HomeMy WebLinkAboutAGENDA REPORT 2017 0726 CCSA REG ADJ ITEM 07B CITY OF MOORPARK,CALIFORNIA
City Council Meeting
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ACTION. [ITEM 7.B.
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.
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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.
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Ordinance No. 451
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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.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Exhibit A—Zoning Ordinance Amendment No. 2017-03
•
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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, orro 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 _ •e e -e--^ ._ . . _
incentives 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
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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. For density bonuses higher than required by state law, the city council
as identified by the housing element of the general plan; and (b) the project will be
- - _ _ _ _ _ _ _ - -• . 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.
1. Concessions and/or incentives determined by the city council necessary in
but are not limited to the following 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):
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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(6)(2) or 17.64.030(6)(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 4.5), 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).
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