HomeMy WebLinkAboutAGENDA REPORT 1993 0421 CC REG ITEM 09BTO:
FROM:
DATE:
A G E N D A R E P O R T
C I T Y O F M O O R P A R
The Honorable City Council
ITEM' 4g•
' 'OOPPARK, CALIFOPN A
Ofy C I Meetng
of 1993
ACTION:
' _&g1 /63.
K �
Jaime R. Aguilera, Director of Community Development
Prepared by Deborah S. Traffenstedt, Senior Planner J):57-
April 16, 1993 (CC Meeting of 4- 21 -93)
SUBJECT: CONSIDER AN ORDINANCE 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
BACKGROUND
Government Code Sections 65913.5, 65915, 65916, and 65917, specify
density bonus requirements (see Attachment 1). Local governments
are required by Government Code Section 65915(a) to adopt an
ordinance regulating the provision of density bonuses and other
incentives or concessions provided to developers of qualifying
affordable and senior housing projects.
The Planning Commission held a public hearing on March 15, 1993,
for the purposes of consideration of a draft ordinance which will
add density bonus provisions to the City's Zoning Ordinance. The
Planning Commission adopted a resolution recommending City Council
approval of the draft density bonus ordinance (Planning Commission
Resolution is included as Attachment 2 to this report).
Since the Planning Commission hearing, staff has made several minor
modifications to the draft ordinance, primarily for clarification
purposes, including deleting any reference to allowing a density
bonus for projects of less than 5 units. The language reviewed by
the Planning Commission, which would have allowed a density bonus
for projects of two to four units was copied from the City of
Camarillo's Ordinance (which is the basis for the attached draft
ordinance -- Attachment 3). Upon further review, it is staff's
determination that since the State Government Code does not require
local governments to provide a density bonus to projects of less
than five units, and since the City's existing Zoning Ordinance
only requires a Residential Planned Development (R -P -D) Permit for
projects of five or more residential lots, allowing a density bonus
for less than five units is not appropriate. If the City Council
wants to allow increased density for a project of less than five
units, the zone and land use designation can be revised
accordingly.
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The Honorable City Council
April 16, 1993
Page 2
DISCUSSION
Density Bonus Provisions:
Government Code Section 65915 provides that a local government
shall grant a density bonus of at least 25 percent, and an
additional incentive, or financially equivalent incentive(s), to a
developer of a housing development agreeing to construct at least:
a. 20% of the units for lower - income households (generally
defined as 80 percent of area median income, adjusted for
family size); or
b. 10% of the units for very low- income households
(generally defined as 50 percent of area median income,
adjusted for family size); or
C. 50% of the units for senior citizens (generally defined
as persons at least 62 years of age or 55 years of age
with a limitation on the size of the project if the 55
year age threshold is used).
For projects receiving a density bonus, the affordability or senior
status must be guaranteed under Affordable or Senior Housing
Agreements for a period of ten years if a density bonus is
received; thirty years if a density bonus and an additional
incentive or concession is received; or a longer period of time if
required by the financing or subsidies secured for the project.
The density bonus ordinance must specify which of the following
three types of developer incentives will be provided (one of the
types must include procedures for modifying development and zoning
standards):
1. Modify development standards
2. Permit mixed -use zoning within housing development
3. Allow other regulatory incentives
Section 8116 -3.3.2 of the attached draft ordinance identifies that
incentives include but are not limited to:
a. A reduction in site development standards or a
modification of zoning code requirements or 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.
The above language is intended to allow the City flexibility in
determining the type of incentive to be offered. For example, the
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The Honorable City Council
April 16, 1993
Page 3
City Council could offer, as an incentive, a density bonus which
exceeds 25 percent, as long as the total number of dwelling units
did not exceed the density limit specified in the City's Land Use
Element.
The Government Code does not require an additional incentive to be
provided if the jurisdiction adopts a finding that the additional
incentive is not required to provide for affordable rent or
affordable housing costs.
