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Home My WebLink AboutZONING TEXT AMENDMENT (ZTA) 06-02 - ORDINANCE 3764 AMENDING I Council/Agency Meeting Held: -/b -dm-7- Deferred/Continued to:&Wn-l) CR ZSZa,0-7- Approved ❑ Conditionally Approved ❑ Denied Cit e&s- igna e Council Meeting Date: 1/16/2007 Department ID Number: PL07-02 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY CO NCIL MEMBERS SUBMITTED BY: PEN LOPE LBRETH-GRAFT, C ADMINISTRATOR PREPARED BY: SCOTT HESS, ACTING DIRECTOR OF PLANNIN4� SUBJECT: APPROVE ZONING TEXT AMENDMENT NO. 06-02 MODIFYING CHAPTER 230 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE PERTAINING TO DENSITY BONUS PROVISIONS Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Transmitted for your consideration is Zoning Text Amendment No. 06-02 to amend Huntington Beach Zoning and Subdivision Ordinance Section 230.14 Affordable Housing Incentives/Density Bonus in compliance with recent changes to State density bonus law. The Planning Commission approved the amendments and is recommending approval along with staff because the adoption of this zoning text amendment will bring Section 230.14 into conformance with State Law. Funding Source: Not applicable Recommended Action: PLANNING COMMISSION AND STAFF RECOMMENDATION: Motion to: "Approve Zoning Text Amendment No. 06-02 with findings for approval (ATTACHMENT NO. 1)" and adopt Ordinance No. 3764 , an ordinance amending Chapter 230 of the Huntington Beach Zoning and Subdivision Ordinance Titled Site Standards (ATTACHMENT NO. 2)." l REQUEST FOR ACTION MEETING DATE: 1/16/2007 DEPARTMENT ID NUMBER:PL07-02 Planning Commission Action on November 14, 2006: THE MOTION MADE BY LIVENGOOD, SECONDED BY SCANDURA TO APPROVE ZONING TEXT AMENDMENT NO. 06-02, WITH FINDINGS (ATTACHMENT NO. 1) AND FORWARD TO CITY COUNCIL CARRIED BY THE FOLLOWING VOTE: AYES: SHIER-BURNETT, DYWER, LIVENGOOD, FARLEY, SCANDURA NOES: DINGWALL ABSENT: HORGAN ABSTAIN: NONE MOTION PASSED Alternative Action(s): The City Council may make the following alternative motion(s): 1. "Continue Zoning Text Amendment No. 06-02 and direct staff accordingly." 2. "Deny Zoning Text Amendment No. 06-02 with Findings for denial." Analysis: A. PROJECT PROPOSAL: Applicant: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 Location: Citywide Zoning Text Amendment No. 06-02 represents a request to amend Section 230.14 Affordable Housing Incentives/Density Bonus of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to comply with State of California mandated changes to density bonus requirements (Attachment Nos. 2 & 3). B. BACKGROUND In 1992, the City adopted density bonus provisions as required by State Law. A density bonus is defined as a density increase over the otherwise maximum allowable residential density under the applicable zoning requirements and the Land Use Map of the General Plan. The purpose of a density bonus is to facilitate the development of affordable housing. In exchange for greater density, some of the units within a project must be restricted as affordable, or for seniors, either for-sale or rent for a specified period of time. A typical density bonus is considered to be approximately 25 percent more units than allowed by the Zoning Ordinance and General Plan. As an example, if a parcel is zoned for a maximum of 16 residential units, a request could be made for a density bonus of up to four GARCAs\2007\PL07-02a(ZTA 06-02 Density Bonus).doc -2- 1/3/2007 6:20 PM REQUEST FOR ACTION MEETING DATE: 1/16/2007 DEPARTMENT ID NUMBER:PL07-02 additional units (for a total of 20 units) if they comply with State Law and local zoning requirements. Projects receiving a density bonus would typically have a condition of approval that a certain percentage of the units be restricted for households meeting affordability requirements. To be eligible for density bonus consideration, a project must include a minimum of five or more units. The City has approved approximately 13 residential projects with density bonuses. Since the original approval of the density bonus law, there have been various amendments. Recently, the State made some significant changes that affect the City's density bonus regulations. These changes have been a result of Senate Bill 1818 which went into effect on January 5, 2005 and subsequently, Senate Bill 435 (Attachment No. 4) which was adopted in October 2005 that included clarifying legislation superseding Senate Bill 1818. In accordance with the new State Law provisions, all California cities must now amend their ordinances to bring them into conformance with the new State mandates. C. PLANNING COMMISSION MEETING: A study session was held with the Planning Commission on August 22, 2006 to review and comment on the proposed ordinance amendment. At the study session the Planning Commission requested the staff report define a density bonus, research if the new parking provisions applied to projects within the Coastal Zone, clarify child care facilities density bonus criteria monitoring and finally, include the language in the code for denial of a density bonus application. The staff report dated September 12, 2006 provides the details and responses to the Planning Commission's requests. The public hearing was scheduled for September 12, 2006 but due to the lateness of the meeting it was continued until November 14, 2006. The public hearing was held on November 14, 2006, at which time Zoning Text Amendment No. 06-02 was recommended for approval by the Planning Commission (Attachment Nos. 2 & 3). No one spoke on the item. The Planning Commission discussed the parking and child care provisions of the density bonus amendment. D. STAFF ANALYSIS AND RECOMMENDATION: Previous State law and the City's existing ordinance allow for up to a 25 percent density bonus when housing projects provide between 10-20 percent of the units affordable to various income levels or 50 percent for seniors. The new law reduces the number and affordability level of the units that a developer must provide in order to receive a density bonus. It further requires that a city provide between one to three concessions or incentives to a developer, depending upon the percentage of affordable units that the developer intends to provide. This analysis provides an overview of the major changes in the law such as the sliding scale allowing an increase in the number of density bonus units, duration of affordability, incentives and concessions, parking standards, waiver of development GARCAs\2007\PL07-02a(ZTA 06-02 Density Bonus).doc -3- 1/3/2007 6:20 PM REQUEST FOR ACTION MEETING DATE: 1/16/2007 DEPARTMENT ID NUMBER:PL07-02 standards, and child care facilities. The legislative draft illustrates the required changes to the existing ordinance (Attachment No. 3). The Planning Commission Staff Report dated September 12, 2006 provides various tables comparing existing density bonus criteria to the new State Law for clarification (Attachment No. 5). Required Amount of Affordable Units New State law and the proposed ordinance reduce the percentage of affordable units that a project needs to include in order to qualify for a density bonus. Under existing code 20 percent of the units in a project would have to be restricted to low income households in order for the project to qualify for a density bonus. Under the new state law, only 10 percent of the units would need to be so restricted. If a project includes very low income units, the required percentage drops from 10 to 5 percent. New provisions also allow any senior housing or senior mobilehome park project to qualify for a density bonus, as well as common interest development projects that include at least 10 percent moderate income units. Amount of Density Bonus and Sliding Scale Unlike previous State law, the new density bonus provisions establish a base density bonus that a project is entitled to if it meets the affordability requirements described above. The minimum base density bonus for low income, very low income, and senior housing/mobilehome park projects is 20 percent; the minimum for moderate income housing is five percent. The new law also creates a sliding scale, which allows the amount of the density bonus to increase, up to a certain maximum, as the number of affordable units that are provided increase. Although the law identifies a maximum density bonus, it also stipulates that a jurisdiction could allow higher density bonuses if they choose. Staff recommends that the density bonus be capped at 35 percent. This cap would apply even if a combination of affordable units at varying income levels were proposed. Duration of Affordability Under Density Bonus Law, the required duration of affordability for lower income units is limited to 30 years unless a longer period of time is required by construction or mortgage assistance program or rental subsidy program. California Redevelopment Law requires affordability covenants of at least 55 years for rental units and 45 years for owner-occupied units, if a redevelopment agency offers loans or other financial subsidies to an affordable development. Therefore, density bonus developments assisted with redevelopment agency funding could have durations of longer than 30 years. The City's Inclusionary Housing requirement for projects of three or more units is still required in addition to meeting the affordability criteria for a density bonus. The current 60 GARCAs\2007\PL07-02a(ZTA 06-02 Density Bonus).doc -4- 1/3/2007 6:20 PM REQUEST FOR ACTION MEETING DATE: 1/16/2007 DEPARTMENT ID NUMBER:PL07-02 year inclusionary housing affordability requirement is not superceded by the density bonus criteria. Incentives and Concessions The City's current ordinance requires that a minimum of one concession or incentive be provided for a density bonus development. Under the amended density bonus law, the City must grant more concessions or incentives, depending on the percentage of affordable units included in a project. Once an applicant requests a particular concession or incentive the City evaluates the potential impacts of a request on surrounding properties and the future residents of the project. Nothing in the law shall be interpreted to require a local government to grant an incentive or concession that has a specific, adverse impact as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. The law further requires that the City establish procedures for carrying out the incentive/concession section of the ordinance that shall include legislative body approval of the means of compliance with the section. Simply, a City may require a discretionary permit and must make the required findings in order to approve requests for concessions or incentives. The City requires that all density bonus projects obtain a conditional use permit from the Planning Commission. Parking Standards The revised state law enacts reduced parking standards that may be requested for density bonus projects. These onsite standards are inclusive of guest parking and handicapped parking and may be tandem or uncovered. The change preempts the City's current standard parking requirements. At the August 22, 2006 Planning Commission study session, the Planning Commission requested that staff review the proposed density bonus law's parking standards for the possibility of including language related to the Coastal Zone parking standards. The HBZSO states that in the Coastal Zone parking is required to be enclosed and can be tandem when parking exceeds the minimum requirement. The new provisions in State Law do not require enclosed parking but also do not preclude it and allow for tandem parking. Staff believes there is not an internal conflict within the code that would create an inconsistency in parking standards between the Density Bonus Law and Chapter 231 Off-Street Parking-Coastal Zone. GARCAs\200APL07-02a(ZTA 06-02 Density Bonus).doc -5- 1/3/2007 6:20 PM REQUEST FOR ACTION MEETING DATE: 1/16/2007 DEPARTMENT ID NUMBER:PL07-02 Waiver and Modification of Development Standards Pursuant to the new law, the City may not impose a development standard that makes it infeasible to construct the housing development with the proposed density bonus. In addition to requesting incentives and concessions, applicants may request the waiver of an unlimited number of development standards by showing that the waivers are needed to make the project economically feasible. Child Care Facilities A developer that proposes construction of a housing development that includes affordable units pursuant to 230.14 B (Affordability Requirements) and includes a child care facility that is located onsite, adjacent to or a part of the development is eligible for concessions. Of the children who attend the child care facility, children from affordable income households shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required to be affordable. Thus, if 15 percent of a project's units are restricted as affordable, then 15 percent of the children who attend the child care facility must come from very low, low or moderate income households. The Economic Development Department provides monitoring for all of the City's affordable units. This applies to density bonus units as well as any child care facilities that might be built in association with these projects. E. SUMMARY Zoning Text Amendment No. 06-02 amends Chapter 230 of the Huntington Beach Zoning and Subdivision Ordinance for the purpose of complying with State mandated law. Staff recommends that Zoning Text Amendment No. 06-02 amending Section 230.14 Affordable Housing/Density Incentives be approved for the following reasons: ➢ Complies with State Mandated requirements ➢ Encourages an increase in affordable units within a development ➢ Meets the intent of the General Plan to provide for a variety of housing Environmental Status: The proposed project is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act. GARCAs\2007\PL07-02a(ZTA 06-02 Density Bonus).doc -6- 1/3/2007 6:20 PM REQUEST FOR ACTION MEETING DATE: 1/16/2007 DEPARTMENT ID NUMBER:PL07-02 Attachments : City Clerk's Page Number No. Description 1. Suggested Findings for Approval 2. Ordinance No. .17r,a , an Ordinance amending Chapter 230 of the Huntington Beach Zoning and Subdivision Ordinance Titled Site Standards 3. Legislative Draft Section 230.14 4. Senate Bill 435 5. Planning Commission Staff Report Dated September 12, 2006 6. Power Point Presentation GARCAsA20071PL07-02a(ZTA 06-02 Density Bonus).doc -7- 1/4/2007 8:32 AM ATTACHMENT # 1 1 FINDINGS OF APPROVAL FINDINGS FOR APPROVAL -ZONING TEXT AMENDMENT NO. 06-02: 1. Zoning Text Amendment No. 06-02, to amend Chapter 230 of the Huntington Beach Zoning and Subdivision Ordinance Site Standards, Section 230.14 Affordable Housing Incentive/Density Bonus is consistent with the objectives, policies, general land uses and programs specified in the General Plan and various specific plans because the proposed amendments would bring the City's Zoning Code in conformance with the State mandated changes to density bonus law and further facilitate the development of affordable housing. 