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HomeMy WebLinkAbout669ORDINANCE NO. 669 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE ADDING CHAPTER 17.14 TO THE CITY OF IRWINDALE MUNICIPAL CODE REGARDING DENSITY BONUS IN RESIDENTIAL ZONES WHICH WILL AFFECT RESIDENTIAL PROPERTIES CITYWIDE AND CHAPTER 17.26 TO THE CITY OF IRWINDALE MUNICIPAL CODE REGARDING REASONABLE ACCOMMODATION WHEREAS, The City of Irwindale, 5050 Irwindale Avenue, Irwindale, CA 91706, the Applicant, has made a request to add Chapters 17.14 and 17.26 - Zone Ordinance Amendment No. 2-13 (ZOA 2-13) ("Amendment") for the amendment of the Irwindale Municipal Code (IMC) to provide for a residential density bonus and address reasonable accommodation in housing. WHEREAS, Pursuant to the authority and criteria contained in the California Environmental Quality Act ("CEQA") and the CEQA guidelines, it has been determined that the proposed Amendment is categorically exempt under Section 15061(b)(3) of the CEQA Guidelines in that CEQA applies only to projects which have the potential for causing a significant impact on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant impact on the environment, that activity is not subject to CEQA. WHEREAS, The State of California enacted changes to Government Code Sections 65915 through 65918, known as the State Density Bonus Law, through the enactment of Senate Bills 1818 and 435 and Assembly Bill 2280, effective January 1, 2005, January 1, 2006, and January 1, 2009, respectively. WHEREAS, The State of California enacted changes to the Housing Element Law pertaining to Reasonable Accommodation through the enactment of Senate Bill 520, amending Government Code Section 65008 and 65583, to be adopted in all Housing Elements of the General Plan after January 1, 2002. WHEREAS, On April 17, 2013, the Planning Commission conducted a duly noticed public hearing, as required by law, on the Amendment and recommended that the City Council approve the Amendment, subject to the approval of an ordinance, which would detail the specific conditions under which such portion of the Zone Ordinance Amendment was approved. WHEREAS, On May 8, 2013, the City Council conducted a duly noticed public hearing and a first reading of the Amendment, as required by law, to approve the subject Amendment which would add Chapters 17.14 "Density Bonus" and 17.26 "Reasonable Accommodation" to the Irwindale Zoning Code to bring the IMC in compliance with the State Density Bonus Law, Federal Fair Housing Amendments Act of 1988, and the State Fair Employment and Housing Act. The Amendment would encourage the development of affordable housing and provide reasonable accommodations for housing designed for persons with disabilities. Ordinance No. 669 Page 1 WHEREAS, All legal prerequisites to the adoption of this Ordinance have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council finds that the above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Chapter 17.14 "Density Bonus" of the Irwindale Zoning Code, shall be added as follows: Irwindale, California, Code of Ordinances >> Title 17 - ZONING >> Chapter 17.14 - DENSITY BONUS Chapter 17.14— DENSITY BONUS Sections: 17.14.010 — Purpose and Intent. 17.14.020 — Definitions. 17.14.030 — Implementation. 17.14.040 — Development Standards. 17.14.050 — Development Incentives. 17.14.060 — Parking. 17.14.070 — Child Care Facility. 17.14.080 — Application Requirements and Review. 17.14.090 — Density Bonus Housing Agreement. 17.14.100 — Findings. 17.14.010 - Purpose and Intent. This Chapter is intended to provide incentives for the production of housing for Very Low-, Low-, and Moderate-Income households in accordance with Sections 65915 through 65918 of the California Government Code. In enacting this Chapter, it is the intent of the City of Irwindale to facilitate the development of affordable housing and to implement the goals, objectives, and policies of the City's Housing Element. 17.14.020 - Definitions. For the purposes of in this Chapter, the following words, terms, and phrases shall have the meanings indicated this Section. A. "Affordable Rent" means monthly payments and housing expenses, including a reasonable allowance for utilities, for rental Target Units reserved for Extremely Low-, Very Low-, and Low-Income households, as defined by Section 50053 of the California Health and Safety Code, not exceeding the calculations below. In the event a project receives state and/or federal funding, the affordable rents under those funding sources may apply. Ordinance No. 669 Page 2 1. Extremely Low-Income — Less than 30 percent of the area median income for Los Angeles County, adjusted for household size, multiplied by 30 percent and divided by 12. 