HomeMy WebLinkAboutCC ORD 2002-2194 Adds § 18.04.233, emergency shelter, § 18.04.685, transitional housing, Ch. 18.142, residential density bonus and affordable housing incentives, and amendsfollows:
follows:
ORDINANCE NO. 2002-2194
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AMENDING TITLE 18 OF THE NATIONAL CITY MUNICIPAL, CODE
REGARDING HOUSING PROGRAMS, INCLUDING TRANSITIONAL HOUSING
AND EMERGENCY SHELTERS; DENSITY BONUS PROVISIONS, SECOND UNITS,
OTHER AFFORDABLE HOUSING INCENTIVES AND RELATED DEFINITIONS
APPLICANT: CITY OF NATIONAL CITY
CASE FILE NO. A-2002-1
BE IT ORDAINED that the City Council of the City of National City, California
does hereby ordain as follows:
Section 1. That Appendix D of the Land Use Code be amended as follows:
• Add "Transitional Housing" in Use Group 11; Conditional Permit Use Required.
• Add "Emergency Shelter" in Use Group 8, Conditional Permit Use Required
(allowable only in IC and IP Zones) and in Use Group 22, Conditional Use Permit Required.
Section 2. That Section 18.04.685 be added to the Land Use Code to read as
18.04.685 Transitional Housing. "Transitional Housing" means multi -family housing
operated by non-profit institutions and offered for a specified period of time to recently homeless
families and individuals, to prepare them for independent living. "Transitional Housing" may
comprise either an entire property containing multi -family dwellings or a portion of such property.
Section 3. That Section 18.04.233 be added to the Land Use Code to read as
18.04.233 Emergency Shelter. "Emergency Shelter" means any facility, other than a
hotel or motel or a dwelling unit, that provides sleeping accommodations and restroom facilities
to homeless persons on a day-to-day basis.
Section 4. That Subsection G of Section 18.14.160 of the Land Use Code be
amended to read as follows:
G. Second units, or granny flats, as defined in Section 65852.2 of the Government
Code, are prohibited in the, RS-1, RS-2 and RS-E zones. Second units are permitted in all other
residential zones provided they comply with all development standards of the zone.
Section 5. Add Chapter 18.142 to the Land Use Code.
Ordinance No. 2002-2194
Page Two
CHAPTER 18.142
RESIDENTIAL DENSITY BONUS AND
AFFORDABLE HOUSING INCENTIVES
Sections:
18.142.010 Intent and purpose
18.142.020 Definitions
18.142.030 Density Bonus
18.142.040 Additional Development Incentives
18.142.050 Development standards and criteria
18.142.060 Application requirements and review
18.142.070 Findings or conditions for disapproval of a project
18.142.080 Density Bonus Housing Agreement
18.142. 010 Intent and purpose. The intent and purpose of this chapter is to provide
incentives for the production of housing for very low, lower income, or senior households in
accordance with California law; to facilitate the development of affordable housing; and to
implement the goals, objectives and policies of the City's Housing Element.
18.142.020 Definitions. Whenever the following terms are used in this chapter, they
shall have the meaning established below:
A. "Additional Incentives" means any regulatory concessions or incentives which
would result in identifiable cost avoidance or reductions that are offered in addition to a density
bonus, as also specified in California Government Code Subsections 65915 (d) and (h).
Additional incentives may also include direct financial assistance. See Section 18.142.040 of this
chapter.
B. "Affordable rent" means monthly housing expenses, including a reasonable
allowance for utilities, for rental Target Units reserved for Very Low or Lower Income
Households, not exceeding the following calculations:
(1) Very Low Income: 50 percent of the area median income for San Diego
County, adjusted for household size, multiplied by 30 percent and divided by 12.
(2) Low Income: 60 percent of the area median income for San Diego
County, adjusted for household size, multiplied by 30 percent and divided by 12.