2. The proposed zoning text amendment is compatible with the uses authorized in, and the standards prescribed for the various residential and mixed use zoning districts because the proposed density bonus ordinance does not change the types of permitted uses, i.e. residential, and requires that any concessions or incentives not result in any significant adverse impacts. 3. A community need is demonstrated for the proposed change in the City's Density Bonus provisions in that incentives for affordable housing would be provided consistent with the priorities identified by the State of California. In addition, the density bonus law amendment would provide additional tools to achieve affordable housing at various income levels through increased incentives and concessions available to housing developers. 4. The adoption of this amendment is in conformance with the public convenience, general welfare and acceptable zoning practices, because although a waiver of development standards is offered, the development of density bonus units would generally comply with the development standards for the zone and the City's ordinance would be consistent with the new State law. ATTACHMENT NO. 1 SUGGESTED FINDINGS OF APPROVAL SUGGESTED FINDINGS FOR APPROVAL -ZONING TEXT AMENDMENT NO. 06-02: 1. Zoning Text Amendment No. 06-02, to amend Chapter 230 of the Huntington Beach Zoning and Subdivision Ordinance Site Standards, Section 230.14 Affordable Housing Incentive/Density Bonus is consistent with the objectives, policies, general land uses and programs specified in the General Plan and various specific plans because the proposed amendments would bring the City's Zoning Code in conformance with the State mandated changes to density bonus law and further facilitate the development of affordable housing. 2. The proposed zoning text amendment is compatible with the uses authorized in, and the standards prescribed for the various residential and mixed use zoning districts because the proposed density bonus ordinance does not change the types of permitted uses, i.e. residential, and requires that any concessions or incentives not result in any significant adverse impacts. 3. A community need is demonstrated for the proposed change in the City's Density Bonus provisions in that incentives for affordable housing would be provided consistent with the priorities identified by the State of California. In addition, the density bonus law amendment would provide additional tools to achieve affordable housing at various income levels through increased incentives and concessions available to housing developers. 4. The adoption of this amendment is in conformance with the public convenience, general welfare and acceptable zoning practices, because although a waiver of development standards is offered, the development of density bonus units would generally comply with the development standards for the zone and the City's ordinance would be consistent with the new State law. ATTACHMENT #2 1 ORDINANCE NO. 3764 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 230 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TITLED SITE STANDARDS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 230.14 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended as follows: 230.14 Affordable Housing Density Bonus. A. When a developer of a residential property which is zoned and general planned to allow five(5) or more dwelling units proposes to provide affordable housing, he or she may request a density bonus and incentives or concessions through a conditional use permit subject to the provisions contained in this section. A density bonus request pursuant to the provisions contained within this section shall not be denied unless the project is denied in its entirety. B. Affordability requirements. 1. Percentage of affordable units required. To qualify for a density bonus and incentives or concessions, the developer of a residential project shall elect at least one of the following: a. Provide at least ten percent(10%)of the total units of the housing development for lower income households, as defined in Health and Safety Code section 50079.5; or b. Provide at least five percent(5%) of the total units of the housing development for very low income households, as defined in Health and Safety Code section 50 1 05; or C. Provide a senior citizen housing development as defined in Civil Code Sections 51.3 and 51.12, or mobilehome park that limits residency based on age requirements for housing for older persons pursuant to Civil Code Sections 798.76 or 799.5; or d. Provide at least ten percent(10) of the total dwelling units in a common interest development as defined in Civil Code Section 1351 for persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code, provided that all units in the development are offered to the public for purchase. The density bonus shall not be included in the total number of the housing units when determining the number of housing units required to be affordable. Remaining units may be rented, sold or leased at "market" rates. 06-392/3972 1 Ordinance No. 3764 2. Duration of affordability. An applicant shall agree to, and city shall ensure,continued affordability of all low and very low income units that qualified the applicant for the award of the density bonus for thirty(30) years or a longer period of time if required by a construction or mortgage financing assistance program, mortgage insurance program,or rental subsidy program. Where there is a direct financial contribution to a housing development pursuant to Government Code Section 65915 through participation in cost of infrastructure, write-down of land costs, or subsidizing the cost of construction,the city will assure continued availability for low- and moderate-income units for 30 years. The affordability agreement required by Section 230.1413.4 shall specify the mechanisms and procedures necessary to carry out this section. An applicant shall agree to, and the city shall ensure that,the initial occupant of the moderate-income units that are directly related to the receipt of the density bonus in the common interest development as defined in Section 1351 of the Civil Code, are persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code. The City shall enforce an equity-sharing agreement, unless it is in conflict with the requirements of another public funding source of law. The following shall apply to the equity-sharing agreement: a. Upon resale,the seller of the unit shall retain the value of any improvements,the downpayment, and the seller's proportionate share of appreciation. The City shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within three years for any of the purposes described in subdivision(e)of Section 33334.2 of the Health and Safety Code that promote homeownership. b. The City's initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the moderate-income household, plus the amount of any downpayment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value. C. The City's proportionate share of appreciation shall be equal to the ratio of the initial subsidy to the fair market value of the home at the time of initial sale. 3. 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. 4. Affordability agreement. Affordability shall be guaranteed through an "Affordability Agreement"executed through the developer and the City. Said agreement shall be recorded on the subject property with the Orange County Recorder's Office 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 binding and enforceable on 06-392/3972 2 Ordinance No. 3764 the property owner(s) and any subsequent property owner(s) for the duration of the agreement. The agreement shall include, but not be limited to, the following items: a. The duration of the affordability and the number of the affordable units; b. 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; C. The method in which vacancies will be marketed and filled; d. A description of the location and unit type(bedrooms, floor area, etc.)of the affordable units within the project; and e. Standards for maximum qualifying household incomes and standards for maximum rents or sales prices. 5. City action. Pursuant to this section the City shall: a. Grant a density bonus and at least one of the concessions or incentives identified in Section 230.14D unless the City makes a written finding pursuant to Section 230.14J. C. Calculation of Density Bonus. 1. The amount of density bonus to which the applicant is entitled shall vary according to the amount by which the project's percentage of affordable housing exceeds the percentage established in Section 230.14B. a. For housing developments meeting the low income criteria of Section 230.14B.La, the base density bonus of 20 percent shall be increased by one and one-half percent for every one percent increase in the percentage of low income units above 10%. The maximum allowable density bonus shall be 35 percent. b. For housing developments meeting the very low income criteria of Section 230.14B.Lb, the base density bonus of 20 percent shall be increased by two and one-half percent for every one percent increase in the percentage of very low income units above 5%. The maximum density bonus shall be 35 percent. C. For housing developments meeting the senior citizen housing criteria of Section 230.14B.1.c, the density bonus shall be 20 percent. d. For housing developments meeting the moderate income criteria of Section 230.14B.1.d, the base density bonus of five percent shall be increased by one percent for every one percent increase in the percentage of moderate income units over 10%. The maximum density bonus shall be 35 percent. 06-392/3972 3 Ordinance No.3764 2. All density calculations resulting in fractional units shall be rounded up to the next whole number. The granting of a density bonus shall not be interpreted, in and of itself,to require a general plan amendment, local coastal plan amendment,zoning change, or other discretionary approval. As used in Section B, "total units"does not include units permitted by a density bonus awarded pursuant to this section. 3. The developer may request a lesser density bonus than the project is entitled to, but no reduction will be permitted in the number of required affordable units pursuant to subsection 230.14B.1. D. Incentives and Concessions. 1. Types of incentives or concessions. The City shall grant an incentive or concession to the developer. An incentive or concession includes, but is not limited to,the following: a. A reduction in site development standards or modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901)of Division 13 of the Health and Safety Code, including,but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable, financially sufficient, and actual cost reductions. i. At the request of the developer,the City will permit a vehicular parking ratio, inclusive of handicapped and guest parking, for a development meeting the criteria of Section 230.14B at ratios that shall not exceed: 1. Zero to one bedroom: one onsite parking space. 2. Two to three bedrooms: two onsite parking spaces. 3. Four or more bedrooms: two and one-half onsite parking spaces. ii. If the total number of parking spaces required for a housing development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this Section only, a housing development may provide "onsite parking" through tandem parking or uncovered parking but not through on-street parking. b. 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. 06-392/3972 4 Ordinance No.3764 C. Other regulatory incentives or concessions proposed by the developer or the City that result in identifiable, financially sufficient, and actual cost reductions. 2. Number of Incentives and Concessions. An applicant for a density bonus shall receive the following number of incentives or concessions: a. One incentive or concession for projects that include at least 10 percent of the total units for lower income households, at least five percent for very low income households, or at least 10 percent for persons and families of moderate income in a common interest development. b. Two incentives or concessions for projects that include at least 20 percent of the total units for lower income households, at least 10 percent for very low income households,or at least 20 percent for persons and families of moderate income in a common interest development. C. Three incentives or concessions for projects that include at least 30 percent of the total units for lower income households, at least 15 percent for very low income households, or at least 30 percent for persons and families of moderate income in a common interest development. E. Waiver or Reduction of Development Standards: An applicant may submit to the city a proposal for the waiver or reduction of development standards. The applicant shall show that the waiver or modification is necessary to make the housing units economically feasible. F. Donation or Transfer of Land. A developer may donate or transfer land in lieu of constructing the affordable units within the project pursuant to Government Code § 65915 (h). G. Child Care Facilities. 1. When a developer proposes to construct a housing development that includes affordable units that conform to Section 230.1413 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: a. 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. b. An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility. 2. A housing development shall be eligible for the density bonus or concession described in this Section if the City makes all of the following findings: 06-39213972 5 Ordinance No.3764 a. The child care facility will remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable pursuant to Section 230.1413.2. b. Of the children who attend the child care facility,the percentage of children of very low income households, lower income households, or moderate income households shall be equal to or greater than the percentage of dwelling units that are required to be affordable to very low income households, low income households, or moderate income households. 