HomeMy WebLinkAboutOrdinance #3130 ORDINANCE NO. 3130
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH ORDINANCE CODE
BY ADDING SECTION 9637 TO ARTICLE 963 RELATING
TO INCENTIVES FOR DEVELOPERS OF AFFORDABLE HOUSING
WHEREAS, the California Government Code §65915 et seq.
requires that if a developer of a residential project zoned
and general planned for five (5) or more units on a specific
site requests a density bonus and/or other incentives for the
purpose of providing affordable housing for qualifying
residents, very low and lower income households, the City must
grant the request; and
A procedure for implementing and monitoring a density
bonus program is necessary;
NOW, THEREFORE, the City Council of the City of Huntington
Beach does hereby ordain as follows :
SECTION I . The Huntington Beach Ordinance Code is
hereby amended by adding Section 9637 to Article 963 to read
as follows :
Section 9637
DENSITY BONUS AND OTHER INCENTIVES FOR THE PROVISION
OF AFFORDABLE HOUSING FOR QUALIFYING RESIDENTS,
LOWER INCOME AND VERY LOW INCOME HOUSEHOLDS
For the purpose of providing affordable housing, a
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developer of a residential property which is zoned and general
planned to allow five (5) or more dwelling units may request a
density bonus and/or other incentive through a conditional use
permit subject to the provisions contained in this section.
Density bonus requests pursuant to the provisions contained
within this article shall not be denied unless the project is
denied in its entirety.
9637. 1 Definitions
(a) "Density Bonus" for the purposes of this article,
means an_ increase in the proposed number of units of
twenty-five (25) percent or greater over the number
permitted pursuant to the current zoning and general
plan designation on the property.
(b) "Other Incentives" are policies, programs or actions
taken by the City designed to ensure that the
development will be produced at a lower cost . They
include, but are not limited to the following :
1. A reduction in site development standards or
architectural design requirements which exceed
the minimum building standards contained within
the Uniform Building Code as adopted by the City
including, but not limited to, a reduction in
setback, lot coverage, floor area ratio, parking
and open space requirements .
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2 . Approval of mixed use zoning in conjunction with
the housing project if commercial, office,
industrial, or other land uses will reduce the
cost of the housing development and if the
commercial, office, industrial, or other land
uses are compatible with the housing project and
the existing or planned development in the area
where the proposed housing project will be
located.
reduuction in development and/or processing
fees .
4 . Other regulatory incentives or concessions
proposed by the developer or the City which
result in identifiable cost reductions.
5 . Financial assistance by the City, i .e. , housing
set-aside funds .
6 . Other incentives mutually agreeable to the City
and developers consistent with all City, State
and Federal laws, rules, standards, regulations
and policies .
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(c) Moderate income household
A household shall be classified as "moderate income" if
annual income is at or below one hundred twenty (120)
percent of Orange County median income as defined by the
State of California Department of Housing and Community
Development.
(d) Lower income household
A household shall be classified as "lower income" if
annual income_ is _at or below e%ghty_ (80) . percent of Orange
r
County median income as defined by the State of California
Department of Housing and Community Development .
(e) Very low income household
A household shall be classified as "very low income" if
the annual income is at or below fifty (50) percent of
Orange County median income as defined by the State of
California Department of .Housing and Community Development .
(f) Oualifying Senior Resident
A person shall be classified as a "qualifying senior
resident" if he or she is 62 years of age or older .
(Section 51 . 2 of the California Civil Code. )
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9637 .2 Target rents/mortgage payments
(a) For the purposes of this article, units designated
for moderate income household shall be affordable at
a rent or mortgage payment that does not exceed
twenty-five (25) percent of the gross family income.
(b) For the purpose of this article, units designated for
lower income households shall be affordable at a rent
or mortgage payment that does not exceed thirty (30)
percent of sixty (60) percent of the Orange County
medianincome as defined by___the State of California
Department of Housing and Community Development.
(c) For the purpose of this article, those units
designated for very low income households shall be
affordable at a rent or mortgage payment that does
not exceed thirty (30) percent of fifty (50) percent
of Orange County median income as defined by the
State of California Department of Housing and
Community Development .
