Laserfiche WebLink
Zoning Ordinance Amendment No. 2021-03 <br />November 16, 2021 <br />Page 3 <br />2 <br />2 <br />3 <br />7 <br />41-1902 Applicability: <br />Establishes new <br />standards for projects <br />that need to comply <br />with the ordinance <br />This section is amended to revert the <br />language to the previous HOO before it <br />was previously amended in October 2020. <br />The HOO would apply to projects of 5 or <br />more units that will require a zone change <br />or general plan amendment, including city <br />initiated zone changes and general plan <br />amendments since November 28, 2011 <br />(The current ordinance only applies to <br />projects that are requesting an increase in <br />the density permitted by the General <br />Plan). <br />It also establishes the applicability of the <br />ordinance to projects that have not been <br />issued a building permit or have not paid <br />their HOO in-lieu fee as of November 17, <br />2021. <br />To incentivize the construction of <br />extremely low-income units and blended <br />income projects, the amendment also <br />adds a percentage of rental units that may <br />be built on-site for extremely low-income <br />households equal to 5 percent of the total <br />number of units, and 10 percent for a <br />blended income project of which, 5 <br />percent, 3 percent, and 2, percent <br />respectively shall be for low, very low, and <br />extremely low income. <br />Commission recommended change: Allow <br />projects that have received entitlement <br />approvals under existing Ordinance No. NS- <br />2994 to vest the provisions of the existing <br />ordinance and to not be subjected to the <br />provisions of the proposed ordinance. <br />Discussion: This recommendation would <br />provide the opportunity for currently entitled <br />development projects to vest the regulations <br />and provisions of the HOO in effect at the <br />time when the project was proposed and <br />approved by the City. It will also help to <br />maintain the financial assumptions and <br />constructability of the project as approved. <br />------------------------ <br />Commission recommended change: For <br />rental units, increase the minimum <br />inclusionary percentage for each income <br />level as follows: <br />Low Income: Increase to 20% from <br />15% <br />Very Low Income: Increase to <br />15% from 10% <br />Extremely Low Income: Increase <br />to 10% from 5% <br />Mixed Income: Increase to 15% <br />from 10%, of which, 5% each will <br />be allocated to each of the three <br />target income levels. <br />Discussion: Prior to considering increasing <br />the inclusionary percentage in the draft <br />Ordinance, additional analysis is <br />recommended to evaluate the impacts of <br />these changes to the constructability of a <br />project. <br />41-1903 Exempt Projects: <br />Clarifies which <br />projects are not <br />subject to the <br />ordinance <br />This section is amended to delete the <br />language regarding applications deemed <br />complete prior to November 28, 2011 and <br />further clarify the exclusions to the HOO <br />that may be agreed upon by City Council <br />in a development agreement. <br />Discussion: To be consistent with the <br />changes recommended by the Commission <br />under section 41-1902 above, this section <br />can be clarified to also include a provision <br />addressing projects to be vested under <br />Ordinance No. NS-2994 and to include a <br />vesting project list. These changes will <br />provide clarity for the future application and <br />implementation of the Ordinance. The <br />proposed vesting list is included as Exhibit 5 <br />to this report.