3. "Child care facility,"as used in this section, 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 schoolage child care centers. H. Procedure. I. In addition to submitting all documentation required to apply for a conditional use permit, a developer requesting a density bonus pursuant to this section shall include the following in the written narrative supporting the application: a. 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. b. 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. C. A description of the requested incentive or concessions that the developer requests. d. A calculation of the density bonus allowed. 2. All subsequent City review of and action on the applicant's proposal for a density bonus and/or consideration of any requested incentives or concessions shall occur in a manner concurrent with the processing of the conditional use permit and any other required 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. 3. 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 City Council. (3710-6/05) 06-392/3972 6 Ordinance No.3764 4. The Planning Commission/City Council may place reasonable conditions on the granting of the density bonus and any other incentives as proposed by the applicant. However, such conditions must not have the effect, individually or cumulatively, of impairing the objective of California Government Code Section 65915 et seq., and this section, of providing affordable housing for qualifying residents. 5. 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. I. Required findings for approval. 1. Density by onus. In granting a conditional use permit for a density bonus, the Planning Commission/City Council shall make all of the following findings: a. The proposed project, which includes a density bonus, can be adequately serviced by the City and County water, sewer, and storm drain systems without significantly impacting the overall service or system. b. 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. c. The proposed project,which includes a density bonus, is compatible with the physical character of the surrounding area. d. The proposed project,which includes a density bonus, is consistent with the overall intent of the General Plan. e. If located within the coastal zone,the proposed project which includes a density bonus will not result in the fill, dredge, or diking of a wetlands. (3334-6/97) J. Required findings for denial. 1. Concessions or Incentives. The city shall grant the concession or incentive requested by the applicant unless the city makes a written finding,based upon substantial evidence, of either of the following: a. The concession or incentive is not required in order to provide affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in California Government Code Section 65915(c). b. The concession or incentive would have a specific adverse impact, as defined in paragraph(2)of subdivision(d) of California Government Code Section 65589.5,upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there 06-392/3972 7 Ordinance No. 3764 is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low and moderate-income households. SECTION 2. All other sections of Chapter 230 of the Huntington Beach Zoning and Subdivision Ordinance not amended hereby remain in full force and effect. SECTION 3. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 5th day of February , 200 7 Major ATTEST: APPR VED AS TO FORM: City C er ity Attorney 6 ou a/w REVIEWED AND APPROVED: INITIAT P OVED: �J City Administrator Director of'Planning 06-392/3972 8 Ord.No. 3764 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of 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 thereof held on the 16th day of January,2007,and was again read to said City Council at a regular meeting thereof held on the 5th day of February,2007,and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Bohr, Carchio, Cook, Coerper, Green, Hansen, Hardy NOES: None ABSENT: None ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on February 15,2007. In accordance with the City Charter of said City Poe"a) L'M 1- Jivgo) Joan L. Flynn,City Clerk Ci Clerk and ex-officio Merk Deputy City Clerk of the City Council of the City of Huntington Beach, California ATTACHMENT #3 DENSITY BONUS AMENDMENT 230.14 Affordable Housing ineentives=Density Bonus A. When a developer of a residential property which is zoned and general planned to allow five (5) or more dwelling units proposes to provide affordable housing, he or she may request a density bonus an�'��-incentives or concessions through a conditional use permit subject to the provisions contained in this section. A density bonus request pursuant to the provisions contained within this section shall not be denied unless the project is denied in its entirety. OB. Affordability requirements. 1. Percentage of affordable units required. To qualify for a density bonus an&er ether incentives or concessions, the developer of a residential project mus wee to shall elect at least one of the following: a. Provide at least ten t-vwnty percent(10% 240A) of the total units of the housing development for lower income households, as defined in Health and Safety Code section 50079.5; or b. Provide at least five*a percent (5% 4 0 ) of the total units of the housing development for very low income households, as defined in Health and Safety Code section 50105; or c. Provide a senior citizen housing development as defined in Civil Code Sections 51.3 and 51.12, or mobilehome park that limits residency based on a e requirements for housing for older persons pursuant to 8vil Code Sections 798.76 or 799.5; or Provide t least fifty pe ent«0-0K) of the total b its of the etising a aV vain+ developmefft for-qualifying senior residents. d. Provide at least ten percent (10%) of the total dwelling units in a common interest development households as defined in Civil Code Section 1351 for persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code, provided that all units in the development are offered to the public for purchase. The density bonus shall not be included in the total number of the housing units when determining the number of housing units required to be affordable. Remaining units may be rented, sold;or leased at "market" rates. u u develepef is gfatAed a density bentis in o n, per-eent , - these additional per-eent r-equir-ed to be main4ained aerdablc��neer-ate ineeme—housel}elds: 2. Duration of affordability. An applicant shall agree to, and city shall ensure, continued affordability of all low and very low income units that qualified the applicant for the award of the density bonus for thirty(30) years or Ike CityCity does not � R. t least „tiye p fA t this ,.b,.ptei-; 11V VJ L1VL�aL.Lla� o 0 0 Page 1 of 9 06-392/3929 uifivia w the uvuuicybonus,epr-evideso vvuui, uiv-s�. longer period of time if required by a construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. Where there is a direct financial contribution to a housin development.pursuant to Government Code Section 659A through participation in cost of infrastructure, write-down of land costs, or subsidizing the cost of construction, the city will assure continued availability for low- and moderate-income units for 30 years. The affordability.agreement required by Section 230.14B.4 shall specify the mechanisms and procedures necessary to carry out this section. An applicant shall agree to, and the city shall ensure that, the initial occupant of the moderate-income units that are directly related to the receipt of the density bonus in the common interest development as defined in Section 1351 of the Civil Code, are persons and families of moderate income, as defined in Section 50052.550093 of the Health and Safety Code. The eCity shall enforce an equity-sharing agreement, unless it is in conflict with the requirements of another public funding source or law. The following shall apply to the equity-sharing agreement: a. Upon resale, the seller of the unit shall retain the value of any improvements, the downpayment, and the seller's proportionate share of appreciation. The City shall recajpture any initial subsidy and its Proportionate share of appreciation, which shall then be used within three years for any of the purposes described in subdivision (e) of Section 33334.2 of the Health and Safety Code that promote homeownership. b. The eCity's initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the moderate-income household, plus the amount of any downpayment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value. c. The eCity's proportionate share of appreciation shall be equal to the ratio of the initial subsidy to the fair market value of the home at the time of initial sale. 3. 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. 4. 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 pfevided in Seetien 65915, et seq. ef the Califemia l7e..0......ept Cede prior to the issuance of building permits and shall become Page 2 of 9 06-392/3929 effective prior to final inspection of the first unit. The subject agreement shall be legally 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 i-s not be limited to, the following items: a. The number duration of the affordability and the number of fef the affordable units; b. 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; c. The method in which vacancies will be marketed and filled; d. A description of the location and unit type (bedrooms, floor area, etc.)of the affordable units within the project; and e. Standards for maximum qualifying household incomes and standards for maximum rents or sales prices. 5. City action. Pursuant to this section the City shall: a. Grant a density bonus and at least one of the concessions or incentives identified in Section 230. 14C-D .l-B unless the City makes a written finding pursuant to Section 230.141J. tha4 the ,.a,.i fiena eon ineentive is not required in er-der-fer-feats er-meftgage Payments te meet the .; b. o Provide ether-: „tw ,,ee foua , ai„o + density b,. ,:aea ;Seefien 6$915;et seq of the Cal fefaia GePeaimefA Code. The valtleefthe vciia+ o per-dwelling Mit. C. Calculation of Density Bonus 1. The amount of density bonus to which the applicant is entitled shall vary according to the amount by which the project's percentage of affordable housing exceeds the percentage established in Section 230.14 B. a. For housing developments meeting the low income criteria of Section 230.14B.1.a, the base density bonus of 20 percent shall be increased by one and one-half percent for every one Vercent increase in the percentage of low income units above 10 /o. The maximum allowable density bonus shall be 35 percent. b. For housing develo ments meeting the very low income criteria of Section Z30.14 B.Lb, the base density bonus of 20 percent shall be increased by two and one-half ercent for every one percent increase in the percentage of verylow income units above 5%. The maximum density bonus shall be 35 percent. Page 3 of 9 06-392/3929 c. For housing developments meeting the senior citizen housingg criteria of Section 230.14B.I.ce,uthe density bonus shall be 20 percent: d. For housing developments meeting the moderate income criteria of Section 230.14B.1.d-.d, the base density bonus of five percent shall be increased by one percent for every, one percent increase in the percentage of moderate income units over 10%. The maximum density bonus shall be 35 percent. 2. All density calculations resulting in fractional units shall be rounded up to the next whole number. The granting of a density bonus shall not be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, or other discretionary approval. As used in Section B, "total units" does not include units permitted by a density bonus awarded pursuant to this section. 3. The developer may request a lesser density bonus than the project is entitled to, but no reduction will be permitted in the number of required affordable units pursuant to subsection 230.14B.1. Tar-net.. . 1. {Vl«L-e tL.V e p" o t:e,,, , .lFthis see its es; .l na4e fe«.�,e.le f to : b,e e„sehol,l 1u1 shall be affer-dable at a rent er-meftgage payment th4 does not exeeed twefAy five per-ee«t /7 G 0%\ of the g s family 7 shallbe ff— dable .,t ., n4 a eftgage payment!hat ,lees ..eta e.l tb,k45 Jllull VV lulVlll e e .+t !3l10/_\ of sixty .,t (60-0_) of the !1«.,nge County�]vi vvu<<.]v]v�v e e e 3 For-the e f this s et;e., these units designated for- low; J. For-l �.11V [.l„ e , e e househelds shall be affordable fft a r-ent or-meftgage payment that dees fiet e�Eeee tt7iA e y .,t(300%) f fifty p „t(enoi) of the mange Ce,,...t�.f dia Lllll l defined vualc. by the State ,.FCalif ..,;e De„e,.t,.,e.,t e fHousing an ,..,,,,.,Ce„ ;t,. 77u.� YyE`velepmei#-. DB. Incentives and Concessions 1. Types of incentives or concessions. The City may-shall grant an incentives or concessions to the developer. An incentive or concession includes, but is not limited to,the following: 1. L density bonus as f llews: 1 A 1 1. a2.A reduction in site development standards or modification of zoning code requirements or architectural design requirements Biel}that exceed the minimum building standards eefAai,e,l within approved by the California Page 4 of 9 06-392/3929 Uniferm Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, Code as „el„E:ng, btA not 1 init^a +,., a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable, financially sufficient, and actual cost reductions. , , floe . i. At the request of the developer, the City will permit a vehicular parking ratio, inclusive of handicapped and guest parkin 4for a development meeting the criteria of Section 230.1 ,� at ratios that shall not exceed: 1. Zero to one bedroom: one onsite parking space. 2. Two to three bedrooms: two onsite parking spaces. 3. Four and more bedrooms: two and one-half onsite parking spaces. ii. If the total number of parking spaces required for a housin development is other than a whole number, the number shall be rounded up to the next whole number. For jpurposes of this Section only, a housing development may provide onsite parking" through tandem parking or uncovered parking but not through on-street parking. 2b. 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. 4. tvai Ln r-ed + v�' de ele en4 and/or-pr-eeessing f A avu c-5-. Other regulatory incentives or concessions proposed by the developer or the City whiek that result in identifiable, financially sufficient, and actual cost reductions. 6. Finan�i�ee by the , -. .,housing se . I. Other-LLLVVllll Y V agreeable City, vauw and Federal laws, mles, standards, fegulations and poheies. 