In addition to the density bonus provisions proposed for inclusion
in Zoning Ordinance Article 16, the attached draft ordinance
provides for amendment of Sections 8103 -1.3 and 8109 -2.3. Section
8103 -1.3 pertains to the subzone categories of the R -P -D Zone and
the overall density permitted in that zone. Clarification has been
added that the density limit of the General Plan Land Use Element
cannot be exceeded. Section 8109 -2.3 of the Zoning Ordinance is
proposed to be modified to identify that the City Council may
modify R -P -D Zone development standards for a density bonus project
by an amount not to exceed 20 percent of the standard.
Environmental Assessment:
Staff has determined that 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, adequately addresses the impacts
which could result if residential density is increased up to the
density limit established by the General Plan Land Use Element.
City Council Resolution No. 92 -855 certified the Final EIR and
approved a Mitigation Monitoring Program, Findings, and a Statement
of Overriding Considerations for the Land Use and Circulation
Element Update.
RECOMMENDATION
Adopt an ordinance amending the Moorpark Zoning Ordinance by adding
Article 16, Density Bonus Provisions, and revising Sections 8103-
1.3 and 8109 -2.3 pertaining to R -P -D Zone density and development
standards and introduce the ordinance for first reading.
Attachments:
1. Government Code Sections 65913.5, 65915, 65916, and 65917
2. Planning Commission Resolution
3. Draft Density Bonus Ordinance
JRA /DST
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The Planning and Zoning Law
65913.9. This chapter shall apply to all cities, including charter cities, counties, and cities and counties. Applicability
The Legislature finds and declares that the development of a sufficient supply of housing to meet the needs
of all Californians is a matter of statewide concern.
(Amended by Slats. 1982, Ch. 1355.)
l 65914. (a) In any civil action or proceeding, including but not limited to an action brought pursuant to Section Attorney's fees
21167 of the Public Resources Code, against a public entity which has issued planning, subdivision, or other
approvals for a housing development, to enjoin the carrying out or approval of a housing development or to
secure a writ of mandate relative to the approval of, or a decision to carry out the housing development, the
court, after entry of final judgment and the time to appeal has elapsed, and after notice to the plaintiff or
plaintiffs, may award all reasonably incurred costs of suit, including attorney's fees, to the prevailing public
entity if it finds all of the following:
(1) The housing development meets or exceeds the requirements for low- and moderate- income housing
as set forth in Section 65915.
(2) The action was frivolous and undertaken with the primary purpose of delaying or thwarting the low -
or moderate- income nature of the housing development or portions thereof.
(3) The public entity making application for costs under this section has prevailed on all issues presented
by the pleadings, and, if an intervenor, the public entity actively, through counsel or otherwise, took part on
a continuing basis in the defense of the lawsuit.
(4) A demand for a preliminary injunction was made by the plaintiff and denied by a court of competent
jurisdiction, such denial not having been reversed on appeal, or the action or proceeding was dismissed as
a result of a motion for summary judgment by any defendant, and not reversed on appeal.
(b) In any appeal of any action described in subdivision (a), the reviewing court may award all reasonably
incurred costs of suit, including attorney's fees, to the prevailing public entity if the court reviews and upholds
the trial court's findings with respect to paragraphs (1) to (4), inclusive, of subdivision (a).
(Added by Slats. 1981, Ch. 969.)
Chapter 4.3. Density Bonuses and Other Incentives
65915. (a) When a developer of housing proposes a housing development within the jurisdiction of the local
Incentives for lower
government, the city, county, or city and county shall provide the developer incentives for the production of
income housing
lower income housing units within the development if the developer meets the requirements set forth in
development
subdivisions (b) and (c). The city, county, or city and county shall adopt an ordinance which shall specify the
method of providing developer incentives.
