.010 Purpose and intent. 17.64.020 Definitions. 17.64.030 Density bonus, concession and incentives. 17.64.040 Housing agreement. 17.64.050 Compatibility with market -rate housing 17.64.010 Purpose and intent. This chapter sets forth the requirements 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 city's intent is to encourage the provision of housing affordable to very low, low, and moderate income households and to encourage the provision of housing for senior citizens consistent with the latest adopted Moorpark General Plan, the requirements of Government Code 65915 et seq. and this chapter. 17.64.020 Definitions. For the purposes of this chapter, unless otherwise apparent from the context, the definitions of Government Code 65915 et seq. shall apply. In addition, the following definition is provided: "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 or to senior citizens in accordance with the provisions of this chapter. 17.64.030 Density bonus, concessions and incentives. A. The city council shall grant a density bonus and /or concessions and /or incentives for eligible residential development projects in accordance with state density bonus law (Government Code Section 65915 et seq.) and this chapter through the approval of a residential planned development permit, development agreement in accordance with chapter 15.40 of the Moorpark Municipal Code, and /or disposition and development agreement in accordance with California Health and Safety Code 33000 et seq., and a housing agreement. B. Density. 1. The increase in the allowable housing units under a density bonus is based on the percentage density increase above that permitted under the existing zoning per state density bonus law (Government Code Section 65915 et seq.) and this chapter. 2. When one hundred percent (100 %) of the units in a housing development project are restricted to be affordable to low or very low income households, a density bonus up to a maximum of one hundred percent (100 %) greater density than allowed by the existing zone may be granted by the city council when considering project entitlements. The one hundred percent (100 %) maximum density bonus is inclusive of all density bonuses allowed under Government Code Section 65915 et seq. and this chapter. 3. When at least sixty percent (60 %) of the units in a housing development project are restricted to be affordable to low or very low income households, a density bonus up to a maximum of seventy -five percent (75 %) greater density than allowed by the existing zone may be granted by the city council when considering project entitlements. The seventy -five percent (75 %) maximum density bonus is inclusive of all density bonuses allowed under Government Code Section 65915 et seq. and this chapter. 4. For density bonuses higher than required by State law, the city council must find that a) the project will help to meet a local housing need identified by the housing element of the general plan and b) the project will be compatible with surrounding development. C. Concessions and /or incentives. 1. Concessions and /or incentives determined by the city council necessary in order to develop affordable units in lieu of or in addition to density bonuses may include but are not limited to the following: a. A reduction in development standards by an amount not to exceed twenty percent (20 %), or a reduction in architectural design requirements beyond the minimum building standards adopted by the city; and b. Other regulatory incentives or concessions proposed by the developer or the city, which result in identifiable cost reductions. 17.64.040 Housing agreement. A housing agreement in a form acceptable to the city council is required as part of the granting of a density bonus. This agreement must meet the minimum requirements of Government Code Section 65915 for continued affordability. 17.64.050 Compatibility with market -rate housing. Affordable housing units provided by a density bonus and developed in conjunction with a market -rate housing development must be of similar design and quality as the market -rate units. Exterior colors and materials and interior floor plans and materials of affordable units must be comparable with the market -rate units. Interior window treatments (i.e. blinds, shutters, and /or curtains), must be provided on all windows of affordable units. Other interior features, such as luxury flooring, upgraded appliances and custom lighting fixtures, need not be the same as market -rate units as determined by the city in the housing agreement. EXHIBIT C DOWNTOWN SPECIFIC PLAN AMENDMENT NO. 2 SECTIONS 2.2.3 (2) AND 2.3.3 2.2.3 Residential Planned Development (RPD) 2. Development Requirements The density range —in the Residential Planned Development area hasve been established to encourage lot consolidation and redevelopment of underdeveloped or declining properties. Density bonuses may be granted by the City Council for a housing development anywhere in the RPD areasThe mnvimum endeF the deTsitybeiUs PFE)gram is 2 sURits/asF he -maxima in accordance with provisions of California Government Code Section 65915 et seg. and Chapter 17.64 of the Moorpark Municipal Code Section 2.3.3 Lot Consolidation and Incentives density beyond the low end of 7 dwelling units per aGFe. This- seetienallows the ferincreased density under certain standards and conditions. 2.3.3 Lot Consolidation and Incentives The maximum density in the High to Very High Density Residential areas can only be achieved when lot consolidation occurs. On the Specific Plan Zoning Map, Figure 6, those areas are zoned RPD 7 - 14 dwelling units per acre. Lot consolidation allows for greater flexibility in site design, potential for reduction in the number of driveways serving the consolidated property and opportunities to more quickly improve a neighborhood. Density bonuses which are granted must be consistent with the requirements of Chapter 17.64 of the Moorpark Municipal Code and the California Government Code 65915 et seg. Without lot consolidation the density bonus in the RPD 7 -14 dwelling units per acre zones will be calculated at 7 du /ac. With lot consolidation the density bonus will be calculated at 14 du /ac. (The remainder of this section is proposed to be deleted since it conflicts with the amendment to the Zoning Ordinance.)