2. Number of Incentives and Concessions. An applicant for a density onus shall receive the following number of incentives or concessions: a. One incentive or concession for projects that include at least 10 percent of the total units for lower income households, at least five percent for very low income households, or at least 10 percent for persons and families of moderate income in a common interest development. Page S of 9 06-392/3929 b. Two incentives or concessions for projects that include at least 20 percent of the total units for lower income households, at least 10 percent for very low income households, or at least 20 percent for persons and families of moderate income in a common interest development. c. Three incentives or concessions for projects that include at least 30 percent of the total units for lower income households, at least 15 percent for very low income households, or at least 30 percent for persons and families of moderate income in a common interest development. E. Waiver or Reduction of Development Standards: An applicant may submit tot the city a proposal or the waiver or reduction of development standards. Nothing in this section shall be interpreted to require a local government to waive or reduce development standards if the waiver or reduction would have a specific, adverse impact upon health, safety, or the physical environment, and for i which there s no feasible method to satisfactorily mitigate or avoid the specific adverse impact. The applicant shall show that the waiver or modification is necessary to make the housing units economically feasible. F. Donation or Transfer of Land. A developer may donate or transfer land in lieu of constructing the affordable units.within the project pursuant to Government Code § 65915 (h). G. Child Care Facilities. 1. When a developer proposes to construct a housing development that includes affordable units that conform to Section 230.14 B 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: a. 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. b. An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility. 2. A housing development shall be eligible for the density bonus or concession described in this Section if the City makes all of the following findings: a. The child care facility will remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable pursuant to Section 230.14 B.2. Page 6 of 9 06-392/3929 b. Of the children who attend the child care facility, the percentage of children of very low income households, lower income households, or moderate income households shall be equal to or greater than the percentage of dwellingunits that are ou�g required to be affordable to vry low income ds, low income households, or moderate income households. 3. Child care facility," as used in this section, 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 schooiage child care centers. liH. Procedure. l. In addition to submitting all documentation required to apply for a conditional use permit, a developer requesting a density bonus er etb.e,.i eentive pursuant to this section shall include the following in the written narrative supporting the application: a. 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. A.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. C. A description of the requested incentive or concessions in the ease that the developer requests. anothef �i4i +a4 tiO�t`„yo Eli11LI�1�G�iL�LATVllle��eviding a dCli�c��aCl how th-e 1VqLLVJ4sted 111V VL1T v .,4iye, :11 enable the ,leyelepe«to provide housing ushousing at the 4a.-g V blAlteLL only to the e x4evt neeessafy 4, eh ea the hetising a f ,, ab;lit- goals e4 f vt1, b.e«e;v. bd.A calculation of the density bonus allowed. 2. All subsequent City review of and action on the applicant's proposal for a density bonus and/or consideration of any requested ether incentives or concessions shall occur in a manner concurrent with the processing of the conditional use permit and any other required 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. 3 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 City Council. (3710-6/05) 4. The Planning Commission/City Council may place reasonable conditions on the granting of the density bonus and any other incentives as proposed by the Page 7 of 9 06-392/3929 applicant. However, such conditions must not have the effect, individually or cumulatively, of impairing the objective of California Government Code Section 65915 et seq., and this section,of-to providifige affordable housing for qualifying residents, lewvl vl.- l ^he ehelds eside.,ti l p ec4s av rr va,.i 5. 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. Fl.Required findings for approval. 1. Density bonus. In granting a conditional use permit for a density bonus,the Planning Commission/City Council shall make all of the following findings: a. The proposed project, which includes a density bonus, can be adequately serviced by the City and County water, sewer, and storm drain systems without significantly impacting the overall service or system. b. 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. c. The proposed project,which includes a density bonus, is compatible with the physical character of the surrounding area. d. The proposed project,which includes a density bonus, is consistent with the overall intent of the General Plan. e. If located within the coastal zone,the proposed project which includes a density bonus will not result in the fill, dredge, or diking of a wetlands. (3334- 6/97) 22.1 -Other-ineenfives. A request f .. ,.,ldi fi fta ; ^,mot ye shall not be denied by 1J not 11VVV JJ^ 111 gr-anfing any other-ineentives as defined in this , the Planning u. Theineentive(s) will not have an a&er-se .t the,mob.. .,l ..h eto of the d iiuYuvti e afea. b. The gfanfiag ef the pr-opesed other-ineentive(s) is eensistent with the ever-all e.-T13e gfafifing of the ether-Triieenfiy ( ti be decrnffleft to the genefal > welf4e, vieinit-y.- u. •1aineenfive(s) will not be injufietts Page 8 of 9 06-392/3929 e. ineefAive(s) will not 0 finaneial haf dship on the lamity. 7 the ffafffing „F 4liV 1.o other-, .�.4iye: 0 0 .�. .�..4hieye the+n«r.o+ a r-dable vi lo i cz T o paymews fer-the affordable units. dredging of we s kn34-m-7? J. Required findings for denial. 1. Concessions or Incentives. The city shall grant the concession or incentive requested by the applicant unless the city makes a written finding, based upon substantial evidence, of either of the following: a. The concession or incentive is not required in order to provide affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in California Government Code Section 65915(c). b. The concession or incentive would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of California Government Code Section 65589.5, upon public health and safety or 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 development unaffordable to low and moderate-income households. Page 9 of 9 06-392/3929 ATTACHMENT #4. SB 435 Senate Bill - CHAPTERED Page 1 of 10 BILL NUMBER: SB 435 CHAPTERED BILL TEXT CHAPTER 496 FILED WITH SECRETARY OF STATE OCTOBER 4, 2005 APPROVED BY GOVERNOR OCTOBER 4, 2005 PASSED THE SENATE AUGUST 30, 2005 PASSED THE ASSEMBLY AUGUST 22, 2005 AMENDED IN ASSEMBLY AUGUST 18, 2005 AMENDED IN ASSEMBLY JUNE 21, 2005 AMENDED IN SENATE APRIL 13, 2005 AMENDED IN SENATE MARCH 29, 2005 INTRODUCED BY Senator Hollingsworth FEBRUARY 17, 2005 An act to amend Section 65915 of the Government Code, relating to housing. LEGISLATIVE COUNSEL'S DIGEST SB 435, Hollingsworth Housing: density bonuses. The Planning and Zoning Law requires, when a developer of housing proposes a housing development within the jurisdiction of the local government, that the city, county, or city and county provide the developer with a density bonus and other incentives or concessions for the production of lower income housing units or the donation of land within the development if the developer meets certain requirements, including a requirement that the developer agrees to construct a specified percentage of the total units for specified income households or qualifying residents. This bill would include within those eligibility requirements the construction of a mobilehome park that limits residency based on age requirements for housing for older persons and the construction, for persons and families of moderate income, of a community apartment project and a stock cooperative. The local administrative requirements imposed by the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. It is the intent of the Legislature that local governments encourage, to the maximum extent practicable, the location of housing developed pursuant to Section 65915 of the Government Code in urban areas with adequate infrastructure to serve the housing. SEC. 2. Section 65915 of the Government Code is amended to read: 65915. (a) When an applicant seeks a density bonus for a housing http://www.leginfo.ca.gov/pub/05-06/bill/sen/sb_0401-0450/sb_435 bill_20051004_chap... 12/13/2006 SB 435 Senate Bill - CHAPTERED Page 2 of 10 development within, or for the donation of land for housing within, the jurisdiction of a city, county, or city and county, that local government shall provide the applicant incentives or concessions for the production of housing units and child care facilities as prescribed in this section. All cities, counties, or cities and counties shall adopt an ordinance that specifies how compliance with this section will be implemented. (b) (1) A city, county, or city and county shall grant one density bonus, the amount of which shall be as specified in subdivision (g) , and incentives or concessions, as described in subdivision (d) , when an applicant for a housing development seeks and agrees to construct a housing development, excluding any units permitted by the density bonus awarded pursuant to this section, that will contain at least any one of the following: (A) Ten percent of the total units of a housing development for lower income households, as defined in Section 50079.5 of the Health and Safety Code. (B) Five percent of the total units of a housing development for very low income households, as defined in Section 50105 of the Health and Safety Code. (C) A senior citizen housing development as defined in Sections 51.3 and 51.12 of the Civil Code, or mobilehome park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code. (D) Ten percent of the total dwelling units in a common interest development as defined in Section 1351 of the Civil Code for persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code, provided that all units in the development are offered to the public for purchase. (2) For purposes of calculating the amount of the density bonus pursuant to subdivision (f) , the applicant who requests a density bonus pursuant to this subdivision shall elect whether the bonus shall be awarded on the basis of subparagraph (A) , (B) , (C) , or (D) of paragraph (1) . (c) (1) An applicant shall agree to, and the city, county, or city and county shall ensure, continued affordability of all low-and very low income units that qualified the applicant for the award of the density bonus for 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. Rents for the lower income density bonus units shall be set at an affordable rent as defined in Section 50053 of the Health and Safety Code. Owner-occupied units shall be available at an affordable housing cost as defined in Section 50052.5 of the Health and Safety Code. (2) An applicant shall agree to, and the city, county, or city and county shall ensure that, the initial occupant of the moderate-income units that are directly related to the receipt of the density bonus in the common interest development, as defined in Section 1351 of the Civil Code, are persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code, and that the units are offered at an affordable housing cost, as that cost is defined in Section 50052.5 of the Health and Safety Code. The local government shall enforce an equity-sharing agreement, unless it is in conflict with the requirements of another public funding source or law. The following apply to the equity-sharing agreement: (A) Upon resale, the seller of the unit shall retain the value of any improvements, the downpayment, and the seller's proportionate share of appreciation. The local government shall recapture any initial subsidy and its proportionate share of appreciation, which http://www.leginfo.ca.gov/pub/05-06/bill/sen/sb_0401-0450/sb_435_bill_20051004_chap... 12/13/2006 SB 435 Senate Bill - CHAPTERED Page 3 of 10 shall then be used within three years for any of the purposes described in subdivision (e) of Section 33334 .2 of the Health and Safety Code that promote homeownership. (B) For purposes of this subdivision, the local government's initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the moderate-income household, plus the amount of any downpayment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value. (C) For purposes of this subdivision, the local government's proportionate share of appreciation shall be equal to the ratio of the initial subsidy to the fair market value of the home at the time of initial sale. (d) (1) An applicant for a density bonus pursuant to subdivision (b) may submit to a city, county, or city and county a proposal for the specific incentives or concessions that the applicant requests pursuant to this section, and may request a meeting with the city, county, or city`and county. The city, county, or city and county shall grant the concession or incentive requested by the applicant unless the city, county, or city and county makes a written finding, based upon substantial evidence, of either of the following: (A) The concession or incentive is not required in order to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c) . (B) The concession or incentive would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or 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 development unaffordable to low- and moderate-income households. (2) The applicant shall receive the following number of incentives or concessions: (A) One incentive or concession for projects that include at least 10 percent of the total units for lower income households, at least 5 percent for very low income households, or at least 10 percent for persons and families of moderate income in a common interest development. (B) Two incentives or concessions for projects that include at least 20 percent of the total units for lower income households, at least 10 percent for very low income households, or at least 20 percent for persons and families of moderate income in a common interest development. (C) Three incentives or concessions for projects that include at least 30 percent of the total units for lower income households, at least 15 percent for very low income households, or