(b) When a developer of housing agrees or proposes to construct at least (1) 20 percent of the total units
of a housing development for lower income households, as defined in Section 50079.5 of the Health and
Safety Code, or (2) 10 percent of the total units of a housing development for very low income households,
as defined in Section 50105 of the Health and Safety Code, or (3) 50 percent of the total dwelling units of a
housing development for qualifying residents, as defined in Section 51.2 of the Civil Code, a city, county,
or city and county shall either (1) grant a density bonus and at least one of the concessions or incentives
identified in subdivision (h) unless the city, county, or city and county makes a written finding that the
additional concession or incentive is not required in order to provide for affordable housing costs as defined
in Section 50052.5 of the Health and Safety Code or for rents for the targeted units to be set as specified in
subdivision (c), or (2) provide other incentives of equivalent financial value based upon the land cost per
dwelling unit.
(c) A developer shall agree to and the city, county, or city and county shall ensure continued affordability
Affordability
of all lower income density bonus units for 30 years or a longer period of time if required by the construction
agreement
or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. Those
units targeted for lower income households, as defined in Section 50079.5 of the liealth and Safety Code,shall
be affordable at a rent that does not exceed 30 percent of 60 percent of area median income. Those units
targeted for very low income households, as defined in Section 50105 of the Health and Safety Code, shall
be affordable at a rent that does not exceed 30 percent of 50 percent of area median income. If a city, county,
or city and county does not grant at least one additional concession or incentive pursuant to paragraph (1) of
subdivision (b), the developer shall agree to and the city, county, or city and county shall ensure continued
affordability for 10 years of all lower income housing units receiving a density bonus.
(d)A developer may submittoa city, county, or city and county a preliminary proposal for the development
of housing pursuant to this section prior to the submittal of any formal requests for general plan amendments,
zoning amendments, or suhdi% ISiun trap .ipproN aS. The city, county, or city and county shall, within 90 days
1992 Pljnnin;:. Zoning, .end De%elopment LwAs • 77
The Planning and Zoning Law
of receipt of a written proposal, notify the housing developer in writing of the procedures under which it will
comply with this section. The city, county, or city and county shall establish procedures for carrying out this
section, which shall include legislative body approval of the means of compliance with this section. The city,
county, or city and county shall also establish procedures for waiving or modifying development and zoning
standards which would otherwise inhibit the utilization of the density bonus on specific sites. These t
procedures shall include, but not be limited to, such items as minimum lot size, side yard setbacks, and
placement of public work improvements.
(e) The housing developer shall show that the waiver or modification is necessary to make the housing units
economically feasible.
(f) For the purposes of this chapter, "density bonus" means a density increase of at least 25 percent over
the otherwise maximum allowable residential density under the applicable zoning ordinance and land use
element of the general plan as of the date of application by the developer to the city, county, or city and county.
The density bonus shall not be included when determining the number of housing units which is equal to 10
or 20 percent of the total. The density bonus shall apply to housing developments consisting of five or more
dwelling units.
(g) "Housing development," as used in this section, means one or more groups of projects for residential
units constructed in the planned development of a city, county, or city and county. For purposes of calculating
a density bonus, the residential units do not have to be based upon individual subdivision maps or parcels.
The density bonus shall be permitted in geographic areas of the housing development other than the areas
where the units for the lower income households are located.
(h) For purposes of this chapter, concession or incentive means any of the following:
(1) A reduction in site development standards or a modification of zoning code requirements or
architectural design requirements which exceed the minimum building standards approved by the State
Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13
of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage
requirements and in the ratio of vehicular parking spaces that would otherwise be required.
(2) Approval of mixed use zoning in conjunction with the housing project if commercial, office, industrial,
or other land uses will reduce the cost of the housing development and if the commercial, office, industrial,
or other land uses are compatible with the housing project and the existing or planned development in the
area where the proposed housing project will be located. �.
(3) Other regulatory incentives or concessions proposed by the developer or the city, county, or city and
county which result in identifiable cost reductions.
