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HomeMy WebLinkAboutORD 163 1993 0512ORDINANCE NO. 163 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE MOORPARK ZONING ORDINANCE BY ADDING ARTICLE 16, DENSITY BONUS PROVISIONS, AND REVISING SECTIONS 8103- 1.3 AND 8109 -2.3 PERTAINING TO RESIDENTIAL PLANNED DEVELOPMENT (R -P -D) ZONE DENSITY AND DEVELOPMENT STANDARDS, AND APPROVING USE OF THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE MOORPARK LAND USE AND CIRCULATION ELEMENT UPDATE AND SPHERE OF INFLUENCE EXPANSION STUDY AS THE FINAL EIR FOR THIS ZONING ORDINANCE AMENDMENT WHEREAS, California Government Code Sections 65915 et. seq. require local agencies to adopt an ordinance regulating the provision of density bonuses and other incentives for the promotion of senior and affordable housing; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act and in accordance with the Procedures of the City of Moorpark to Implement CEQA, it has been determined that the proposed amendment to the Zoning Ordinance to incorporate density bonus provisions is consistent with the Final Environmental Impact Report (EIR) for the Moorpark Land Use and Circulation Element Update and Sphere of Influence Expansion Study, which was certified by the City Council on May 13, 1992; and WHEREAS, on March 15, 1993, the Planning Commission held a duly noticed public hearing to consider the proposed Zoning Ordinance amendment and adopted a resolution recommending approval of the density bonus provisions; and WHEREAS, on April 21, 1993, the City Council held a duly noticed public hearing to consider the proposed Zoning Ordinance amendment, took public testimony, closed the public hearing and reached its decision; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. Pursuant to CEQA (Division 13 of the Public Resources Code of the State of California, beginning at Section 21000, the City Council hereby finds that the Final EIR for the Moorpark Land Use and Circulation Element Update and Sphere of Influence Expansion Study, certified by the City Council on May 13, 1992, and the approved Mitigation Monitoring Program, CEQA Findings and Statement of Overriding Considerations, adequately address the impacts which could result from approval of the subject Zoning Ordinance amendment pertaining to density bonus provisions. SECTION 2. The Moorpark Zoning Ordinance is hereby amended by adding Article 16, Density Bonus Provisions, to read as follows: Ordinance No. 163 Page 2 "ARTICLE 16 DENSITY BONUS PROVISIONS Sec. 8116 -0 - PURPOSE AND INTENT - The purpose of this Article 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 -year housing program which describes those actions and programs which the City of Moorpark 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 Article 16 of the Zoning Ordinance. To be eligible, developers must comply with the terms of this Article and enter into an appropriate housing agreement. Neither Government Code 65915 et seq. nor this Article 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. Sec. 8116 -1 - DEFINITIONS - For the purposes of this Article, unless otherwise apparent from the context, certain words and phrases are defined as follows: Affordable Housing Agreement - 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 Article. Affordable Units - Those units in the housing development for very low or lower income households. Director - The Director of Community Development or his designee. Housing Development - One or more groups of projects with a minimum of five residential units under a City residential planned development permit, regardless of whether such permit is based upon individual subdivision maps or parcels. Housing Program - The housing development(s) allowed and agreement(s) entered into pursuant to this Article. Ordinance No. 163 Page 3 Lower Income Household - Those households defined in Section 50079.5 of the Health and Safety Code. Qualified Household - A household meeting the appropriate income or age restrictions. Restricted Unit - A unit which is designated for a specific income or age restriction. Senior Housing Agreement - 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 Article. Senior Resident - A qualifying resident or senior citizen as defined in Section 51.3 of the California Civil Code. Senior Units - Those units in the housing development for senior residents. Very Low Income Household - Those households defined in Section 50105 of the Health and Safety Code. Sec. 8116 -2 - DENSITY BONUS /INCENTIVES Sec. 8116 -2.1 - In accordance with California Government Code Section 65915, the City Council shall either grant a density bonus and provide one incentive, or shall provide other incentives of equivalent financial value based upon the land cost per residential unit, as part of the planned development process, to housing developments which provide housing to qualified households. Sec. 8116 -2.2 - 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 8116 -4. Sec. 8116 -2.3 - Density and Incentives Sec. 8116 -2.3.1 - 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. Sec. 8116 -2.3.2 - Incentives to be provided by the City, as determined by the City Council, may include but are not limited to the following: Ordinance No. 163 Page 4 a. A reduction in R -P -D Zone site development standards by an amount not to exceed twenty percent (20 %), or a reduction in architectural design requirements which exceed 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. Sec. 8116 -2.3.3 - The developer shall demonstrate to the City's satisfaction that the incentives are necessary in order to develop affordable units. Sec. 8116 -2.4 - Oualification Requirements Sec. 8116 -2.4.1 - In order to qualify for a housing program, pursuant to this Article, a housing development must meet one 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. Sec. 8116 -2.4.2 - The density bonus units shall not be included when determining the number of housing units equal to ten (10) or twenty (20) percent of the total. Sec. 8116 -2.5 - Residential Planned Development (R -P -D) Permit and Zone Designation Requirements - A R -P -D Permit is required by Section 8109 -2.0 of the City's Zoning Ordinance for any project creating five ( 5 ) or more separate residential lots in the Rural Agricultural (R -A), Rural Exclusive (R -E), Single Family Estate (R -O), One Family Residential (R -1) and Two - Family Residential (R -2) Zones. Section 8109 -2 et. seq. sets forth the R -P -D Permit