at least 30 percent for persons and families of moderate income in a common interest development. (3) The applicant may initiate judicial proceedings if the city, county, or city and county refuses to grant a requested density bonus, incentive, or concession. If a court finds that the refusal to grant a requested density bonus, incentive, or concession is in violation of this section, the court shall award the plaintiff reasonable attorney's fees and costs of suit. Nothing in this subdivision shall be interpreted to require a local government to grant an incentive or concession that has a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, http://www.leginfo.ca.gov/pub/05-06/bill/sen/sb_0401-0450/sb_435_bill_20051004_chap... 12/13/2006 SB 435 Senate Bill - CHAPTERED Page 4 of 10 upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. Nothing in this subdivision shall be interpreted to require a local government to grant an incentive or concession that would have an adverse impact on any real property that is listed in the California Register of Historical Resources. The city, county, or city and county shall establish procedures for carrying out this section, that shall include legislative body approval of the means of compliance with this section. The city, county, or city and county shall also establish procedures for waiving or modifying development and zoning standards that would otherwise inhibit the utilization of the density bonus on specific sites. These procedures shall include, but not be limited to, such items as minimum lot size, side yard setbacks, and placement of public works improvements. (e) In no case may a city, county, or city and county apply any development standard that will have the effect of precluding the construction of a development meeting the criteria of subdivision (b) at the densities or with the concessions or incentives permitted by this section. An applicant may submit to a city, county, or city and county a proposal for the waiver or reduction of development standards and may request a meeting with the city, county, or city and county. If a court finds that the refusal to grant a waiver or reduction of development standards is in violation of this section, the court shall award the plaintiff reasonable attorney's fees and costs of suit. Nothing in this subdivision shall be interpreted to require a local government to waive or reduce development standards if the waiver or reduction would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. Nothing in this subdivision shall be interpreted to require a local government to waive or reduce development standards that would have an adverse impact on any real property that is listed in the California Register of Historical Resources. (f) The applicant shall show that the waiver or modification is necessary to make the housing units economically feasible. (g) For the purposes of this chapter, "density bonus" means a density increase over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan as of the date of application by the applicant to the city, county, or city and county. The applicant may elect to accept a lesser percentage of density bonus. The amount of density bonus to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the percentage established in subdivision (b) . (1) For housing developments meeting the criteria of subparagraph (A) of paragraph (1) of subdivision (b) , the density bonus shall be calculated as follows: Percentage Low-Income Percentage Density Bonus Units 10 20 11 21.5 12 23 http://www.leginfo.ca.gov/pub/05-06/bill/sen/sb_0401-0450/sb_435 bill_20051004_chap... 12/13/2006 SB 435 Senate Bill - CHAPTERED Page 5 of 10 13 24 .5 14 26 15 27.5 17 30.5 18 32 19 33.5 20 35 (2) For housing developments meeting the criteria of subparagraph (B) of paragraph (1) of subdivision (b) , the density bonus shall be calculated as follows: Percentage Very Low Percentage Density Bonus Income Units 5 20 6 22.5 7 25 8 27.5 9 30 10 32.5 11 35 (3) For housing developments meeting the criteria of subparagraph (C) of paragraph (1) of subdivision (b) , the density bonus shall be 20 percent. (4) For housing developments meeting the criteria of subparagraph (D) of paragraph (1) of subdivision (b) , the density bonus shall be calculated as follows: Percentage Moderate- Percentage Density Bonus Income Units 10 5 11 6 12 7 13 8 http://www.leginfo.ca.gov/pub/05-06/bill/sen/sb_0401-0450/sb 435_bill_20051004_chap... 12/13/2006 SB 435 Senate Bill - CHAPTERED Page 6 of 10 14 9 15 10 16 11 17 12 18 13 19 14 20 15 21 16 22 17 23 18 24 19 25 20 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 (5) All density calculations resulting in fractional units shall be rounded up to the next whole number. The granting of a density bonus shall not be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, or other discretionary approval. As used in subdivision (b) , "total http://www.leginfo.ca.gov/pub/05-06/bill/sen/sb_0401-0450/sb 435_bill_20051004_chap... 12/13/2006 SB 435 Senate Bill - CHAPTERED Page 7 of 10 units" or "total dwelling units" does not include units permitted by a density bonus awarded pursuant to this section or any local law granting a greater density bonus. The density bonus provided by this section shall apply to housing developments consisting of five or more dwelling units. (h) (1) When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to a city, county, or city and county as provided for in this subdivision, the applicant shall be entitled to a 15-percent increase above the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan for the entire development, as follows: Percentage Very Low Percentage Density Bonus Income 10 15 11 16 12 17 13 18 14 19 15 20 16 21 17 22 18 23 19 24 20 25 21 26 22 27 23 28 24 29 25 30 26 31 27 32 28 33 29 34 30 35 http://www.leginfo.ca.gov/pub/05-06/bill/sen/sb_0401-0450/sb_43 5_bill_20051004_chap... 12/13/2006 SB 435 Senate Bill - CHAPTERED Page 8 of 10 (2) This increase shall be in addition to any increase in density mandated by subdivision (b) , up to a maximum combined mandated density increase of 35 percent if an applicant seeks both the increase required pursuant to this subdivision and subdivision (b) . All density calculations resulting in fractional units shall be rounded up to the next whole number. Nothing in this subdivision shall be construed to enlarge or diminish the authority of a city, county, or city and county to require a developer to donate land as a condition of development. An applicant shall be eligible for the increased density bonus described in this subdivision if all of the following conditions are met: (A) The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application. (B) The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households in an amount not less than 10 percent of the number of residential units of the proposed development. (C) The transferred land is at least one acre in size or of sufficient size to permit development of at least 40 units, has the appropriate general plan designation, is appropriately zoned for development as affordable housing, and is or will be served by adequate public facilities and infrastructure. The land shall have appropriate zoning and development standards to make the development of the affordable units feasible. No later than the date of approval of the final subdivision map, parcel map, or of the residential development, the transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land, except that the local government may subject the proposed development to subsequent design review to the extent authorized by subdivision (i) of Section 65583.2 if the design is not reviewed by the local government prior to the time of transfer. (D) The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with paragraphs (1) and (2) of subdivision (c) , which shall be recorded on the property at the time of dedication. (E) The land is transferred to the local agency or to a housing developer approved by the local agency. The local agency may require the applicant to identify and transfer the land to the developer. (F) The transferred land shall be within the boundary of the proposed development or, if the local agency agrees, within one-quarter mile of the boundary of the proposed development. (i) (1) When an applicant proposes to construct a housing development that conforms to the requirements of subdivision (b) and includes a child care facility that will be located on the premises of, as part of, or adjacent to, the project, the city, county, or city and county shall grant either of the following: (A) 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. (B) An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility. (2) The city, county, or city and county shall require, as a condition of approving the housing development, that the following occur: (A) The child care facility shall remain in operation for a period http://www.leginfo.ca.gov/pub/05-06/bill/sen/sb_0401-0450/sb_435 bill_20051004_chap... 12/13/2006 SB 435 Senate Bill - CHAPTERED Page 9 of 10 of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable pursuant to subdivision (c) . (B) Of the children who attend the child care facility, the children of very low income households, lower income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low income households, lower income households, or families of moderate income pursuant to subdivision (b) . (3) Notwithstanding any requirement of this subdivision, a city, county, or a city and county shall not be required to provide a density bonus or concession for a child care facility if it finds, based upon substantial evidence, that the community has adequate child care facilities. (4) "Child care facility, " as used in this section, 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 schoolage child care centers. (j ) "Housing development, " as used in this section, means one or more groups of projects for residential units constructed in the planned development of a city, county, or city and county. For the purposes of this section, "housing development" also includes a subdivision or common interest development, as defined in Section 1351 of the Civil Code, approved by a city, county, or city and county and consists of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, as defined in subdivision (d) of Section 65863.4, where the result of the rehabilitation would be a net increase in available residential units. For the purpose of calculating a density bonus, the residential units do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located. (k) The granting of a concession or incentive shall not be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, or other discretionary approval. This provision is declaratory of existing law. (1) For the purposes of this chapter, concession or incentive means any of the following: (1) A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable, financially sufficient, and actual cost reductions. (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. (3) Other regulatory incentives or concessions proposed by the developer or the city, county, or city and county that result in identifiable, financially sufficient, and actual cost reductions. This subdivision does not limit or require the provision of direct http://www.leginfo.ca.gov/pub/05-06/bill/sen/sb_0401-0450/sb_435_bill_20051004_chap... 12/13/2006 SB 435 Senate Bill - CHAPTERED Page 10 of 10 financial incentives for the housing development, including the provision of publicly owned land, by the city, county, or city and county, or the waiver of fees or dedication requirements. (m) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act (Division 20 (commencing with Section 30000) of the Public Resources Code. (n) Nothing in this section shall be construed to prohibit a city, county, or city and county from granting a density bonus greater than what is described in this section for a development that meets the requirements of this section or from granting a proportionately lower density bonus than what is required by this section for developments that do not meet the requirements of this section. (o) For purposes of this section, the following definitions shall apply: (1) "Development standard" includes site or construction conditions that apply to a residential development pursuant to any ordinance, general plan element, specific plan, charter amendment, or other local condition, law, policy, resolution, or regulation. (2) "Maximum allowable residential density" means the density allowed under the zoning ordinance, or if a range of density is permitted, means the maximum allowable density for the specific zoning range applicable to the project. (p) (1) Upon the request of the developer, no city, county, or city and county shall require a vehicular parking ratio, inclusive of handicapped and guest parking, of a development meeting the criteria of subdivision (b) , that exceeds the following ratios: (A) Zero to one bedrooms: one onsite parking space. (B) Two to three bedrooms: two onsite parking spaces. (C) Four and more bedrooms: two and one-half parking spaces. (2) If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this subdivision, a development may provide "onsite parking" through tandem parking or uncovered parking, but not through onstreet parking. (3) This subdivision shall apply to a development that meets the requirements of subdivision (b) but only at the request of the applicant. An applicant may request additional parking incentives or concessions beyond those provided in this section, subject to subdivision (d) . SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. http://www.leginfo.ca.gov/pub/05-06/bill/sen/sb_0401-0450/sb_435 bill_20051004_chap... 12/13/2006 ATTACHMENT #51 �4 • yt � aeama " r J� N .: 6 r x� NUNTINGTON BEACH TO: Planning Commission FROM: Scott Hess, Acting Director of Plann' BY: Rosemary Medel, Associate Planner DATE: September 12, 2006 SUBJECT: ZONING TEXT AMENDMENT NO. 06-02 (DENSITY BONUS AMENDMENT) APPLICANT: City of Huntington Beach,2000 Main Street, Huntington Beach, CA 92648 LOCATION: Citywide STATEMENT OF ISSUE: • Zoning Text Amendment No. 06-02 request: - Amend Chapter 230.14 Affordable Housing Incentives/Density Bonus to comply with state mandated changes pursuant to SB 1818 and SB 435 RECOMMENDATION: Motion to: "Approve Zoning Text Amendment No. 06-02 with findings for approval (Attachment No. 1) and forward Draft Ordinance (Attachment No. 2) including the legislative draft to the City Council for adoption." ALTERNATIVE ACTIONN: The Planning Commission may take alternative actions such as: A. "Deny Zoning Text Amendment No. 06-02 with findings for denial." B. "Continue Zoning Text Amendment No. 06-02 and direct staff accordingly." PROJECT PROPOSAL: Zoning Text Amendment No. 06-02 represents a request to amend Chapter 230.14 Affordable Housing Incentives/Density Bonus of the Huntington Beach Zoning and Subdivision Ordinance in order to comply with State mandated law regarding Density Bonus provisions. ISSUES: Subiect Property And Surrounding Land Use,Zoning And General Plan Designations: `{ � LQGATIaN k G� if.