This subdivision does not limit or require the provision of direct financial incentives for the housing
development, including the provision of publicly owned land, by the city, county, or city and county, or the
waiver of fees or dedication requirements.
0) if a developer agrees to construct both 20 percent of the total units for lower income households and
10 percent of the total units for very low income households, the developer is entitled to only one density
bonus and at least one additional concession or incentive identified in Section 65913.4 under this section
although the city, city and county, or county may, at its discretion, grant more than one density bonus.
(Amended by Slats. 1984, Ch. 1333. No repealer; Amended by Stars. 1989, Ch. 842; Amended by Stats.
1990, Ch. 31. Effective September 11, 1990; Amended by Stats. 1991, Ch. 1091.)
Condo conversion 65915.5. (a) When an applicant for approval to convert apartments to a condominium project agrees to provide
incentives for tow at least 33 percent of the total units of the proposed condominium project to persons and families of low or
income housing moderate income as defined in Section 50093 of the Health and Safety Code, or 15 percent of the total units
development of the proposed condominium project to lower income households as defined in Section 50079.5 of the Health
and Safety Code, and agrees to pay for the reasonably necessary administrative costs incurred by a city,
county, or city and county pursuant to this section, the city, county, or city and county shall either (1) grant
a density bonus or (2) provide other incentives of equivalent financial value. A city, county, or city and county
may place such reasonable conditions on the granting of a density bonus or other incentives of equivalent
financial value as it finds appropriate, including, but not limited to, conditions which assure continued
affordability of units to subsequent purchasers who are persons and families of low and moderate income or
lower income households.
(b) For purposes of this section, "density bonus" means an increase in units of 25 percent over the numfx r
Of aparunents, to be provided wittiin die existing structure or structures proposed for conversion.
(c) For purloses of this section, "other incentives of equivalent financial value" shall not be construed to
require a city, county, or city and county to provide cash transfer payments or other monetary compensation
but may include the reduction or waiver of requirements which the city, county, or city and county might
othen� ise apply as condition, of conversion ipprov-.d.
"8 • 1992 Planning, Zoninv, and llr%rlopmrnt La���
C
3
The Planning and Zoning Law
(d) An applicant for approval to convert aparunents to a condominium project may submit to a city, county,
or city and county a preliminary proposal pursuant to this section prior to the submittal of any formal requests
for subdivision map approvals. The city, county, or city and county shall, within 90 days of receipt of a written
proposal, notify the applicant in writing of the manner in which it will comply with this section. The city,
county, or city and county shall establish procedures for carrying out this section, which shall include
legislative body approval of the means of compliance with this section.
(e) Nothing in this section shall be construed to require a city, county, or city and county to approve a
proposal to convert apartments to condominiums.
(f) An applicant shall be ineligible fora density bonus or other incentives under this section if the apartments
proposed forconversion constitute a housing development for which a density bonusorother incentives were
provided under Section 65915.
(Added by Stais.1983, Ch. 634.)
65916. Where there is a direct financial contribution to a housing development pursuant to Section 65915
through participation in cost of infrastructure, write -down of land costs, or subsidizing the cost of
construction, the city, county, or city and county shall assure continued availability for low- and moderate -
income units for 30 years. When appropriate, the agreement provided for in Section 65915 shall specify the
mechanisms and procedures necessary to carry out this section.
(Added by Stats. 1979, Ch. 1207. Effective October 2, 1979.)
65917. In enacting this chapter it is the intent of the Legislature that the density bonus or other incentives offered
by the city, county, or city and county pursuant to this chapter shall contribute significantly to the economic
feasibility of lower income housing in proposed housing developments. In the absence of an agreement by
a developer in accordance with Section 65913.5 or 65915, a locality shall not offer a density bonus or any
other incentive that would undermine the intent of this chapter.
(Amended by Stars. 1982, Ch. 1263. Effeclive September 22, 1982; Amended by Stats. 1989, Ch. 842.)