C. "Affordable sales price" means a sales price at which Very Low or Low Income
Households can qualify for the purchase of Target Units, calculated on the basis of underwriting
standards of mortgage financing available for the development.
D. "Density Bonus" means a density increase of up to 25 percent over the otherwise
maximum residential density allowable by the applicable zoning designation.
Ordinance No.
Page Three
2002-2194
E. "Density Bonus Housing Agreement" means a legally binding agreement between a
developer and the City or Community Development Commission to ensure that the requirements
of this chapter are satisfied. The agreement, among other things, shall establish: the number of
Target Units, their size, location, terms and conditions of affordability, and production schedule.
See Section 18.142.080 of this chapter.
F. "Density Bonus Units" means those residential units granted pursuant to the
provisions of this chapter that exceed the otherwise allowable maximum residential density for the
development site.
G. "Equivalent Financial Incentive" means a monetary contribution, based upon a land
cost per dwelling unit value, equal to one of the following:
(1) A Density Bonus and an Additional Incentive(s); or
(2) A Density Bonus, where an additional Incentive(s) is not requested or is
determined to be unnecessary. See Section 4 of this Chapter.
H. "Housing Cost" means the sum of actual or projected monthly payments for all of
the following associated with for -sale Target Units: principal and interest on a mortgage loan,
including any loan insurance fees, property taxes and assessments, fire and casualty insurance,
property maintenance and repairs, homeowner association fees, and a reasonable allowance for
utilities.
I. "Housing Development" means construction projects consisting of five or more
residential units, including single-family, multi -family, and mobilehomes for sale or rent, pursuant
to this Chapter.
J. "Lower Income Household" means households whose income does not exceed the
lower income limits applicable to San Diego County, as published and periodically updated by the
State Department of Housing and Community Development pursuant to Section 50079.5 of the
California Health and Safety Code.
K. "Maximum Residential Density" means the maximum number of residential units
permitted by the City's General Plan Land Use Element and Land Use Code at the time of
application, excluding the provisions of this Chapter. If the housing development is within a
Planned Development or any other Overlay Zone that may require discretionary review, the
maximum permitted density shall be determined on the basis of the General Plan and the
underlying Zone.
L. "Non -Restricted Unit" means all units within a Housing Development excluding
the Target Units.
M. "Qualifying Resident" means senior citizens or other persons eligible to reside in
Senior Citizen Housing.
N. "Senior Citizen Housing" means a housing development consistent with the
California Fair Employment and Housing Act (Government Code Section 12900 et. Seq.,
including 12955.9 in particular), which has been "designed to meet the physical and social needs
of senior citizens," and which otherwise qualifies as "housing for older persons" as that phrase is
Ordinance No. 2002-2194
Page Four
used in the federal Fair Housing Amendments Act of 1988 (P.L. 100-430) and implementing
regulations (24 CFR, part 100, subpart E), and as that phrase is used in California Civil Code
Section 51.2 and 51.3.
O. "Target Unit" means a dwelling unit within a Housing Development that will be
reserved for sale or rent to, and affordable to, Very Low or Lower Income Households, or
Qualifying Residents.
P. "Very Low Income Household" means households whose income does not exceed
the very low-income limits applicable to San Diego County, as published and periodically updated
by the State Department of Housing and Community Development pursuant to Section 50105 of
the California Health and Safety Code.
18.142.030 Density Bonus. A. As provided by state law and pursuant to standards
and criteria specified in Section 18.142.050, the city may grant a density increase of 25 percent
above the maximum residential density allowed by the applicable zone.
B. In calculating the minimum number of additional dwelling units to be permitted
pursuant to this Section, the Maximum Residential Density for the site, allowable by the
applicable Zone, shall be multiplied by .25. Any fractions of units shall be rounded to the next
larger whole number.
C. In calculating the required number of dwelling units affordable to Lower Income
or Very Low Income Households, any decimal fraction resulting from the applicable percent of
the total units shall be rounded to the next larger whole number.