�T� P� T.��D USE e; Citywide RL(Residential Low RL (Residential Low Single Family Density), Density), Multiple Family, RM (Residential RM (Residential Medium Mixed Use Medium Density), Density), RMH (Residential RMH (Residential Medium High Density), Medium High Density), RH (Residential High RH(Residential High Density), Density), Various Specific MU (Mixed Use) Plans General Plan Conformance: The proposed action impacts all residential and mixed-use land use designations throughout the city. The proposed project is consistent with the following goals, objectives and policies of the City's General Plan. A. Housing Element Obiective 3.1: Facilitate the development of housing for low and moderate income households which is compatible with and complements adjacent uses and is located in close proximity to public and commercial services. The purpose of the density bonus is to encourage the development of affordable housing. The new density bonus law provides further incentives and concessions for the development of this housing as well as waivers of development standards. Policy 3.1.2: Support both the private and public sectors to produce or assist in the production of affordable housing to lower income households, as well as the needs of the handicapped, the elderly, large families and female-headed households. A developer would have the option of entering into a partnership with the City's Redevelopment Agency to develop affordable housing by developing varying income housing products, or obtaining financial assistance from the agency. Obiective 4.1: Mitigate any potential governmental constraints to housing production and affordability. The density bonus law provides a number of options to encourage the production of affordable housing by providing incentives, concessions, and waiver of the various development standards. PC Staff Report—09/12/06 2 t' f� ( Z k Policy 4.1.2: Provide for a wide variety of housing types for different income levels and household needs. The proposed density bonus law would encourage developers to produce housing of varying income types by increasing the number of incentives or concessions to developers, depending on the income level of the proposed housing product. B. Land Use Element Goal 3.4.2.5.1: To provide and maintain a quality living environment so that members of all economic, social, and ethnic groups may reside in Huntington Beach. This can be attained by providing a variety of housing types in all areas of the City. Density bonus projects would require affordable housing agreements to provide for the monitoring of income eligibility criteria. The City Neighborhood Preservation Program ensures that the City maintains a quality environment for all its citizens. Goal3.4.2.7.2: To encourage and maintain a well balanced variety of residential density and uncrowded living environments. This can be attained by encouraging development of neighborhoods that are available and attractive to diverse economic groups. The proposed ordinance would allow affordable units within a housing development, which would be designed to inter-mix with market rate units, throughout the city. This mix of unit type would provide the opportunity for various income level families to reside within and interact with other economic groups in the same neighborhoods. Urban Design Guidelines Conformance: Not applicable Environmental Status: The proposed project is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act. Coastal Status: Not applicable Redevelopment Status: Not applicable Design Review Board: Not applicable. Subdivision Committee: Not applicable. Other Departments Concerns and Requirements: As requested by the Planning Commission, the proposed ordinance was submitted to the Department of Economic Development on August 23, 2006 for review and comment. As of the drafting of this report, the Department of Planning has not received comments from the Economic Development Department. PC Staff Report-09/12/06 3 (06sr4I W2) t Public Notification: Legal notice was published in the Huntington Beach/Fountain Valley Independent on August 31, 2006, and notices were published in the newspaper at 1/8 page and sent to individuals/organizations requesting notification (Planning Department's Notification Matrix), as well as other interested parties. As of September 5, 2006, no communication supporting or opposing the request has been received. Application Processinz Dates: DATE OF COMPLETE APPLICATION: MANDATORY PROCESSING DATE(S): Not applicable Not applicable ANALYSIS: The State of California enacted significant changes to the state's density bonus law, which went into effect on January 5, 2005, via Senate Bill, SB 1818. Subsequently in October 2005, SB 435, was adopted which included clarifying legislation that supercedes SB 1818. Chapter 230.14 of the Huntington Beach Zoning and Subdivision Ordinance is being amended to be consistent with the new State Density Bonus Law. In accordance with the new State Law provisions, all California cities must now amend their ordinances to bring them into conformance with the new state mandates. The previous law allowed for up to a 25% density bonus when housing projects provided between 10-20% of the units affordable to various income levels or 50% for seniors. The new law reduces the number and affordability level of the units, which a developer must provide in order to receive a density bonus. It further requires that a city provide between one to three concessions or incentives to a developer, depending upon the percentage of affordable units that the developer intends to provide. The analysis section of this report provides tables to facilitate the review of the key concepts and principal areas of the legislation. The Iegislative draft of the proposed ordinance is attached(Attachment No. 3). Density Bonus A density bonus is defined as a density increase over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the General Plan. A project must propose a minimum of five or more units in order to be eligible to be considered for a density bonus. A density bonus is intended to facilitate the development of affordable housing, in exchange for greater density, some of the units within a project must be restricted as affordable or for seniors either for-sale or rent for a specified period of time. Required Amount of Affordable Units The following table summarizes the percentage and type of units a project has to provide to qualify for a density bonus. The non-qualifying units within each project can be either sold or rented at market rates. As shown in the table, under existing code 20% of the units in a project would have to be restricted to low income households in order for the project to qualify for a density bonus. Under the new state law, only 10%of the units would need to be so restricted. PC Staff Report—09/12/06 4 (O0 O -0 TABLE 1: TYPE OF QUALIFYING HOUSING Type of Housing Existing Code New State Requirement Lower Income 20% 10 % Very Low Income 10% 5% Senior Citizen Housing or 50%, for qualifying senior Any senior housing or Mobilehome Park(that limits residents mobilehome park (that limits residency based on age residency based on age re uirements or the elderly) re uirements for the elderly) Moderate Income - Common NA 10% Interest Development Amount of Density Bonus Unlike previous State Iaw, the new density bonus provisions establish a base density bonus that a project is entitled to if it meets the affordability requirements summarized above. However, a developer may elect a lesser density bonus. The minimum base density bonus for low income, very low income, and senior housing/mobilehome park is 20 percent; the minimum for moderate income housing is five percent as illustrated on the table below. The new law also creates a sliding scale, which allows the amount of the density bonus to increase,up to a certain maximum, as the number of affordable units that are provided increase. Although the law identifies a maximum density bonus, it also stipulates that a jurisdiction could allow higher density bonuses if they choose. Staff recommends that the density bonus be capped at 35%. This cap would apply even if a combination of affordable units at varying income levels were proposed. Table 2 summarizes the sliding scale allowances that are illustrated in the legislation on Attachment 2.4- 2.7. TABLE 2: SLIDING SCALE DENSITY BONUS Type of Qualifying Housing Base Density Bonus Sliding Scale Density Bonus Lower Income 20% 1.5%increase in density bonus for each I%increase in lower income affordable units above the initial 10%threshold to a maximum density bonus of 35% Very Low Income 20% 2.5%increase in density bonus for each I%increase in very low income affordable units above the initial 5%threshold up to a maximum density bonus of 35% Senior Citizen Housing or 20% No sliding scale increase Mobilehome Park Developments TTACHMM PC Staff Report—09/12/06 5 (06sr40 ZTA 06-02) TABLE 2: SLIDING SCALE DENSITY BONUS (continued) Type of Qualifying Housing Base Density Bonus Sliding Scale Density Bonus Moderate Income Common 5% 1%increase in density bonus for Interest Development each 1%increase in moderate income affordable units above the initial 10%threshold up to a maximum density bonus of 35% Table 3 provides examples of how the base density bonus and sliding scale increase apply to a project. Thus, in a RM zone where the General Plan allowed density is 15 units per acre a developer proposing 10% of the units as low income (the minimum to qualify for a density bonus) would be allowed to construct an additional 3 units per acre for a total of 18 unit per acre. TABLE 3 BASE DENSITY BONUS WITH SLIDING SCALE General Plan Density Percentage of Affordable Density Bonus Total Units Allowed Units Provided with Density Bonus 15 Units/AC 10%Low 20%=3 Units 18 Units/AC 15 Units/AC 15%Low 27.5%= 5 Units 20 Units/AC Duration of Affordability Under Density Bonus Law, the required duration of affordability for lower income units is limited to 30 years unless a longer period of time is required by construction or mortgage assistance program or rental subsidy program. As an example, California Redevelopment Law requires affordability covenants of at least 55 years for rental units and 45 years for owner-occupied units, if a redevelopment agency offers loans or other financial subsidies to an affordable development. Therefore, density bonus developments assisted with redevelopment agency funding could have durations of longer than 30 years. It should be noted that the City's Inclusionary Housing requirement for projects of three or more units is still required in addition to meeting the affordability criteria for a density bonus. The current 60 year inclusionary housing affordability requirement is not superceded by the density bonus criteria. As to moderate income units, a density bonus or other incentive is required if 10% or more of the total number of units in a common interest development are offered to moderate income persons and families for purchase at a moderate housing cost. The new density bonus law requires that only the initial occupant of the moderate unit directly related to the density bonus be a person or family of moderate income and that the units initially are offered at an affordable housing cost. Upon fair market resale of the moderate unit, the City is required to enforce an equity-sharing agreement that permits the seller to retain the value of any improvements, the initial down payment, and the seller's proportionate share of appreciation while the City recaptures any initial subsidy and a proportionate share of appreciation. The city is required to use the recaptured equity share within three years for any of same purposes authorized for the use of Housing Fund monies by redevelopment agencies under California Redevelopment Law. Subsequently, all density bonus moderate units have no minimum affordability period. PC Staff Report—09/12/06 6 TT %( ,4;A-0 Incentives and Concessions The City's current ordinance requires that a minimum of one concession or incentive is provided for a density bonus development. Under the amended density bonus law, the City must grant more concessions or incentives, depending on the percentage of affordable units provided. The required number of incentives and concessions are as€olIows: TABLE 4: INCENTIVES AND CONCESSIONS Percentage Affordable by Affordability Number of Incentives or Concessions Required Category 10%Lower Income, or 1 5%Very Low Income, or 10%Moderate Income(common interest development) 20%Lower Income, or 2 10%Very Low Income, or 20%Moderate Income (common interest development) 30%Lower Income, or 3 15%Very Low Income, or 30%Moderate Income (common interest development) As defined in the new State law and the City's proposed ordinance, Concessions or Incentives means any of the following: 1. A reduction in site development standards or modification of zoning code requirements or architectural design requirements that exceed the minimum building standards but not limited to a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable, financially sufficient, and actual cost reductions. 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. 