2. Very Low-Income — Less than 50 percent of the area median income for Los Angeles County, adjusted for household size, multiplied by 30 percent and divided by 12. 3. Low-Income — 50 to 80 percent of the area median income for Los Angeles County, adjusted for household size, multiplied by 30 percent and divided by 12. B. "Affordable Sales Price" means an affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code at which Moderate-Income households can qualify for the purchase of Target Units, calculated on the basis of underwriting standards of mortgage financing available for the development. C. "Child Care Facility" means a child day care facility other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and school-age child care centers. D. "Density Bonus" means a density increase over the otherwise maximum residential density as of the date of application by the application or developer to the City. E. "Density Bonus Housing Agreement" means a legally binding agreement in form and substance satisfactory to the City, between an applicant and/or developer and the City that complies with the requirements of this Chapter and ensures that the restrictions required by this Chapter are satisfied. The Agreement, among other things, shall establish the minimum number of required Target Units, their size, location, terms and conditions of affordability, and production schedule. Refer to Section 17.14.090 (Density Bonus Housing Agreement) of this Chapter. F. "Density Bonus Units" means those residential units granted pursuant to the provisions of this Chapter which exceed the otherwise Maximum Residential Density for the development site. G. "Development Incentives" means such regulatory concessions as specified in California Government Code Subsections 65915(d) and (h) to include, but not be limited to, the reduction of site development standards or zoning code requirements, direct financial assistance, approval of mixed-use zoning in conjunction with the housing development, or any other regulatory incentive which would result in identifiable cost avoidance or reductions that are offered in addition to a Density Bonus. Refer to Section 17.14.050 (Development Incentives) of this Chapter. Ordinance No. 669 Page 3 H. "Equivalent Financial Incentive" means a monetary contribution, based upon a land cost per dwelling unit value, equal to a Development Incentive. I. "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. J. "Housing Development" means projects consisting of five or more residential units, including single-family, multiple-family, and mobile homes for sale or rent, pursuant to this Chapter and as defined in California Government Code Section 65915(i). K. "Maximum Residential Density" means the maximum number of residential units permitted by the City's General Plan Community Development Element and Zoning Ordinance, whichever is greater, at the time of application, excluding the provisions of this Chapter. L. "Non-Restricted Units" means residential units that do not have a restricted rent limit. M. "Senior Citizen Housing Development" means a housing development for senior citizens as defined in Sections 51.3 and 51.12 of the California Civil Code or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the California Civil Code. N. "Target Unit(s)" means a dwelling unit within a Housing Development which will be reserved for sale or rent to an Extremey Low-, Very Low-, Low-, or Moderate-Income household. 17.14.030 - Implementation. A. Density Bonus. The City shall grant a Density Bonus and reduced parking ratios, Development Incentive(s), or an Equivalent Financial Incentive, as set forth in Section 17.14.050 (Development Incentives) of this Chapter, to an applicant or developer of a Housing Development, who agrees to provide the following requirements of this Section, unless written findings are made in accordance with the provisions of Section 17.14.100 (Findings): 1. At least 1 of the Target Units in the Housing Development is affordable to an Extremely Low-Income household and/or restricted to senior citizens as defined in Section 51.3 and 51.12 of the California Civil Code; 2. A minimum of 5 percent of the total units of the Housing Development as Target Units affordable to Very Low-Income households; or Ordinance No. 669 Page 4 3. A minimum of 10 percent of the total units of the Housing Development as Target Units affordable to Low-Income households; or 4. A minimum of 10 percent of the total units