9637 . 3 Affordability Requirements
(a) Percentage of Affordable Units Required
To qualify for a density bonus and/or other incentives,
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the developer of a residential project must agree to one
of the following :
1. Provide at least twenty (20) percent of the
total units of the housing development for lower
income households; or..
2 . Provide at least ten (10) percent of the total
units of the housing development for very low
income households; or
at least fifty___(_50_)_.,percent of the total
units of the housing development for qualifying
(senior) residents .
The density bonus shall not be included when determining
the number of housing units required to be affordable.
Remaining units maybe rented, sold, or leased at "market"
rates .
If a developer is granted a density bonus in excess of
twenty-five (25) percent, those additional units above the
twenty-five (25) percent may be required to be maintained
affordable for "moderate income" households .
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(b) Duration of Affordability
Units required to be affordable as a result of the
granting of a density bonus and other incentives shall
remain affordable for thirty (30) years . If the City does
not grant at least one concession or incentive pursuant to
this article in addition to the density bonus, or provides
other incentives in lieu of the density bonus, those units
required to be affordable shall remain so for ten (10)
years;
(c) Affordable Unit Distribution and Product Mix
Affordable units shall be located throughout the project
and shall include a mixture of unit types in the same
ratio as provided throughout the project;
(d) Affordability Agreement
Affordability shall be guaranteed through an
"Affordability Agreement" executed between the developer
and the City. Said agreement shall be recorded on the
subject property with the Orange County Recorder ' s Office
as provided in Section 65915, et seq. of the California
Government Code, prior to the issuance of building permits
and shall become effective prior to final inspection of
the first unit . The subject agreement shall be legally
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binding and enforceable on the property owner(s) and any
subsequent property owner(s) for the duration of the
agreement . The agreement shall include, but is not
limited to, the following items :
1 . The number of and duration of the affordability
for the affordable units .
2 . The method in which the developer and the City
are to monitor the affordability of the subject
affordable units and the eligibility of the
tenants or owners of those units over the period
of the agreement;
3 . The method in which vacancies will be marketed
and filled;
4 . A description of the location and unit type
(bedrooms, floor area, etc. ) of the affordable
units within the project; and
5 . Standards for maximum qualifying household
incomes and standards for maximum rents or sales
prices .
(e) Pursuant to this article the City shall :
1) grant a density bonus and at least one of
the concessions or incentives identified in section
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9637 . 1(b) unless the City makes a written finding
that the additional concession or incentive is not
required in order for rents or mortgage payments to
meet the target rates; or
2) provide other incentives of equal value to
a density bonus as provided in Section 65915, et seq.
of the California Government Code. The value of the
other incentives shall be based on the land cost per
dwelling unit .
9637 .4 Procedure
(a) In addition to submitting all documentation required
to apply for a conditional use permit, a developer
requesting a density bonus or other incentive
pursuant to this section shall include the following
in the written narrative supporting the application:
1 . A general description of the proposed project,
general plan designation, applicable zoning,
maximum possible density permitted under the
current zoning and general plan designation and
such other information as is necessary and
sufficient . The property must be zoned and
general planned to allow a minimum of five (5)
units to qualify for a density bonus;
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2 . A calculation of the density bonus allowed
pursuant to California Government Code Section
65915 . 5(b) , which is an increase in units of at
least 25 percent over the number of units
permitted under the existing zoning and general
plan designation;
3 . In the case that the developer requests the City
to modify development standards as an other
incentive, a statement providing a detailed
explanation as to how the requested incentive
will enable the developer to provide housing at
the target rents or mortgage payments .
Modification of development standards will be
granted only to the extent necessary to achieve
the housing affordability goals set forth herein.
4 . A statement detailing the number of density
bonus units being proposed over and above the
number of units normally permitted by the
applicable zoning and general plan designations .
(b) All subsequent City review of and action on the
applicant ' s proposal for a density bonus and/or
consideration of any requested other incentives shall
occur in a manner concurrent with the processing of
the conditional use permit and any other required
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entitlements, if any. If the developer proposes that
the project not be subject to impact fees or other
fees regularly imposed on a development of the same
type, final approval will be by the City Council .