3. Other regulatory incentives or concessions proposed by the developer or the city that result in identifiable, financially sufficient, and actual cost reductions. Once an applicant requests a particular concession or incentive the City will evaluate the potential impacts of a request on surrounding properties and the future residents of the project. Requests for reduction in standards are compared to the City's adopted Urban Design Guidelines and development standards for the zone and evaluated in terms of impacts. It is the responsibility of the applicant to prove the granting or O .: y ._ PC Staff Report-09/12/06 7 ( az� not granting of a particular concession or incentive is necessary to either accommodate the number of proposed units or reduce the financial impact of a density bonus project. Nothing in the law shall be interpreted to require a local government to grant an incentive or concession that has a specific, adverse impact as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. The law further requires that the City establish procedures for carrying out the incentive/concession section of the ordinance that shall include legislative body approval of the means of compliance with the section. Simply, a City may require a discretionary permit and must make the required findings in order to approve requests for concessions or incentives. The City requires that all density bonus projects obtain a conditional use permit from the Planning Commission. Parking Standards The revised state law enacts reduced parking standards that may be requested for density bonus projects. These onsite standards are inclusive of guest parking and handicapped parking and may be tandem or uncovered. The change preempts the City's current standard parking requirements. The density bonus revised standards are as follows: TABLE 5: PARKING STANDARDS FOR PROJECTS MEETING AFFORDABLE REQUIREMENTS Number of Bedrooms in Unit Existing City of Huntington State Maximum Required Beach Parking Standards Parking Spaces (inclusive of handicapped and guest parking) Studio to 1 bedroom 1 enclosed space per unit plus 0.5 1 onsite space guest parking per unit 2 to 3 bedrooms 2 bedrooms: 2 spaces (1 2 onsite spaces enclosed)per unit plus 0.5 guest parking per unit. 3 or more bedrooms: 2.5 spaces (1 enclosed)per unit plus 0.5 guest parking per unit. 4 or more bedrooms See 3 or more bedroom 2.5 onsite parking spaces requirement above. All density bonus calculations resulting in fractional units shall be rounded up to the next whole number. Parking Requirements in the Coastal Zone: At the August 22, 2006 Planning Commission study session, the Planning Commission requested that staff review the proposed density bonus law's parking standards for the possibility of including language PC Staff Report—09/12/06 8 _ 0 related to the Coastal Zone parking standards. The HBZSO states that in the Coastal Zone parking is required to be enclosed and can be tandem when parking exceeds the minimum requirement. The new provisions in State Law do not require enclosed parking and allow for tandem parking. Staff believes there is not an internal conflict within the code that would create an inconsistency in parking standards between the Density Bonus Law and Chapter 231 Off Street Parking-Coastal Zone. Therefore, the Coastal Zone parking standards could be referenced in the density bonus ordinance. The reference would lead the reader to Chapter 231 Off-Street Parking, Section 231.18. D.6 Coastal Zone, HBZSO. However, the elimination of any enclosed parking stall or tandem parking stall could be a negotiated concession. Waiver and Modification of Development Standards The City may not impose a development standard that makes it infeasible to construct the housing development with the proposed density bonus. In addition to requesting incentives and concessions, applicants may request the waiver of an unlimited number of development standards by showing that the waivers are needed to make the project economically feasible. Child Care Facilities A developer that proposes construction of a housing development that includes affordable units pursuant to 230.14 B (Affordability Requirements) and includes a childcare facility that is located onsite, adjacent to or a part of the development is eligible for concessions that include 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 childcare facility. 2. An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the childcare facility. A housing development shall be eligible for the density bonus or concession provided it meets certain findings stated within Chapter 230.14 J. Of the children who attend the child care facility, the children of very low income households, low income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required to be affordable. Thus if 15 percent of a project's units are restricted as affordable, then 15 percent of the children who attend the child care facility must come from very low, low or moderate income households. The Economic Development Department provides monitoring for all of the City's affordable units. This applies to density bonus units as well as any child care facilities that might be built is association with these projects. ATTACHMENTS: 1. - - 2. 3.—D 4,Qsi s!ati;,g D;@a 7Te NO 0 L 92 (44B;;9 0 Ch ror 220, - II gee �I- GJV-ST) 4. PC Staff Report-09/12/06 9 ATTANAM ATTACHMENT #6 Zoning Text Amendment N o. 06-02 DENSITY BONUS AMENDMENT JAN UARY 16, 2007 DENSITY BONUS AMENDMENT STATE MANDATE State mandated amendment approved under SB 1818 and SB 435. Amends Chapter 230. 14 of the Huntington Beach Zoning and Subdivision Ordinance. Planning Commission A study session held on August 22, 2006. Upon review and discussion, Planning Commission requested additional information regarding Child care Facilities, Coastal Parking standards; and a provision for denial of a density bonus request. On November 14, 2006, the Planning Commission recommended approval of ZTA No. 06-02 to the City Council. Density Bonus Amendment Reduces the number and affordability level of the units that a developer must provide in order to receive a density bonus. Creates a sliding scale, which allows the amount of the density bonus to increase to a certain maximum as the number of affordable units increase. Staff recommends that the density bonus sliding scale be capped at 35%. Density Bonus Amendment (cont'd) Duration of affordability is limited to 30 years unless a longer period is required by a construction or mortgage assistance program or rental subsidy program. California Redevelopment Law requires affordability covenants of 55 years for rental units and 45 years for owner occupied units when the agency participates in the funding. The City's 60 year inclusionary housing affordability requirement is not superceded by the density bonus criteria for inclusionary units. Density Bonus Amendment (cont'd) r The City must grant between one and three concessions or incentives depending on the percentage of affordable units provided. Incentives or concessions can be the reduction of development standards or result in identifiable, financially sufficient, and actual cost reductions. The City will evaluate the potential impacts of a request on surrounding properties and future residents of the project. Density Bonus Amendment (cont'd) The City may require a discretionary permit and must make the required findings in order to approve requests for concessions or incentives. The City requires that all density bonus projects obtain a conditional use permit from the Planning Commission. Density Bonus Amendment (cont'd) The revised State law enacts reduced parking standards that may be requested for density bonus projects. These reduced standards are inclusive of guest parking, handicap parking and may be tandem or uncovered. These parking standards are applicable to the entire project. Density Bonus Amendment (cont'd) s The City may not impose development standards that would prohibit the development of a density bonus project. In addition to concessions/incentives, an applicant may request a waiver of development standards to make the project economically feasible Density Bonus Amendment (cont'd) A developer that includes an onsite child care facility as part of a density bonus development is eligible for concessions provided it meets certain criteria. RECOMMENDATION Staff recommends that City Council approve Zoning Text Amendment No. 06- 02 (Density Bonus Amendment) and adopt the ordinance. END r-r9-x -11_1�A/a ?6,t-13 u.sH- _i/silo NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Tuesday, January 16, 2007, at 6:00 p.m. in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following planning and zoning items: 1. ZONING TEXT AMENDMENT NO. 06-02 (DENSITY BONUS AMENDMENT) Applicant: City of Huntington Beach. Request: To amend Huntington Beach Zoning and Subdivision Ordinance, Section 230.14 Affordable Housing Incentives/Density Bonus, to comply with state mandated changes pursuant to Senate Bills 1818 and 435. The existing ordinance allows for up to a 25% density bonus when housing projects restrict 10-20% of the units as affordable or 50% for seniors. The proposed ordinance reduces the number and affordability of the units that must be restricted to qualify for a density bonus. Consistent with the new law, the proposed ordinance includes other provisions regarding incentives, concessions, waiver of development standards and child care facilities. Location: Citywide Residential Districts/Mixed Use Zoning. Project Planner: Rosemary Medel ❑ 2. ZONING TEXT AMENDMENT NO. 06-07 (AMENDING CHAPTER 231 OFF-STREET PARKING AND LOADING PROVISIONS): Applicant: City of Huntington Beach. Request: To amend Chapter 231, Off-Street Parking and Loading Provisions, of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to require Public Work's approval of Privacy Gates (Section 231.18 D.B.) and Parking Controls (Section 231.18 E.2.) and to require bicycle parking for non-residential uses, multi-family residential uses and amend the design standard. (Section 231.20 1 a., 1 b., 2) Bicycle Parking. Location: Citywide. Project Planner: Rosemary Medel NOTICE IS HEREBY GIVEN that Items No. 1 and 2 are categorically exempt from the provisions of the California Environmental Quality Act. ON FILE: A copy of the proposed requests are on file in the Planning Department, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. Copies of the staff reports will be available to interested parties at the City Clerk's Office on (Thursday before meeting) January 11, 2007. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the applications as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. If there are any further questions please call the Planning Department at 536-5271 and refer to the above items. Direct your written communications to the City Clerk Joan Flynn, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 (g:1ega1s:CCLGFRM2a) NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Tuesday, January 16, 2007, at 6:00 p.m. in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following planning and zoning items: 1. ZONING TEXT AMENDMENT NO. 06-02 (DENSITY BONUS AMENDMENTI Applicant: City of Huntington Beach. Re uest: To amend Huntington Beach Zoning and Subdivision Ordinance, Section 230.14 Affordable Housing Incentives/Density Bonus to comply with state mandated changes pursuant to Senate Bills 1818 and 435. The existing ordinance allows for up to a 25% density bonus when housing projects restrict 10-20% of the units as affordable or 50% for seniors. The proposed ordinance reduces the number and affordability of the units that must be restricted to qualify for a density bonus. Consistent with the new law, the proposed ordinance includes other provisions regarding incentives, concessions, waiver of development standards and child care facilities. Location: Citywide Residential Districts/Mixed Use Zoning. Project Planner: Rosemary Medel ❑ 2. ZONING TEXT AMENDMENT NO. 06-07 (AMENDING CHAPTER 231 OFF-STREET PARKING AND LOADING PROVISIONS I: Applicant: City of Huntington Beach. Request: To amend Chapter 231, Off-Street Parking and Loading Provisions, of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to require Public Work's approval of Privacy Gates (Section 231.18 D.8.) and Parking Controls (Section 231.18 E.2.) and to require bicycle parking for non-residential uses, multi-family residential uses and amend the design standard. (Section 231.20 1 a., 1 b., 2) Bicycle Parking. Location: Citywide. Project Planner: Rosemary Medel NOTICE IS HEREBY GIVEN that Items No. 1 and 2 are categorically exempt from the provisions of the California Environmental Quality Act. ON FILE: A copy of the proposed requests are on file in the Planning Department, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. Copies of the staff reports will be available to interested parties at the City Clerk's Office on (Thursday before meeting) January 11, 2007. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the applications as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. If there are any further questions please call the Planning Department at 536-5271 and refer to the above items. Direct your written communications to the City Clerk. Joan Flynn, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 (g:1ega1s:CCLGFRM2a) Easy Peel Labels Lni44, I See Instruction Sheet ; ® 1�AVERY®5960T"" Use Avery®TEMPLATE 59 LI OIV 'rf 'fasy Peel feature 1 1 October 6,2006:G:Labels\Labels\Public Hearing HB Coastal Communities Assoc. 43 Huntington Valley little League 47 HB Field Hockey* 47 David Guido Renee Aumiller Manilal Padhiar 143 13 Meats Avenue 209 Hartford 17782 Metzler Dr. Orange,CA 92865 Huntington Beach,CA 92648 Huntington Beach,CA 92647 Downtown Busines Association 44 AYSO Region 143 47 HB Pop Warner Football** 47 Mr.Steve Daniels Commissioner Anthony DeGiglio Martin Stolze 200 Main Street#106 13976 Milan Street P.O.Box 5066 Huntington Beach,CA Westminster CA 92683 Huntington Beach,CA 92615 Downtown Residents Associate 45 Fountain Valley Youth Baseball* 47 North HB Soccer Club 47 Ms. Marie St Germain Al Letua President George Mitton 505 Alabama 14591 Yucca Circle 18601 Newland Street,#94 Huntington Beach,CA 92648 Huntington Beach,CA 92647 Huntington Beach,CA 92646 Chairperson 46 H.B.Jr All-American Football** 47 Ro ' wood Little League 47 Gabneleno/Tongva Tribal Council regg Nutt dy Huber PO Box 693 P. Box 2245 16722 Algonquin St,#D San Gabriel,CA 91778 Hun' n Beach,CA 92647 Huntington Beach,CA 92649 Jusneno Band of Mission Indians 46 Huntington ach Soccer League* 47 Seaview Little League 47 Acjachemen Nation Felipe Zapata Brett Shannon 31411 La Matanza Street 18442 Steep Lan #3 20141 Marina Lane San Juan Capistrano,CA 92675-2625 Huntington Beach, Huntington Beach CA 92646 South Coast Soccer Club'-* 47 Ocean View a League 47 Westminster Village HOA 48 President Martin Bannon Cathy Van mum,President 5200 Blackpool Road 8921 Crescent Drive 6881 Stec echase Circle,#H Westminster, CA 92683 Huntington Beach,CA 92646 Hun Beach,CA 92648 West Co.Family YMCA* 47 uth HB Gids Fast Pitch Softball** 47 Gary Brown 49 Laval Brewer Marie Ensey Coastkeepers 2100 Main Street 21401 Pinetsee Lane 441 Old Newport Blvd.,Ste.103 Huntington Beach,CA 92646 Huntington Beach,CA 92647 ewport Beach CA 92663 Regional Environmental Officer for 50 Fort Irwin 50 Fort Hun 50 Western Region Environ Office Lt.Col.Paul D.Cramer Mr.Peter Ru US Air Force Director of Public Works Nat'l Training Catr Director of Public Works 333 Market Street Suite 625 P O Box 105097 Co-bat Support Training Center San Francisco CA 94105-219 Fort Irwin CA 92310 B790 5tb St Parks RFTA Dublin CA 945680 Sheila Donovan 50 Patrick Christman,Director 50 Community plans& Coordinator Western Region Environmental Office US Navy US Marine Corps Budding 1164 1220 Pacific High ay Box 555246 San.Diego CA 32-5190 Camp Pendleton CA 92055-5246 aG 1=tiquettes faciles a peter A Consultez la feuille www.avery.com Utilisez le gabarit AVERY@ 5960mC Sens de chargement d'instruction 1-800-GO-AVERY Easy Peel Labels !A i See Instruction Sheet ; ® SAVERY@51960Tm i Use Avery®TEMPLATE 59 Li �11�AVON�TfdrEas Peel Feature 1 1 October 6,2006:GJ-abets\Labels\Public Hearing California Coastal Commission 25 Jon M.Archibald 32 Salty Graham 39 Theresa Henry Westminster ool District Meow a South Coast Area Office 14121 Ce ood Avenue 5161 g Circle 200 Oceangate,loth Floor Wes ' ter CA 92683 H n Beach,CA 92649 Long Beach,CA 92802-4302 California Coastal Commission 25 Stephen Ritter 33 Cheryle Brow ' 39 South Coast Area Office HB Union High Disrict Meadow Area 200 Oceangate,10th Floor 10251 Yorkto Avenue 16771 ooseveIt Lane Long Beach,CA 92802-4302 Huntingto ach,CA 92646 H gton Beach,CA 92649 Ryan P.Chambe 26 CSA,Inc. 34 Hearthside Homes 40 Caltrans Dis ' t 12 Marshall ,President 6 Executive Circle,Suite 250 3337 Mi on Drive,Suite 380 204 Na Irvine,CA 92614 Irvine, 92612-1699 Ne rt Beach,CA 92660 Director 27 Goidenwest Co b'e 35 Bolsa C1uca Lan rust 41 Local Soli ante EnE Agy. Atta Fred s 5200 Warn venue,Ste. 108 O.C. th Care Agency 15744 denWest St Huntin Beach,CA 92649 P.O. x 355 Hun' Beach CA 92647 Santa Ana,CA 92702 New Growth rdinator 28 OC County rs,Beach 36 Bolsa Chica Ian rust 41 Hun' Post Office and Parks t Evan Henry resident 6771 W er Ave. P.O.Bo 48 1812 Po iffin Place Hun' n Beach,CA 92647 Santa a,CA 92702 4048 Ne rt Beach,CA 92660 Marc:Bcker 29 Huntington Bea 37 Steve Homer, rson 42 FounV E1em.School Dist Atta:Pat Ro -L rude SEHBNA 1721 treet 7777 r Ave.