of a condominium or Planning Unit Development (PUD) Housing Development as Target Units affordable to Moderate-Income households, provided that each unit within the Housing Development is offered to the public for purchase; or 5. A Senior Citizen Housing Development or mobile-home park that limits residency based on age requirements for housing for older persons. B. Density Bonus Calculations. An applicant or developer requesting a Density Bonus shall calculate the Maximum Density Bonus for the Housing Development using Tables 1, 2, or 3, according to the number and type of affordable units proposed. If the Housing Development includes an Extremely Low-income unit pursuant to Section 17.14.030A, the Housing Development shall receive a 20 percent Density Bonus. An applicant or developer may elect to accept a lesser percentage of Density Bonus. When calculating the number of permitted Density Bonus Units, any fractions of units shall be rounded to the next whole number. TABLE 2: LOW-INCOME DENSITY BONUS TABLE 1: VERY LOW-INCOME DENSITY BONUS % of Very Low- Income Units % Density Bonus 5 20 6 22.5 7 25 8 27.5 9 30 10 32.5 11 35 % of Low- Income Units % Density Bonus 10 20 11 21.5 12 23 13 24.5 14 26 15 27.5 16 29 17 30.5 18 32 19 33.5 20 35 Ordinance No. 669 Page 5 TABLE 3: MODERATE-INCOME DENSITY BONUS % of Moderate- Income Units % Density Bonus 10 5 11 6 12 7 13 8 14 9 15 10 16 11 17 12 18 13 19 14 20 15 21 16 22 17 23 18 24 19 25 20 % of Moderate- Income Units % Density Bonus 26 21 27 22 28 23 29 24 30 25 31 26 32 27 33 28 34 29 35 30 36 31 37 32 38 33 39 34 40 35 17.14.040 — Development Standards. A. Development Requirements. Target Units shall be constructed concurrently with Non-Restricted Units, unless both the City and the developer and/or applicant agree within the Density Bonus Housing Agreement to an alternative schedule for development. B. Affordability Length. Target Units shall remain restricted and affordable to the designated group for a minimum period of 30 years. C. Location of Target Units. Target Units should be dispersed throughout the Housing Development. D. Density Bonus Housing Agreement. A Density Bonus Housing Agreement shall be required for a Housing Development pursuant to this Chapter. Following agreement by all parties, the completed Agreement shall be recorded as a restriction on the parcel or parcels on which the Target Units will be constructed. The Agreement shall be binding on the developer of the Housing Development and all future owners and successors in interest. The Agreement shall be consistent with Section 17.14.090 (Density Bonus Housing Agreement) of this Chapter. 17.14.050 — Development Incentives. A. Density Bonus. A Housing Development that meets the requirements for a Density Bonus as specified in Section 17.14.030(A) (Density Bonus) shall at a minimum be granted the number of Development Incentives identified in Table 4 (Number of Ordinance No. 669 Page 6 Incentives by Level of Affordability). A Housing Development that includes a child care facility that meets the requirements specified in Section 17.14.070 (Child Care Facility) shall be granted one (1) additional Development Incentive. TABLE 4: NUMBER OF INCENTIVES BY AFFORDABILITY Affordability Level °./0 Affordable Units # Development Incentives 1 Very Low-Income At Least 5% 1 At Least 10% 2 At Least 15% 3 Low-Income At Least 10% 1 At Least 20% 2 At Least 30% 3 Moderate-I ncome 2 At Least 10% 1 At Least 20% 2 At Least 30% 3 1 An additional incentive may be granted if the housing development includes a child care facility. 2 In a condominium or Planned Unit Development. B. Development Incentives. Development Incentives may include, but are not limited to, any of the following: A reduction of site development standards or a modification of Zoning Code requirements which exceed the minimum building standards 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 lot setbacks. (c) Reduced minimum outdoor and/or private outdoor living area. (d) Increased maximum lot coverage. (e) Increased maximum building height and/or stories. Reduced minimum building separation requirements. (9) Reduced street standards e.g. reduced minimum street widths. 2. Other regulatory incentives proposed by the Housing Developer or the City which results in identifiable cost reductions or avoidance. 