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Home My WebLink AboutORD 451 2017 0726 ORDINANCE NO. 451 AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING ZONING ORDINANCE AMENDMENT NO. 2017-03, AN AMENDMENT TO CHAPTER 17.64 (DENSITY BONUS PROVISIONS) OF TITLE 17 (ZONING) OF THE MOORPARK MUNICIPAL CODE TO ADDRESS CHANGES IN STATE LAW RELATED TO DENSITY BONUSES, CONCESSIONS, AND INCENTIVES, AND DETERMINING THAT THIS ACTION IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, On March 15, 2017, the City Council adopted Resolution No. 2016- 3586, directing the Planning Commission to study, hold a public hearing, and provide a recommendation on a Zoning Ordinance Amendment to address changes in State law related to density bonuses, concessions, and incentives; and WHEREAS, at a duly noticed public hearing on June 27, 2017, the Planning Commission considered Zoning Ordinance Amendment No. 2017-03, an amendment to Chapter 17.64 (Density Bonus Provisions) of Title 17 (Zoning) of the Moorpark Municipal Code to address changes in State law related to density bonuses, concessions, and incentives; and WHEREAS, at its meeting of June 27, 2017, the Planning Commission considered the agenda report and any supplements thereto and written public comments, opened the public hearing and took and considered public testimony both for and against the proposal, closed the public hearing, and after discussion, adopted Resolution No. PC-2017-618, recommending approval of Zoning Ordinance Amendment No. 2017-03; and WHEREAS, at a duly noticed public hearing on July 19, 2017, the City Council considered Zoning Ordinance Amendment No. 2017-03, opened the public hearing and took and considered public testimony both for and against the proposal, closed the public hearing, and discussed and reached a decision on this matter; and WHEREAS, the Community Development Director preliminarily determined that Zoning Ordinance Amendment No. 2017-03 is exempt from the provisions of the California Environmental Quality Act pursuant to Section 15060(b)(3) of the CEQA Guidelines in Title 14, Chapter 3 of the California Code of Regulations, which provide that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and the changes in Zoning Ordinance Amendment No. 2017- 03 do not have the potential for causing a significant effect on the environment in that they are minor changes to implement the provisions of Government Code Section 65915 et seq. (Density Bonuses and Other Incentives) that have changed under Assembly Bills 1934, 2442, 2501, and 2556, signed into law on September 28, 2016. Ordinance No. 451 Page 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, DOES ORDAIN AS FOLLOWS: SECTION 1. ENVIRONMENTAL DETERMINATION: The City Council concurs with the determination of the Community Development Director that Zoning Ordinance Amendment No. 2017-03 is exempt from the provisions of the California Environmental Quality Act pursuant to Section 15060(b)(3) of the CEQA Guidelines in Title 14, Chapter 3 of the California Code of Regulations, which provide that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and the changes in Zoning Ordinance Amendment No. 2017-03 do not have the potential for causing a significant effect on the environment in that they are minor changes to implement the provisions of Government Code Section 65915 et seq. (Density Bonuses and Other Incentives) that have changed under Assembly Bills 1934, 2442, 2501, and 2556, signed into law on September 28, 2016. No further environmental documentation is required. SECTION 2. GENERAL PLAN AND SPECIFIC PLAN CONSISTENCY: The City Council finds Zoning Ordinance Amendment No. 2017-03 to be consistent with the City of Moorpark General Plan and all adopted Specific Plans, in that this ordinance furthers one of the goals of the Land Use Element which calls for a variety of housing types and opportunities for all economic segments of the community. SECTION 3. The City Council hereby approves Zoning Ordinance Amendment No. 2017-03, which amends Chapter 17.64 (Density Bonus Provisions) of Title 17 (Zoning) of the Moorpark Municipal Code to address changes in State law related to density bonuses, concessions, and incentives, as shown in Exhibit A attached. SECTION 4. 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 section, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 5. This ordinance shall become effective thirty (30) days after its passage and adoption. Ordinance No. 451 Page 3 SECTION 6. The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said City; shall make a record of the passage and adoption thereof in the minutes of the proceedings of the City Council at which the same is passed and adopted; and shall publish notice of adoption in the manner required by law. PASSED AND ADOPTED this 26th day of July, 2017. Ja ice S. Parvin, Mayor ATTEST: - Maureen Benson, City Clerk Exhibit A — Zoning Ordinance Amendment No. 2017-03 Ordinance No. 451 Page 4 EXHIBIT A ZONING ORDINANCE AMENDMENT NO. 2017-03 AN AMENDMENT TO CHAPTER 17.64 (DENSITY BONUS PROVISIONS) OF TITLE 17 (ZONING) OF THE MOORPARK MUNICIPAL CODE Chapter 17.64 (Density Bonus Provisions) of Title 17 (Zoning) of the Moorpark Municipal Code is amended as follows: Chapter 17.64 DENSITY BONUS PROVISIONS 17.64.010 Purpose and intent. 17.64.020 Definitions. 17.64.030 Density bonus, concessions and incentives. 17.64.040 Housing agreement. 17.64.045 Application and timeline. 