#300 P.O.Boa 96 Foun an CA 92708 Hunt. a Beach CA 92647 Hun' on Beach,CA 92615 Dr.Gary Ruthe Super. 30 Country View Es s HOA 38 OC Sanitation ct 42 HB City tary School Dist Carrie Tho 10844 F,llis venue 20451 C er Lane 6642 Tro r Drive Foun alley CA 92708 Huntington Beach,CA 92648 Huntin n Beach CA 92648 David Perry 30 Country View E s HOA 38 Eric Pendegraft,Plan Manager 42 HB City El tart'School Dist Gerald Ch AES Hun tiagt Beach,LLC 20451 C er Lane 6742 S ' It 21730 New d Street Hun' a Beach,CA 92648 Hun' n Beach CA 92648 Huntin a Beach CA 92646 Richard Loy 42 Huntington Be Girls Softball* 47 AYSO Region 47 9062 Kah ui Drive Mike Ericks Commissio r Cathy White Hun' n Beach CA 92646 P.O.Bo 43 22041 Circle Huntin n Beach,CA 92605-3943 Hun' n Beach,CA 92646 John Ely 42 AYSO Region 7 47 AYSO Regio 5 47 22102 rt Lane John Alm a Commissi er Duane Hurtado Huntin Beach CA 92646 9468 orant Cr P.O. 1852 Fountain/Valley,CA 92708 Huntington Beach,CA 92647 Irtiquettes faciles a peler A / /d —1-1�)0 07- Consultez la feuille www.avery.com Utilisez le gabarit AVERY®5960mc Sens de chargement 6 -0 d'instruction 1-800-GO-AVERY Easy Peel Labels �',* A � See Instruction Sheet i MZW ® AVERY®5960TM i Use Avery®TEMPLATE 59 �61� APON ? Ejsly Peel Feature ' E[ October_6 200&G:1abels\Labels\1 a is earmg 1 1 President 1 Huntington r POA 10 Sue Johnsoa 16 H.B.Chamber of Commerce P.O.Box 7 19671 Bay Lane 19891 Beach Blvd.,Ste. 140 Sunset CA 90742 Hun ' n Beach,CA 92648 Huntington Beach,CA 92648 Dave Stefanides 2 William D.Holman 11 Orange County Assoc.of Realtors PLC 25552 La Paz Road 19 Corporate Plaza Drive Laguna Hills,CA 92653 Newport Beach CA 92660-7912 President 3 Jeffrey M.Oderman 12 Pacific Coast Archaeological 18 Amigos De Chica RUTAN&TUCKER,LLP Society,Inc. P Bo.O.Box 3 611 Anton Blvd.,14'h Floor P.O. Box 109 Hun' n Beach,CA 92647 Costa Mesa CA 92626-1950 Costa Me CA 92627 Attw J e Gothold Sunset Beach Comm ty Assoc. 4 Pres.,H B.Hist Society 13 Director 19 Pat Thies,Presid C/O Newland House Museum O.C.Ping.& Services Dept. PO Box 215 19820 Beach Blvd. P.O.Box 8 Sunset Be CA 90742-0215 Huntington Beach,CA 92648 Santa ,CA 92702_4048 President 5 Community Services Dept. 14 Vicky Wilson 19 Huntington Beach Tomorrow Chairperson O.C.Publi acrlities&Res.Dept PO Box 865 Historical Resources Bd. P.O.B 4048 Huntington Beach,CA 92648 Santa CA 92702-4848 Julie Vandemros 6 Council on 15 Planning Directo 20 $IA-OC 17060 Ave. City of Cos esa 17744 Sky Circle,#170 Hun ' n Beach,CA 92648 P.O.Bo 200 Irvine 2614-4441 Costa esa,CA 92628-1200 Richard Spicer 7 Jeff Metzel 16 Planning Direc 21 SLAG Seadiff H City of Fo Valley 818 West 12th Floor 19391 ady Harbor Cirde 10200 S r Ave. Los es,CA 90017 Hun gton Beach,CA 92648 Foun Valley,CA 92708 E.T.I.Corral 100 8 John Roe 16 Planning Directo 22 Mary Bell Seadiff A City of Ne rt Beach 20292 Eastwood Cir. 1938 urfdale Lane P.O_Bo 68 Huntington Beach,CA 92646 Huntington Beach,CA 92648 Newp6rt Beads,CA 92663-8915 Ray Hiemstra 9 Lou Mannone 16 Planning Directo 23 Environmental Board Chairman Seacliff H City of Wes ' ster 214191h Street#5 19821 can Bluff Circle 8200 W ter Blvd. Huntington Beach,CA 92648 H a Beach CA 92648 Wes ter,CA 92683 Planning Directo 24 May Lou Beckman 31 HB Hamptons H 38 City of Seal Ocean View ntary School District Progressive unity Mgmt 211 Eight 17200 Pinch Lane 27405 Peiego, eal,#300 Seal Be CA 90740 Hun ach CA 92647 Missio CA 92691 @tiquettes faciles a peter Mc Q 6 c�consultez la feuille www.averycom Utilisez le gabarit AVERY®5960 Sens de chargement d'instruction 1-800-GO-AVERY i CITY COUNCIUREDEVELOPMENT AGENCY PUBLIC HEARING REQUEST SUBJECT: /`,�D DEP TMEIT: - _ MEETING DATE: CO ACT: PHONE: IA YES NO { ) ( ( ) Is the notice attached? ( ) ( ( ) Do the Heading and Closing of Notice reflect City Council(and/or Redevelopment Agency)hearing? ( ) AA ( ) Are the date,day and time of the public hearing correct? ( ) ( } If an appeal,is the applicant's name included in the notice? i (V) ( ) ( ) If Coastal Development Permit,does the notice include appeal language? ( ) ( ) Is there an Environmeatal Status to be approved by Council? Is a map attached for publication? Is a larger ad required? Size Is the verification.statement attached indicating the source and accuracy of the mafling list? ( ( ) ( ) Are the applicant's name and address part of the mailing labels? 1 ( ( ) ( ) Are the appellaes naive and address part of the maning labels? ( j ( ) If Coastal Development Permit,is the Coastal Comm ssion part of the mafliag \ labels? If Coastal Development Perm!%are the resident labels attached? Is the Report 33433 attached? (Economic Developer Dept.items only) �1 Pleas complete the following. 1. Minimum days from publicatioa to hearing date 4 2. Number of times to be published 3. Nuraber of days between publications 21 RCA ROUTING SHEET INITIATING DEPARTMENT: PLANNING SUBJECT: ZONING TEXT AMENDMENT NO. 06-02 (Density Bonus Amendment) COUNCIL MEETING DATE: January 16, 2007 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Attached El Contract/Agreement (w/exhibits if applicable) Not Applicable (Signed in full by the City Attorney) Attached El Subleases, Third Party Agreements, etc. Not Applicable lz (Approved as to form by City Attorney) El Certificates of Insurance (Approved b the City Attome Attached ( pp Y Y Y� Not Applicable Attached Fiscal Impact Statement (Unbudget, over$5,000) Not Applicable Attached El Bonds (If applicable) Not Applicable Attached Staff Report (If applicable) Not Applicable ❑ Commission Board or Committee Re ort If applicable Attached P ( Pp ) Not Applicable ❑ Findings/Conditions for Approval and/or Denial Attached Findin g pp Not Applicable ❑ EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) ( ) ( ) ,.City Clerk EXP"ANATION OR RETURN OF ITEM: Only)(Below Space For City Clerk's Use RCA Author: SH:MBB:RM NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNT10FON BEACH NOTICE IS HEREBY GIVEN that on Tuesday, January 16, 2007, at 6:00 p.m.,in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following planning and zoning items: PROOF OF PUBLICATION 1.ZONING TEXT AMENDMENT NO. 06-02(DENSITY BONUS AMENDMENT) A Rlicant: City of Huntington Beach. Request: To amend Huntington Beach Zoning and Subdivision Ordinance, Section 230.14 Affordable STATE OF CALIFORNIA) Housing Incentives/Density Bonus, to comply with state mandated changes pursuant to Senate Bills 1818 and SS. 435. The existing ordinance allows for up to a 25% COUNTY OF ORANGE ) density bonus when housing projects restrict 10-20% of the units as affordable or 50% for seniors. The proposed ordinance reduces the number and affordability of the I am a Citizen of the United States and units that must be restricted to qualify for a density bonus. resident of the County aforesaid; I an Consistent with the new law, the proposed ordinance includes other provisions regarding incentives, over the age of eighteen years, and not concessions, waiver of development standards and child party to or interested in the below entitle( care facilities. Location: Citywide Residential Districts/ matter. I am a principal clerk Of th Mixed Use Zoning. Project Planner: Rosemary Medel HUNTINGTON BEACH INDEPENDEN-T 2. ZONING TEXT AMENDMENT NO. 06-07 (AMENDING. a newspaper of general circulatior CHAPTER 231 OFF-STREET PARKING AND LOADING PROVISIONS): Applicant: City of Huntington Beach. printed and published in the City c Reauest: _To amend Chapter 231, Off-Street Parking and Huntington Beach, County of OrangE Loading Provisions, of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO)to require Public Work's State of California, and that attachei approval of Privacy Gates (Section 231.18 D.8.) and Notice is a true and complete copy a Parking Controls (Section 231.18 E.2.) and to require was printed and published in th bicycle parking for non-residential uses, multi-family p p residential uses and amend the design standard. (Section Huntington Beach issue of sai( 231.20 1a., 1b., 2) Bicycle Parking. Location: Citywide. newspaper t0 wit the Issue(s) of: Project Planner: Rosemary Medel NOTICE IS HEREBY GIVEN that Items No. 1 and 2 are categorically exempt from the provisions of the California Environmental Quality Act. ON FILE: A copy of the proposed requests are on file in the JANUARY 0 4, 2 0 0 7 Planning Department, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. Copies of the staff reports will be available to interested parties at the City Clerk's Office on (Thursday before meeting) January 11, 2007. ALL INTERESTED PERSONS are invited to attend said hearing I declare, under penalty of perjury, thal and express opinions or submit evidence for or against the the foregoing is true and correct. applications as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing Executed on JANUARY 0 4, 2 0 0 7 described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. If there are any at Costa Mesa, California. further questions please call the Planning Department at 536- 5271 and refer to the above items. Direct your written communications to the City Clerk Joan Flynn, City Clerk Signature City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714)536-5227 Joan L. Flynn, City Clerk 1 US;, fZtY C-A :9:J:7 City of Huntington Beach ? ? ? Office of the City Clerkf, ff ' P.O. Box 190 - p Huntington Beach, CA 92648 0 4 ✓Q , US, POSTAt-JE , LEGAL NOTICE - PUBLIC HEARING INGTO �� lpvv"Y Huntington Valley Little League 47 v - _ Renee Aumiller 209 Hartford 9 Huntington Beach,CA 92648 ry noo.►q OU Cap RETURN TO SENDER NOT DELxVERAGLE AS ADDRESsmo UNAGLE TO F20RWARD MC.: 92640019090 *2100—i 1195--OS-34 I1:l:r,>IJ)11)::1,)11:rl,IIM)IIIIIli))11))111h)11r:„:1,11 Joan L. Flynn, City.Clerk - •.. r. � k... 441-1 City of Huntington Beach i_ " ` i Office of the City Clerkf39 •... ,.•tF'"t4 T }.•,•..i`f 'i N `;,•. P.O. Box 190 .f, .:•.r N� •. � i_.t`. Huntington Beach,'CA 92648 ( �^ g�7��!E£if F�eq,7Tt STAGE LEGAL NOTICE - PUBLIC HEARING y`wNT I NGTpy 0� NPOC9r B� Huntington Valley Little League 47 Renee Aumiller 209 Hartford o ,:;, - - Huntington Beach,CA 92648 10 01 NIX"Z� 00 fllJ 1altS �pulrTY ca � -� RETURN TO SENDER NOT DELIVERABLE FORWAARRDESSEb ynn, City Clerk T T f.1 1- V—"r- .L.I.::....I itington Beach 444K-I*A-3 2 tj the City Clerk mr-w-? Box 190 2-L-Ki.-i :each,CA 92648 to 01/04/2007 Mailed From 92648 IWO US POSTAGE LEGAL NOTICE- PUBLIC HEARING NG fts-1, HB Pop Warner Football** 47 Martin Stolze P.O.Box 5066 Huntington Beach,CA 92615 i-iE: -- Y 917 N1 I SOS 1 21 OIYOSIO—f RETURN TO SENDER :H 9 POP WARNER FOOTDALL Sax CLOSED UNAGLE TO FORWARO RETURN TO SENDER PROOF OF PUBLICATION CITY OF HUNTINGTON BEACH STATE OF CALIFORNIA LE ORDINGANCE(E NO.3164 � ) ss. Adopted by the(lty Council COUNTY OF ORANGE ) onFEBRUARY5,2oo1 "AN ORDINANCE .OF THE CITY OF HUNTING- TON BEACH AMENDING CHAPTER 230 OF THE HUNTINI am a Citizen of the United States and a ZONING A DN SUBDIVI- SION resident of the County aforesaid; I am . TLED ORDINANCE n- LED SITE STANDARDS" SYNOPSIS: over the age of eighteen years, and not a AND PREVIOUS THE STA STE LAW party to or interested in the below entitled LO ORDINANCE A LOWED FOR.UP 70 A A BONS matter. I am a principal clerk of the W H%E NENHTO U S I NUG PROJECTS PROVIDE BE HUNTINGTON BEACH INDEPENDENT, TWEEN 10,20% OF THE UNITS AFFORDABLE TO a newspaper of general circulation VARIOUS 'INCOME LEV- � ELS OR 50%-FOR S N-, printed and published in the City of TORS. THE NEW Lw REDUCES THE NUMBER AND AFFORDABILITY Huntington Beach, County of Orange, LEVEL OF THE UNITS State of California, and that attached THAT A DEVELOPER MUST PROVIDE IN OR- Notice is a true and com lete co as DER TO RECEIVE A DEN- P PY I HER REQUIRES THAT A ITY PR was printed and published In the CLONE TOO THREE C ONCEEN S-I SIONS OR INCENTIVES Huntington Beach issue of said TO k DEVELOPER, DE- PENDING UPON THE newspaper to wit the Issue(s) of: PERCENTAGE OF AF FORDABLE UNITS THAT THE_DEVELOPER IN- TENDS TO PROVIDE: ZONING TEXT. AMENDMENT NO. 06-02 AMENDS CHAPTER 230 OF THE HUNTINGTON FEBRUARY 1 5 2 0 O 7 BEACH ZONING AND / - SUBDIVISION ORDI- NANCE FOR THE PUR- POSE OF COMPLYING WITH STATE MANDATED LAW. COPIES OF. THIS OR- DINANtE ARE AVAIL- ABLE IN THE CITY CLERK'S OFFICE. PASSED 'AND P r"y� ADOPTED by the City Pen declare, under of e u that Council, of the city of Huntington Beach at a the foregoing is true and correct. regular meeting held February 5, 2007 by the following roll call vote: AYES: Bohr, Carchio, FEBRUARY 1 5 2 0 0 7 Ha Cook, ry Green, Executed on Hansen,Hardy NOES:None at Costa Mesa California. ABSENT:None , This ordinance"Is ef- fective 30 days after adoptlon. CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON 2 BEACH, NG 94 !f Signature 714-536-5227 JOAN L.FLYNN,CITY CLERK Published Huntington Beach Independent Feb- ruary 15,2007 023-114