3. Direct financial assistance (i.e. Housing Authority funds) 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. Ordinance No. 669 Page 7 C. Equivalent Financial Incentive. The City may offer an Equivalent Financial Incentive in lieu of granting a Development Incentive. The value of the Equivalent Financial Incentive shall be equal to at least the land cost per dwelling unit savings that would result from a Density Bonus and must contribute significantly to the economic feasibility of providing the Target Units pursuant to this Chapter. D. Approval. The City shall grant the number of Development Incentives as indicated in Table 4, unless written findings are made in accordance with Section 17.14.100 (Findings). The allocation of additional Development Incentives shall be determined on a case-by-case basis. 17.14.060 — Parking. A. Applicable Density Bonus Parking Ratios. A Housing Development that meets the criteria for a Density Bonus, at the applicant's or developer's request, may utilize density bonus parking ratios as shown in Table 5. These parking ratios include handicapped and guest parking. The parking ratios offered in this Section shall not count as one of the Development Incentives a Housing Development is entitled to. TABLE 5: DENSITY BONUS PARKING RATIOS Total # of Bedrooms Minimum # of Parking Spaces 0 to 1 1 2 or More 2 B. Tandem or Uncovered Parking. A Housing Development may provide on-site parking through tandem or uncovered parking, but not through parking on public streets or alleys. 17.14.070 — Child Care Facility. A. Approval. When a Housing Development conforms to the requirements of Section 17.14.030(A) and includes a Child Care Facility that will be located on the premises of, as part of, or adjacent to the Housing Development, the City shall grant either of the following: 1. An additional Density Bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the Child Care Facility; or 2. An additional Development Incentive that contributes significantly to the economic feasibility of the construction of the Child Care Facility. B. Child Care Facility Requirements. The Child Care Facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the Target Units are required to remain affordable and the children who attend the child care facility, the children of Very Low-, Low-, or Moderate-Income households Ordinance No. 669 Page 8 shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for Very Low-, Low-, and Moderate-Income households. 17.14.080 — Application Requirements and Review. A. Density Bonus and Development Incentive Application. An Application pursuant to this Chapter shall be processed concurrently with any other application(s) required for the Housing Development. The Application shall include the following: Project Description. A brief description of the Housing Development, including the total number of units, the total number of affordable units including the proposed level of affordability, and the total number of Density Bonus units. 2. Development Incentives. A list and plans clearly indicating the Development Incentives required. 3. Parking Ratios. A request to use Density Bonus Parking Ratios and a site plan indicating the proposed location and number of parking spaces. 4. Financial Analysis. A financial analysis for the Housing Development describing why the proposed Density Bonus and/or Development Incentives are necessary to provide the affordable units proposed. 5. Additional Information. Any other information as may be required by the Community Development Department. B. Project Approval. In the absence of an appeal to the City Council, final approval of the application shall be made by the Planning Commission, unless direct financial assistance is requested. If direct financial assistance is requested, the Planning Commission shall make a recommendation to the City Council who shall have the authority to make the final decision on the application. 17.14.090 - Density Bonus Housing Agreement. A. Agreement Required. The applicant and/or developer requesting a Density Bonus and/or Development Incentive(s) shall enter into a Density Bonus Housing Agreement with the City. The terms of the Agreement shall be reviewed and revised as appropriate by the City Attorney and Community Development Director. The Director shall make a recommendation to the Planning Commission for final approval. B. Recordation. Following execution of the Density Bonus Housing Agreement by all parties, the approved Agreement shall be recorded and any conditions and restrictions, shall be recorded as a restriction on the parcel or parcels designated for the construction of the Target Units. The recordation shall take place prior to final map approval, or, where a map is not being processed, prior to issuance to any rough grading and building permits, with the exception of demolition permits for such parcels or