HomeMy WebLinkAboutAGENDA REPORT 2017 0719 CCSA REG ITEM 08B ITEM 8.B.
CITY OF MOORPARK,CALIFORNIA
City Council Meeting
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MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: David A. Bobardt, Community Development Director
Freddy A. Carrillo, Associate Planner I
DATE: July 5, 2017 (CC Meeting of 7/19/2017)
SUBJECT: Consider Ordinance 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
BACKGROUND/DISCUSSION
On September 28, 2016, Governor Brown signed into law Assembly Bill Nos. 1934,
2442, 2501 and 2556, amending and expanding the State Density Bonus Law (DBL) in
Section 65915 et seq. of the Government Code. The State DBL had required local
governments to grant increases in allowable density (up to 35%), concessions, and
incentives on other zoning regulations for residential development projects in exchange
for the provision of housing affordable to very low, low, and moderate income
households and senior citizens. Amendments to State law include:
• the addition of housing for transitional foster youth, disabled veterans, and
homeless persons as being eligible for density bonuses, concessions, and
incentives;
• the eligibility of commercial projects for concessions and incentives when
providing affordable housing or housing for qualifying residents,
• the requirement for local government to adopt specific procedures and timelines
for applications for density bonuses, concessions, and incentives, with limits on
the information that can be requested in applications, and
• the amendment of requirements for the replacement of housing with affordability
restrictions.
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Honorable City Council
July 19, 2017
Page 2
The City's existing standards and procedures for obtaining density bonuses,
concessions, and incentives are contained in Chapter 17.64 (Density Bonus Provisions)
of the City's Zoning Ordinance. As the State DBL has historically been amended
frequently, the City's provisions were structured as implementing procedures of the
State DBL to avoid the need for an amendment to the Municipal Code with changes to
the details in the State DBL. However, with the most recent legislation, the City's
provisions now need updating to conform to the State DBL.
On March 15, 2017, the City Council adopted Resolution No. 2017-3586, initiating a
Zoning Ordinance Amendment to address these changes in State DBL. On June 27,
2017, the Planning Commission considered the proposed amendments in the attached
Zoning Ordinance Amendment No. 2017-03 and recommended approval. There were
no speakers at the Planning Commission hearing.
Specific amendments proposed to Chapter 17.64 are shown in Exhibit A of the attached
draft ordinance. The following summarizes the changes to the City's Density Bonus
Provisions in order to conform to the State DBL:
• Housing for transitional foster youth, disabled veterans, and homeless persons is
identified as being eligible for a density bonus, concessions, and incentives.
Under State law, these bonuses, concessions and incentives would be similar to
those currently available for lower income and senior housing.
• Commercial development that includes or partners with a residential project to
provide housing for qualified residents is identified as being eligible for a
development bonus. State law defines a development bonus as a mutually
agreed upon incentive or concession for the commercial development which may
include up to a 20-percent increase in maximum allowable intensity, floor area
ratio, or height, or a up to a 20-percent reduction in parking, or use of a limited-
use/limited application elevator for upper floor access, or other exception to a
zoning ordinance or other land use regulation. It should be noted that the
affordable residential project component of such a joint project does not have to
be on the same site as the commercial development. However, if it is on a
different site, it has to be in the same jurisdiction and in close proximity to
schools, employment, and a major transit stop. State law also does not preclude
an affordable housing developer that has partnered with a commercial developer
from seeking its own density bonuses, concessions, incentives, waivers, or
reductions for the residential component of the project. The section of State law
for commercial development bonuses is set to remain in effect only until January
1, 2022.
• An Application and Timeline section is added to specify what information is
required for an application, and when a decision will be made on the density
bonus application, as is now required under State law.
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Honorable City Council
July 19, 2017
Page 3
In addition to these changes, the City's current provisions for density bonuses higher
than those required by state law are reorganized for clarity, without substantive
changes. The City Attorney's Office has reviewed the draft ordinance and approved it
as to form.
ENVIRONMENTAL DETERMINATION
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.
NOTICING
The notice of the public hearing was published in the Ventura County Star in a 1/8 page
ad on July 9, 2017.
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close the public hearing.
2. Introduce Ordinance No. , approving Zoning Ordinance Amendment No.
2017-03, for first reading, which includes the determination of exemption under
the California Environmental Quality Act, waive full reading, and place this
ordinance on the agenda for an adjourned regular meeting to be held at 6:30
p.m. on July 26, 2017, for purposes of providing second reading and adoption of
the ordinance.
ATTACHMENT:
1. Ordinance No.
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ORDINANCE NO.
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.
CC ATTACHMENT 1 37
Ordinance No.
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.
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Ordinance No.
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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 day of , 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, 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 concessions and/or
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 '- _ _ _ _ - - - . ' _ - . - -. -
_ _ __ _- •_ e e e - -_., 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 pet state density bonus law (Government Code Section 65915 et seq.) a -is
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
must find that: (a) the project will help to meet a local housing need for family housing
as identified by the housing clement of the general plan; and (b) the project will be
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, ander (incentives, waivers, reductions, and/or parking_
ratios.
- - - - •• - -- _ - •: 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-(Reductions 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 4.5), 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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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.
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•
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