requirements for any project in a R -P -D Zone. For the purposes of this Article, a 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. Ordinance No. 163 Page 5 Sec. 8116 -2.6 - 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. Sec. 8116 -2.7 - 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 known as the Affordable Housing Agreement or the Senior Housing Agreement, shall be approved by the City Council, shall be recorded, and shall run with the land. Sec. 8116 -3 - HOUSING PROGRAM - GENERAL REQUIREMENTS Sec. 8116 -3.1 - 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. Sec. 8116 -3.2 - A developer may submit to the City a preliminary proposal for a housing development pursuant to this Article prior to the submittal of any formal requests for General Plan amendments, zone changes, subdivision map, or R -P -D Permit approvals. The City Council shall, within ninety (90) days of receipt of a written preliminary proposal, notify the developer in writing of whether it shall: a. Grant a density bonus, with or without an incentive; or b. Provide other incentives of equivalent financial value. Sec. 8116 -3.3 - Any developer constructing both 20 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 density bonus and at least one additional incentive, identified in Section 8116- 3.3.2, although the City at its discretion may grant more than one density bonus. Ordinance No. 163 Page 6 Sec. 8116 -3.4 - Compatibility - Affordable units developed in conjunction 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. Sec. 8116 -3.5 - 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 dispersal. Sec. 8116 -4 - STANDARDS FOR RESTRICTED UNITS Sec. 8116 -4.1 - Affordable Ownership Units - Eligibility and Sales Price Sec. 8116 -4.1.1 - Households shall be eligible to purchase an affordable 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 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. Sec. 8116 -4.1.2 - 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, Ordinance No. 163 Page 7 as adjusted for family size appropriate to the unit. In no case shall a unit subject to the affordable housing program be sold at more 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 pertinent federal standards apply, "adjusted for family size appropriate to the unit" shall mean one person to a studio unit, two persons to a one - bedroom unit, three persons to a two - bedroom unit, four persons to a three - bedroom unit, and five persons to a four - bedroom unit. Sec. 8116 -4.2 - Affordable Rental Units Eligibility and Rent Sec. 8116-4.2.1 - Households shall be eligible to rent an affordable unit pursuant to the same criteria set forth in Section 8116 - 4.1.1. Sec. 8116 -4.2.2 - 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. Ordinance No. 163 Page 8 b. For purposes of the housing program, unless pertinent federal standards apply, "adjusted for family size appropriate to the unit" shall mean one person to a studio unit, two persons to a one - bedroom unit, three persons to a two - bedroom unit, four persons to a three - bedroom unit, and five persons to a four - bedroom unit. Sec. 8116 -4.3 - 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 are set aside for senior residents, a person or family shall be eligible if at least one person is a senior resident. b. Consideration will be given to households residing and /or working in Moorpark." SECTION 3. Section 8103 -1.3 of the Moorpark Zoning Ordinance is hereby amended to read as follows: "Sec. 8103 -1.3 - Subzones for the R -P -D Zone - The general density in the R -P -D Zone shall be in accordance with a subzone suffix which shall indicate the maximum number of dwelling units per acre, followed by the letter "U." The subzones for the R -P -D Zone may be any number between R- P -D -lU and R- P- D -20U, although R- P -D -15U shall be the maximum residential density unless a density bonus is approved consistent with Article 16 and with Section 5.1 of the General Plan Land Use Element. The City Council may grant a density bonus above the maximum residential density otherwise allowable by the applicable R -P -D zone designation and General Plan Land Use Element designation, not to exceed the density limit specified in the General Plan Land Use Element, to projects which provide housing for senior residents or families of very low or lower income as provided for in Article 16." SECTION 4. Section 8109 -2.3 of the Moorpark Zoning Ordinance is hereby amended to read as follows: "Sec. 8109 -2.3 - Development Standards - Development Standards, including but not limited to building height, minimum lot size, and setbacks for the R -P -D Zone, shall be consistent with the standards and requirements set forth in this Ordinance, unless modified by the City Council. For a housing development project which provides rental or ownership units for senior residents Ordinance No. 163 Page 9 or very low or lower income households, as provided for in Article 16, development standards may be modified by the City Council by an amount not to exceed twenty percent (20%)." SECTION 5. If any section, subsection, sentence, clause, phrase, part, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts, or portions be declared invalid or unconstitutional. SECTION 6. This Ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 7. The City Clerk shall certify to the passage and adoption of this Ordinance; shall enter the same in the book or original ordinances of said City; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published once in the Moorpark News - Mirror, a weekly newspaper of general circulation for the City of Moorpark, as defined in Section 6008 of the Government Code, and which is hereby designated for that purpose. PASSED AND ADOPTED THIS ATTEST: 12th DAY OF MAY , 1993. LL-1 -Mayor of t e City of Moo V ark MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Lillian E. Hare, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 163 was adopted by the City Council of the City of Moorpark at a meeting held on the 12th day of MAY 1993, and that the same was adopted by the following vote: AYES: COUNCILMEMBERS HUNTER, MONTGOMERY, PEREZ, WOZNIAK AND MAYOR LAWRASON NOES: NONE ABSENT: NONE ABSTAIN: NONE WITNESS my hand and the official seal of said City this 13th day of MAY , 1993. illian E. Hare City Clerk PAUL W. LAWRASON JR. SCOTT MONTGOMERY PATRICK HUNTER BERNARDO M. PEREZ JOHN E WOZNIAK Mayor Mayor Pro Tem Coundlmember CoundImembor Counalmember Pnnfad on Recyded f l pni