D. In cases where a density increase of less than 25 percent is requested, no reduction
will be allowed in the required number of dwelling units affordable to Lower Income or Very Low
Income Households.
18.142.040 Additional Development Incentives. A. As also provided by State law and
pursuant to standards and criteria specified in Section 18.142.050, the City may grant one or more
incentives in addition to the 25 percent density bonus described in Section 18.142.030, subject to
receiving evidence from the applicant substantiating that the incentive(s) is (are) required for
economic feasibility of the development in accordance with State law.
However, the City shall deny a request for an additional incentive if it makes a written
finding that additional concessions are not necessary to make the housing development
economically feasible and are not necessary to accommodate a density bonus for the project to be
affordable to very low or low income households or senior households.
B. The need for incentives will vary for different Housing Developments. Therefore,
the allocation of Additional Incentives shall be determined on a case -by -case basis. The City may
grant Additional Incentives including, but not limited to, any of the following:
(1) A reduction of one or more site development standards or modification of
design requirements of the Land Use Code which exceed the minimum building standards
Ordinance No. 2002-2194
Page Five
approved by the California Building Standards Commission provided in Part 2.5 (commencing
with Section 18901) of Division 13 of the California Health and Safety Code. These may include,
but are not limited to, one or more of the following:
(a) Reduced minimum lot sizes and/or dimensions.
(b) Reduced minimum side yard setbacks.
(c) Reduced minimum required private or common open space.
(d) Increased maximum lot coverage.
(e) Increased maximum building height and/or stories.
(f) Reduced on site parking standards, including the number of, size of,
and location of spaces and garage requirements, and allowing for tandem parking or reduction in
area for maneuvering of vehicles.
(g) Reduced minimum building separation requirements.
(2) Allow the Housing Development to include non-residential uses and/or
allow the Housing Development within a non-residential zone, pursuant to requirements of
Chapter 18.140 of this Title. However, an Amendment to the Combined General Plan/Zoning
Map would be necessary unless the development site is already in a Zone that permits mixed use
development, i.e., the CG, CL or CT Zones.
(3) Other regulatory incentives or concessions proposed by the developer or
the City which result in identifiable cost reductions or avoidance.
(4) Any additional density bonus beyond the 25% bonus.
(5) Waived, reduced, or deferred planning, plan check, construction permit,
and/or development impact fees.
(6) Direct financial aid (e.g., redevelopment set -aside, Community
Development Block Grant funding) in the form of a loan or a grant to subsidize or provide low
interest financing for on or off site improvements, land or construction costs.
C. The City may offer an Equivalent Financial Incentive in lieu of granting a Density
Bonus and an Additional Incentive(s). The value of the Equivalent Financial Incentive shall equal
at least the land cost per dwelling unit savings that would result from a Density Bonus, and from
an additional incentive if required, and must contribute significantly to the economic feasibility of
providing the required number of dwelling units affordable to Lower Income or Very Low
Income Households pursuant to this Chapter.
18.142.050 Development standards and criteria. Any housing development for which
a density bonus or additional incentive is granted shall comply with the following standards:
A. The project shall include at least five dwelling units;
B. (1) At least 20 percent of the total units of the Housing Development shall be
affordable to Lower Income Households; or
(2) At least 10 percent of the total units of the Housing Development shall be
affordable to Very Low Income Households; or
(3) At least 50 percent of the total units shall be Senior Citizen Housing.
Ordinance No. 2002-2194
Page Six
C. Target Units (for sale or rent to, and affordable to, Very Low or Lower Income
Households, or Qualifying Residents) shall remain restricted and affordable to the designated
group for a period of 30 years (or a longer period of time if required by the construction or
mortgage financing assistance program, mortgage insurance program, or rental subsidy program),
under the following circumstances:
(1) Both a Density Bonus and an Additional Incentive(s) is granted; or
(2) An Equivalent Financial Incentive equivalent to a Density Bonus and an
Additional Incentive(s) is granted.