units. The Agreement shall be binding on the developer of the Housing Development and all future owners and successors in interest. Ordinance No. 669 Page 9 17.40.100 — Findings. A. Density Bonus and Development Incentives. The City shall approve the request for a Density Bonus, Development Incentive(s), and/or Equivalent Financial Incentive pursuant to Sections 17.14.030 (Implementation) and 17.14.050 (Development Incentives) of this Chapter, unless it makes a written finding, based upon substantial evidence, of either of the following: 1. That the Density Bonus, or Density Bonus with a Development Incentive(s), or Density Bonus and Equivalent Financial Incentive(s) is not required to provide affordable housing costs or affordable rents; or 2. That the Density Bonus, or Density Bonus with a Development Incentive(s), or Density Bonus and Equivalent Financial Incentive(s) would have a specific adverse impact upon public health and safety or on the physical environment, or any real property that is listed in the California Register of Historical Resources, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to Very Low-, Low-, Lower-, or Moderate-Income Households. 3. The incentive would be contrary to state or federal law. B. Child Care Facilities. The City shall approve the request for additional Density Bonus or Development Incentive for the provision of a Child Care Facility unless it makes a written finding, based upon substantial evidence, of any of the following: 1. That the additional Density Bonus or Development Incentive for a Child Care Facility does not significantly contribute to the economic feasibility of the construction of the Child Care Facility; or 2. That the additional Density Bonus or Development Incentive would have a specific adverse impact upon public health and safety or on the physical environment, or on any real property that is listed in the California Register of Historical Resources, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the Housing Development affordable to Very Low-, Low-, or Moderate-Income Households; or 3. That the City has adequate Child Care Facilities. SECTION 3. Chapter 17.26 "Reasonable Accommodation" of the Irwindale Zoning Code, shall be added as follows: Irwindale, California, Code of Ordinances >> Title 17 - ZONING >> Chapter 17.26 — REASONABLE ACCOMMODATION Ordinance No. 669 Page 10 Chapter 17.26 — REASONABLE ACCOMMODATION Sections: 17.26.010 — Purpose and Intent. 17.26.020 — Applicability. 17.26.030 — Proceedings. 17.26.040 — Findings. 17.26.050 — Determination. 17.26.010 - Purpose and Intent. The reasonable accommodation process establishes a formal procedure for individuals with disabilities seeking equal access to housing to request a reasonable accommodation to zoning regulations, as provided by the Federal Fair Housing Amendments Act of 1988 and the State Fair Employment and Housing Act, and to establish criteria to be used when considering these requests. The purpose of the reasonable accommodation process is to provide flexibility in the application of land use, zoning, or building regulations, policies or procedures for individuals with disabilities or developers of housing for persons with disabilities when it is necessary to eliminate barriers to equal housing opportunities. 17.26.020 - Applicability. Applicable Request. A request for reasonable accommodation may be made by any person with a disability, or a representative, when the application of zoning, land use, or building regulation, policy or practice acts as a barrier to equal housing opportunities. If a reasonable accommodation request is approved, the request shall be granted to an individual and shall not run with the land unless the Community Development Director or designee determines that: (a) The modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with applicable codes; or (b) The accommodation is to be used by another disabled person. 17.26.030 - Proceedings. A. Notification of Proceedings. A notice shall be prominently displayed at City Hall that advises those with disabilities or their representative may submit a request for reasonable accommodation. A request for reasonable accommodation in laws, rules, policies, practices and/or procedures may be filed on an application form provided by the Planning Division at any time that the accommodation may be necessary to ensure equal access to housing. B. Request for Reasonable Accommodation. A request for reasonable accommodation shall state the basis of the request including, but not limited to, a modification or exception to the regulations, standards, and practices for the siting, development, and use of housing or housing-related facilities that would eliminate Ordinance No. 669 Page 11 regulatory barriers and provide a disabled person equal opportunity to housing of their choice. The director or designee may request additional information necessary for making a determination on the request for reasonable accommodation that complies with the fair housing law protections and the privacy rights of the disabled person to use the specified housing. If additional information is requested, the review period for the reasonable accommodation request stops until the additional information is provided. 