(c) The Planning Commission/City Council shall review the
subject Affordability Agreement concurrently with the
development proposal . No project shall be deemed
approved until the Affordability Agreement has been
approved by the appropriate reviewing body.
(d)__- _The _Plannng Commission/City _Council may place
reasonable conditions on the granting of the density
bonus and any other incentives a, proposed by the
applicant . However, such conditions must not have
the effect, individually or cumulatively, of
impairing the objective of California Government Code
§65915 et seq. , and this article, of providing
affordable housing for qualifying residents, lower or
very low income households-,-in residential projects .
(e) A monitoring fee as established by resolution of the
City Council, shall be paid by the applicant to the
City prior to issuance of a certificate of occupancy
for the first unit . This fee shall be in addition to
any other fees required for the processing of the
conditional use permit, environmental analysis,
and/or any other entitlements required.
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9673 . 5 Required Findings For Approval
(a) Density Bonus
In granting a conditional use permit for a density
bonus, the Planning Commission/City Council shall
make all of the following findings :
1 . The proposed project, which includes a density
bonus, can be adequately serviced by the City
..._______and .Co_unty water, sewer_,.__.and_...storm. drain
systems, without significantly impacting the
overall service or system.
2 . The proposed project, which includes a density
bonus, will not have a significant adverse
impact on traffic volumes and road capacities,
school enrollments, or recreational resources .
3 . The proposed project which includes a density
bonus is compatible with the physical character
of the surrounding area .
4 . The proposed project which includes a density
bonus is consistent with the overall intent of
the General Plan.
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(b) Other Incentives
A request for an additional incentive shall not be
denied by the Planning Commission or City Council
unless a finding is made that the incentive is not
necessary to the establishment of affordable units .
In granting any other incentives as defined in this
article, the Planning Commission/City Council shall
be required to make all of the following findings :
1. The granting of the proposed other incentive(s)
will not have an adverse impact on the physical
character of the surrounding area .
2 . The granting of the proposed other incentive(s)
is consistent with the overall intent of the
General Plan.
3 . The granting of the p-r--oposed other incentive(s)
will not be detrimental to the general health,
welfare, and safety of persons working or
residing in the vicinity.
4 . The granting of the proposed other incentive(s)
will not be injurious to property or
improvements in the vicinity.
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5 . The granting of the proposed other incentive(s)
will not impose an undue financial hardship on
the City.
6 . If the other incentive is a modification of
development standards, the granting of the other
incentive is necessary to achieve the target
affordable rents/mortgage payments for the
affordable units .
SECTION. 2...__ __T.h _s_..ordinance shall take effect thirty days
after its passage.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 3rd
day of February 19 9.2.
-- ---- i.�MVGr ,
-ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
>1-7 Y
REVIEWED A D :APPROVED: INITIATED AND jPROVED:
G J/
City Administrator Director of Community
Development
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Ord, No. 3130
STATE OF CALIFORNIA )
COUNTY OF ORANGE ss:
CITY OF HUNTINGTON BEACH
I, CONNIE BROCKWAY, the duly elected, qualified City
Clerk of the City of Huntington Beach and ex-officio Clerk of the
City Council of the said City, do hereby certify that the whole number
of members of the City Council of the City of Huntington Beach is seven;
that the foregoing ordinance was read to said City Council at a regular
meeting therof held on the 21st day of JanuaLy
19 92 , and was again read to said City Council at a regular
meeting therof held on the 3rd day of February 1992 and
was passed and adopted by the affirmative vote of at least a majority of
all the members of said City Council ,
AYES: Councilmembers:
Robitaille, Moulton-Patterson, Winchell, Silva, Green, MacAllister, Kelly
NOES: Councilmembers:
None
ABSENT: Councilmembers:
None
1, Connie Brock ^„ ►; GLEF+it of the Ctty of
City e
C4idt a, p iioton
orna,:��t;W teen*� -u r y City Clerk and ex-off i ci 1 erk
of the City Council of the City
�
of Huntington Beach, California
toCe wtitt t ^`.'iyconr
y City Clerk.
...._ �,y City vSark