D. Target Units (affordable to Very Low or Lower Income Households, or Qualifying
Residents) shall remain restricted and affordable to the designated group for a period of 10 years
under the following circumstances:
(1) Only a Density Bonus is granted and no Additional Incentives are granted;
or
(2) An Equivalent Financial Incentive equivalent to only a Density Bonus is
granted.
E. The design and appearance of the Target Units (affordable to Very Low or Lower
Income Households, or Qualifying Residents) shall be compatible with the design of the total
Housing Development. Housing Developments shall comply with all applicable development
standards, except those that may be modified as provided by this Chapter.
F. Circumstances may arise in which the public interest would be served by allowing
some or all of the Target Units associated with one Housing Development to be produced and
operated at an alternative site. Where the developer and the City form such an agreement, the
resulting linked developments shall be considered a single Housing Development for purposes of
this Chapter. Under these circumstances, the developer shall be subject to the same requirements
of this Chapter for the Target Units to be provided on the alternative site.
G. A Density Bonus Housing Agreement shall be made a condition of the
discretionary planning permits (e.g., tentative tract maps, tentative parcel maps, site plans,
planned development or conditional use permits, etc.) for all Housing Developments pursuant to
this Chapter. The Agreement shall be recorded as a restriction on the parcel or parcels on which
the Target Units will be constructed. The Agreement shall be consistent with Section 18.142.080
of this Chapter.
H. Development involving a density bonus or incentives shall be approved only if it is
determined that the requirements of this Chapter are satisfied.
I. Target units may be rented or sold only in accordance with this Chapter.
18.142.060 Application requirements and review. A. Preliminary Application. An
application/developer proposing a Housing Development pursuant to this 'Section shall submit a
preliminary application prior to the submittal of any formal request for approval. Applicants are
encouraged to schedule a pre -application conference with the Planning Department, involving
participation of Community Development Commission staff, to discuss and identify potential
application issues. A preliminary application shall include the following information:
Ordinance No. 2002-2194
Page Seven
(1) A brief description of the proposed development, including the total
number of units; Target Units reserved for sale or rent to, and affordable to, Very Low or Lower
Income Households, or Qualifying Residents; and Density Bonus Units proposed.
The Combined General Plan/Zoning designations and Assessor Parcel
Number(s) of the project site.
(2) A vicinity map and preliminary site plan, drawn to scale, including building
footprints, driveway and parking layout.
(3) Information on whether the proposal would result in an increase of lower
income households in a neighborhood that already has a high number of lower income
households.
(4) If an Additional Incentive(s) is requested, the application should describe
why the Additional Incentive(s) is necessary to provide and reserve the Target Units for sale or
rent to, and affordable to, Very Low or Lower Income Households, or Qualifying Residents; and
Density Bonus Units proposed; in accordance with Section 18.142.040 of this Chapter.
(5) The developer/applicant should also submit the project pro -forma,
outlining revenue sources and expenses.
B. Within a maximum 90-days of receipt of the preliminary application the City
Planning Director shall provide to an applicant/developer, a letter that identifies project issues of
concern and describes the process for project review and approval. The Planning Director or
designated staff shall consult with the Executive Director of the City's Community Development
Commission in evaluating the request.
C. Requests for a Density Bonus, Additional Incentive(s) or in -lieu financial incentive
pursuant to this Chapter, shall be processed pursuant to procedures in Chapter 18.116 for
approval of a Conditional Use Permit and concurrently with any other application(s) required for
the development. Final approval or disapproval of these requests (with right of appeal to the City
Council) shall be made by the Planning Commission unless appealed to the City Council or unless
any other required application requires City Council approval.