17.26.040 - Findings. A. Reasonable Accommodation. The written decision of the Community Development Director to grant or deny a request for reasonable accommodation will be consistent with the Federal Fair Housing Amendments act of 1988 and the State Fair Employment and Housing Act. The following findings must be analyzed, made, and adopted before any action is taken to approve or deny a request for reasonable accommodation. 1. The housing that is subject to the request will be used by an individual with a disability, as defined under the Federal Fair Housing Amendments Act of 1988 and the State Fair Employment and Housing Act. 2. The request for reasonable accommodation is necessary to make specific housing available to an individual with a disability. 3. The requested reasonable accommodation would not impose an undue financial or administrative burden on the City. 4. The requested reasonable accommodation would not require a fundamental alteration in the nature of a City program or law, including, but not limited to, land use and zoning. 5. There are no other alternative reasonable accommodations that may provide an equivalent level of benefit at a similar cost while providing greater consistency with the City's laws and regulations. 17.26.050 — Determination. A. Written Notification. The Community Development Director or Building Official, as appropriate, shall have the authority to consider and act on requests for reasonable accommodation. The Director shall issue a written determination within 30 days of receipt of a completed application that either grants, grants with modifications, or denies a request for reasonable accommodation. In granting a request for reasonable accommodation, the Director or Building Official may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the Findings listed in Section 17.26.040. Ordinance No. 669 Page 12 B. Appeal Authority. A decision of the Community Development Director may be appealed to the Planning Commission. A decision of the Planning Commission may be appealed to the City Council. C. Record of Reasonable Accommodation. The authorized signature of the director, building official, or Planning Commission or City Council if the request was appealed, on a designated form, or a stamp approval on a set of plans, shall signify approval of a reasonable accommodation request. SECTION 4. The City Council hereby authorizes and directs the Mayor and the City Clerk to execute this Ordinance on behalf of the City of Irwindale forthwith upon its adoption. SECTION 5. The Deputy City Clerk shall certify as to the passage of this Ordinance and shall cause the same to be published and/or posted at the designated locations in the City of Irwindale. SECTION 6. City staff is directed to prepare and file a Notice of Exemption under the California Environmental and Quality Act (CEQA) in connection with this Amendment. PASSED, APPROVED, AND ADOPTED this 22 nd day of May 2013. Julian A. Miranda, Mayor ATTEST: tira M. Nieto, CMC eputy City Clerk Ordinance No. 669 Page 13 )i)ri rxwita a M. Nieto, CMC eputy City Clerk . Nieto, Deputy City Clerk, certify that I caused a copy of Ordinance No.669, adopted by the City Council of the City of at its regular meeting held May 22, 2013 to be posted at the City Hall, Library, and Post Office on May 28, 2013. Dated: a M. Nieto, CMC uty City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES } ss. CITY OF IRWINDALE I, Laura M. Nieto, Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Ordinance No. 669 was duly introduced at a regular meeting of the Irwindale City Council held on the 8 th day of May 2013, and was duly approved and adopted on second reading at its regular meeting held on the 22 nd day of May 2013, by the following vote of the Council: AYES: Councilmembers: Fuentes, Garcia, Ortiz, Mayor Miranda NOES: Councilmembers: None ABSENT: Councilmembers: Breceda ABSTAIN: Councilmembers: None AFFIDAVIT OF POSTING Ordinance No. 669 Page 14