65917.5. (a) As used in this section, the following terms shall have the following meanings:
(1) "Child care facility" means a facility installed, operated, and maintained under this section for the
nonresidential care of children as defined under applicable state licensing requirements for the facility.
(2) "Density bonus" means a floor area ratio bonus over the otherwise maximum allowable density
permitted under the applicable zoning ordinance and land use elements of the general plan of a city, including
a charter city, city and county, or county of:
(A) A maximum of five square feet of floor area for each one square foot of floor area contained in the child
care facility for existing structures.
(B) A maximum of 10 square feet of floor area for each one square foot of floor area contained in the child
care facility for new structures.
For purposes of calculating the density bonus under this section, both indoor and outdoor square footage
requirements for the child care facility as set forth in applicable state child care licensing requirements shall
be included in the floor area of the child care facility.
(3) "Developer" means the owner or other person, including a lessee, having the right under the applicable
zoning ordinance of a city council, including a charter city council, city and county board of supervisors, or
county board of supervisors to make application for development approvals for the development or
redevelopment of a commercial or industrial project.
(4) "Floor area" means as to a commercial or industrial project, the floor area as calculated under the
applicable zoning ordinance of a city council, including a charter city council, city and county board of
supervisors, or county board of supervisors and as to a child care facility, the total area contained within the
exterior walls of the facility and all outdoor areas devoted to the use of the facility in accordance with
applicable state child care licensing requirements.
(b) A city council, including a charter city council, city and county board of supervisors, or county board
of supervisors may establish a procedure by ordinance to grant a developer of a commercial or industrial
project, containing at least 50000 square feet of floor area, a density bonus when that developer has set aside
at least 2,000 square feet of floor area and 3,000 outdoor square feet to be used for a child care facility. The
granting of a bonus shall not preclude a city council, including a charter city council, city and county board
of supervisors, or county board of supervisors from imposing necessary conditions on the project or on the
additional square footage. Projects constructed under this section shall conform to height, setback, lot
coverage, architectural review, site plan review, fees, charges, and other health, safety, and zoning
requirements generally applicable to construction in the /one in which the property is located. A consortium
with more than one developer may be penniuccf to achic%e die threshold amount for the available density
bonus with each developer's density bonus equal to the percenuge participation of the developer. This facility
may be located on the proicct ,�itc or may hC Ikk'ated of f,itc J, aLrecd upon by the developer an,l local agency.
Direct financial
contribution
Policy
Commercial density
bonus
1992 lonin;,,, and Dr�tlopmrnt Laws • 79
RESOLUTION NO. PC -93 -272
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, RECOMMENDING
THAT THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, AMEND 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
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, closed the public hearing, and reached its
decision;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to CEQA (Division 13 of the Public
Resources Code of the State of California, beginning at Section
21000, the Planning Commission recommends that the City Council
find that the certified Final EIR, and approved Mitigation
Monitoring Program, CEQA Findings and Statement of Overriding
Considerations for the Moorpark Land Use and Circulation Element
Update and Sphere of Influence Expansion Study, adequately address
the impacts which could result if residential density is increased
above the maximum density but not exceeding the density limit
established by the General Plan Land Use Element.
SECTION 2. The Planning Commission recommends that the City
Council adopt the attached draft ordinance which would amend the
Moorpark Zoning Ordinance by adding Article 16, Density Bonus
Provisions, and revise Sections 8103 -1.3 and 8109 -2.3 pertaining to
residential Planned Development (R -P -D) Zone density and
development standards.
ATTACHMENT 2
Resolution No. PC -93 -272
Page 2
The action with the foregoing direction was approved by the
following roll call vote:
AYES: Commissioners May, Miller, and Brodsky, and
Chairman Wesner
NOES:
ABSENT:
PASSED, APPROVED, AND ADOPTED THIS 15TH DAY OF MARCH, 1993.
Michael H/ WeSner, Jr., ChahYman
ATTEST:
Celia La Fleur
Administrative Secretary
Attachment: Draft Ordinance