D. Appeal Procedure. The decision of the Planning Commission to approve or deny a
request for a Density Bonus, Additional Incentive(s) or in -lieu financial incentive pursuant to this
Chapter may be appealed to the City Council pursuant to procedures for appeal of other
discretionary permit applications that are concurrently considered, including but not limited to
subdivisions, conditional use permits, planned development permits and planned unit development
permits. If no other discretionary permit applications are concurrently considered, the decision of
the Planning Commission may be appealed pursuant to procedures specified in Chapter 18.116.
18.142.070 Findings or conditions for disapproval of a project. A housing development
pursuant to this section shall not be disapproved unless one of the following findings can be made.
A. A Housing Element has been adopted and the development project is not needed
to meet the City's share of the regional housing need of low income or very low-income housing.
Ordinance No. 2002-2194
Page Eight
B. The development project as proposed would have a specific adverse impact upon
the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the
specific adverse (significant unavoidable) impact without rendering the development unaffordable
to low and very low, income households.
C. The denial of the project or imposition of conditions is required in order to comply
with specific State or Federal law, and there is no feasible method to comply without rendering
the development unaffordable to low and very low-income households.
D. Approval of the development project would increase the concentration of lower
income households in a neighborhood that already has a disproportionately high number of lower
income households and there is no feasible method of approving the development at a different
site, including those sites identified pursuant to Paragraph (1) of Subdivision (c) of Government
Code Section 65583, without rendering the development unaffordable to low and very low
income households.
E. The development project is proposed on land zoned for resource preservation that
is surrounded on at least two sides by land being used for resource preservation purposes; or the
project does not have adequate water or wastewater facilities to serve the project.
F. The development project is inconsistent with the City's Land Use Code and
General Plan land use designation as the General Plan existed on the date the application was
deemed complete, and the City has an adopted Housing Element.
18.142.080 Density Bonus Housing Agreement. A. Applicants/Developers requesting
a Density Bonus or an Additional Incentive(s), shall (draft and) agree to enter into a Density
Bonus Housing Agreement with the City. The terms of the draft agreement shall be reviewed and
revised as appropriate by the Executive Director of the City's Community Development
Commission.
B. Following execution of the agreement by all parties, the completed Density Bonus
Housing Agreement, or memorandum thereof, shall be recorded and the conditions therefrom
filed and recorded on the parcel or parcels designated for the construction of Target Units. The
approval and recordation shall take place prior to final map approval, or, where a map is not being
processed, prior to issuance of building permits for such parcels or units. The Density Bonus
Housing Agreement shall be binding to all future owners and successors in interest.
C. The Density Bonus Housing Agreement shall include at least the following:
(1) The total number of units approved for the Housing Development,
including the number of Target Units.
(2) A description of the household income group to be accommodated by the
Housing Development, as outlined in Section 18.142.050 of this Chapter, and the standards for
determining the corresponding Affordable Rent or Affordable Sales Price and Housing Cost.
(3) The location, unit sizes (square feet), and number of bedrooms of Target
Units.
(4) Tenure of use restrictions for Target Units of at least 10 or 30 years, in
accordance with Section 18.142.050 of this Chapter.
Ordinance No. 2002-2194
Page Nine
(5) A schedule for completion and occupancy of Target Units.
(6) A description of the Density Bonus, Additional Incentive(s) or Equivalent
Financial Incentives being provided by the City.
(7) A requirement to submit to the Executive Director of the City's
Community Development Commission for his review and approval an Affirmative Marketing
Plan, which details the actions the developer/applicant will take to provide information and
otherwise attract eligible persons to the available housing without regard to race, sex, sexual
orientation, marital status, familiar status, color, religion, national origin, ancestry, handicap, age
or any other category which may be defined by law now or in the future.
(8) A description of remedies for breach of the agreement by either party (The
City may identify tenants or qualified purchasers as third party beneficiaries under the agreement).
(9) Other provisions to ensure implementation and compliance with this
Chapter.