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, and to encourage the provision of housing for transitional foster youth, disabled veterans, and homeless persons 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 extremely low, very low or lower income households, or to senior citizens, transitional foster youth, disabled veterans, or homeless persons, or for providing child care facilities in accordance with the provisions of this chapter and state density bonus law (Government Code Section 65915 et seq.). 17.64.030 Density bonus concessions and incentives. A. The city council shall grant a density bonus and/or concc:sions and/or inc es and, if requested by the applicant, concessions or incentives, and/or waivers or reductions of development standards and/or parking ratios for eligible residential and Ordinance No. 451 Page 5 mixed-use commercial development projects in accordance with state density bonus law (Government Code Section 65915 et seq.) and this chapter through the approval of a residential or mixed-use commercial 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 Section 33000 et seq., and a housing agreement. Commercial developers that partner with housing developers to produce affordable housing may qualify for a development bonus pursuant to Government Code Section 65915.7. 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. 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 for family housing as identified by the housing element of the general plan; and (b) the project will be compatible with surrounding development. The City Council may grant density bonuses higher than required by state law in accordance with the following standards: a. 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 for the life of the project, 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. 3b. 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 for the life of the project, 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. 34. - - -- - • - - - - - - ' - -- - as identified by the housing element of the general plan; and (b) the project will be __ _ - • - e - _ _ e - _ _ • -- . Density bonuses higher than required by state law may not be granted for an age-restricted senior housing projects and housing projects for foster youth, disabled persons, and homeless persons. C. Concessions,. and/or (incentives, waivers, reductions, and/or parking ratios. e - - •_ .. _ _ •- _ _ . •: If requested by the applicant, a qualifying project shall be entitled to at least one of the following incentives or concessions, unless the city council makes the findings required by Government Code Section 65915(d)(1): Ordinance No. 451 Page 6 a. A-rReductions in residential or commercial development standards by an amounts not to exceed twenty percent (20%), or reductions in architectural design requirements beyond the minimum building standards adopted by the city; and b. Other regulatory incentives or concessions, incentives, waivers, reductions, and/or parking ratios proposed by the developer or the city, including those specifically identified in Government Code Section 65915 et seq., which result in identifiable cost reductions. 2. The City Council, in granting higher density bonuses under subsections (B)(2) and (B)(3), is not obligated to grant any additional concessions or incentives beyond those required by state law. 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, concessions, incentives, waivers, reductions, and/or parking ratios. This agreement must meet the minimum requirements of Government Code Section 65915 for continued affordability and those projects granted a density bonus under Section 17.64.030(B)(2) or 17.64.030(B)(3) shall remain affordable to low and very low income households for the life of the project, but in no case less than fifty- five (55) years. 17.64.045 Application and timeline. A. An application for a density bonus shall accompany any other required applications for approval of the residential housing project, including those approvals set forth in Section 17.64.030, and shall include written statements of the following: 1. The extent of the density bonus (i.e., the number of units); 2. The requested concessions, incentives, waivers, reductions, and/or parking ratios authorized per this chapter; and 3. An explanation demonstrating the residential housing project's eligibility for a density bonus. No additional studies or reports beyond those required by state law, including Government Code Section 65915 et seq. shall be required as part of the request. B. The community development director or his or her designee shall inform the applicant for a density bonus whether the application is complete in a time and manner consistent with Government Code Section 65943. C. The city council shall consider and take action on the density bonus application concurrently with other applications for the residential housing project, which shall be processed in accordance with timelines established by State law, including the Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.) the Subdivision Map Act (Government Code Title 7, Division 2), and the California Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13, and California Code of Regulations, Title 14, Chapter 3). Ordinance No. 451 Page 7 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. Ordinance No. 451 Page 8 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 451 was adopted by the City Council of the City of Moorpark at an adjourned regular meeting held on the 26th day of July, 2017 and that the same was adopted by the following vote: AYES: Councilmembers Mikos, Pollock, Van Dam, and Mayor Parvin NOES: None ABSENT: Councilmember Simons ABSTAIN: None WITNESS my hand and the official seal of said City this 26th day of July, 2017. rh Maureen Benson, City Clerk (seal t