D. In the case of for -sale Housing Developments, the Density Bonus Housing
Agreement shall provide for the following conditions governing the initial sale and use of Target
Units during the applicable use restriction period:
(1) Target Units shall, upon initial sale, be sold to eligible Very Low or Lower
Income Households at an Affordable Sales Price and Housing Cost, or to Qualified Residents
(i.e., maintained as Senior Citizen Housing) as defined by this Chapter.
(2) Target Units shall be initially owner -occupied by eligible Very Low or
Lower Income Households, or by Qualified Residents in the case of Senior Citizen Housing.
(3) Target Units, if later rented by the owner, should be made available to
eligible Very Low or Lower Income Households at an Affordable Rent, or to Qualified Residents
(i.e., Senior Citizens) as defined by this Chapter.
(4) The initial purchaser of each Target Unit shall execute an instrument or
agreement approved by the City restricting the sale or rental of the Target Unit in accordance with
this ordinance during the applicable use restriction period. Such instrument or agreement shall be
recorded against the parcel containing the Target Unit and shall contain such provisions as the
City may require to ensure continued compliance with this Chapter and the State Density Bonus
Law.
E. In the case of rental Housing Developments, the Density Bonus Housing
Agreement shall provide for the following conditions governing the use of Target Units during the
use restriction period:
(1) The rules and procedures for qualifying tenants, establishing Affordable
Rent, filling vacancies, and maintaining Target Units for qualified tenants;
(2) Provisions requiring owners to verify tenant incomes on an annual basis
and maintain books and records to demonstrate compliance with this chapter.
Ordinance No. 2002-2194
Page Ten
(3) Provisions requiring owners to submit an annual report to the City, which
includes the name, address, household size and income of each household occupying Target
Units, and which identifies the bedroom size and monthly rent or cost of each Target Unit.
Section 6. That the City Council finds that the proposed Code Amendment, which
addresses transitional housing and emergency shelters; density bonus provisions, second units,
other affordable housing incentives and related definitions, is consistent with the City's General Plan
and State law for the following reasons:
• The amendment will carry out Housing Element Programs and comply with
requirements of State law addressing where transitional housing and emergency shelters may be
permitted and how density bonuses and additional incentives may be approved;
• The amendment will carry out Housing Element Programs and comply with
requirements of State law addressing criteria for approval of density bonuses and additional incentives
for affordable housing; and
• The amendment will clarify the intent of adopted City procedures regarding provision
of second units except in Zones where only one dwelling per lot is allowed.
Section 7. That the City has considered possible standards for transitional housing and
emergency shelters, and concluded that standards shall be determined through the Conditional
Use Permit procedure.
Section 8. That the proposed amendment is exempt from the California Environmental
Quality Act (CEQA), on the basis that there is no possibility that the proposal will have a
significant environmental effect, since the amendment will not modify any zoning designations and
will not result in an increase of intensity of use for any property beyond that mandated by State
law, and recommended Code provisions will carry out State -mandated programs and would
require discretionary review of specific proposals.
PASSED and ADOPTED this 19TH day of FEBRUARY
APPROVED AS TOJURM:
IC
George H. Eiser, III
City Attorney
, 2002.
George H. Wters, Mayor
Passed and adopted by the Council of the City of National City, California, on February 19,
2002, by the following vote, to -wit:
Ayes: Councilmembers Beauchamp, Inzunza, Morrison, Zarate. Waters.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: GEORGE H. WATERS
By:
Mayor of the City of National City, California
f National City, California
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar
days had elapsed between the day of its introduction and the day of its final passage, to wit, on
February 5, 2002, and on February 19, 2002.
I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that
the reading of said ordinance in full was dispensed with by a vote of not less than a majority of
the members elected to the Council and that there was available for the consideration of each
member of the Council and the public prior to the day of its passage a written or printed copy of
said ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of
ORDINANCE NO. 2002-2194 of the City Council of the City of National City, passed and
adopted by the Council of said City on February 19, 2002.
City Clerk of the City of National City, California
By:
Deputy