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HomeMy WebLinkAboutNS-2485 - Amending Chapter 41 of the Santa Ana Municipal Code to Add Article XVI Providing for a Density Bonus for Affordable Housing ProjectsORDINANCE NO. NS-2485 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE TO ADD ARTICLE XVI PROVIDING FOR A DENSITY BONUS FOR AFFORDABLE HOUSING PROJECTS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana does hereby find, determine · and declare as follows: The State Density Bonus Law, California Govemment Code sections 65915 through 65918, provides that each city must adopt procedures that govern application and grant of density bonuses and/or other incentives for developers of affordable or senior housing projects. The most recent revision of the City's approved Housing Element of its General Plan provides that the Council will consider adoption of a density bonus ordinance. Section 2. The City Council has reviewed and considered the information contained in the initial study and the negative declaration prepared with respect to this Ordinance. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the Califomia Environmental Quality Act ("CEQA") and the State' CEQA Guidelines, a Negative Declaration adequately addresses the expected environmental impacts of this Ordinance. On the basis of this review, the City Council finds that there is no evidence from which it can be faidy argued that the project will have a significant adverse effect on the environment. The City Council hereby certifies and approves the negative declaration and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Pursuant to Title XIV, Califomia Code of Regulations ("CCR") § 735.5(c)(1 ), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Ordinance No. NS-2485 Page 1 of 6 Section 3. Article XVI is hereby added to Chapter 41 of the Code to read as follows: Article XVI: Density Bonus for Affordable Housing Sec. 41-1600. Purpose of Density Bonus for Affordable Housing The purpose of this Article is to implement the mandatory provisions of California Government Code sections 65915 through 65918, as it may be amended from time to time (the "state density bonus law"), and to provide increased residential densities to developers who guarantee that a portion of their residential development will be available to Iow income, very Iow-income, or senior (also known as "qualified") households. The state density bonus law requires cities to adopt code provisions to specify the method by which the city will consider requests from housing developers seeking a density bonus for affordable or senior housing. The regulations are intended to materially assist the housing industry in providing adequate and affordable shelter for all economic segments of the community and to provide a balance of housing opportunities for Iow income, very Iow-income, and senior households throughout the city. It is intended that the affordable housing density bonus and any additional development incentive be available for use in all residential developments. It is intended that this article be interpreted in a manner that accommodates the provisions of the state density bonus law, and that, unless otherwise indicated, definitions found in the state density bonus law shall apply to this Article. Sec. 41-1601. When Density Bonus for Affordable Housing Regulations Applies (a) This division applies to any residential development of five or more dwelling units where an applicant proposes density beyond that permitted by the applicable designation of the general plan land use element in exchange for a portion of the total dwelling units in the development being reserved for Iow or very Iow-income households or for senior citizens or qualified residents through a written agreement. (b) An applicant proposing development as provided in section 41- 1601(a) shall be granted a density bonus as provided in sections 41-1602 and 41-1603 and may be granted an additional development incentive as provided in section 41-1604. Sec. 41-16(~2 Density Bonus for Affordable Housing Agreement (a) An applicant shall be granted a density bonus for any residential development for which an agreement is entered into by the applicant and the city as provided in this section. Ordinance No. NS-g485 Page 2 of 6 (b) An applicant seeking the grant of a density bonus shall, prior to submitting to the city an application for the proposed development project, submit a detailed, wdtten preliminary proposal to the city's housing manager. Pursuant to section 65915(e) of the state density bonus law, if the applicant proposes a waiver or modification of the city's development standards, the applicant shall include sufficient, detailed information in its proposal to meet its burden to show that the waiver or modification is necessary to make the housing units economically feasible. · (1) The city's housing manager shall within 90 days of receipt of a written proposal, notify the housing developer in writing of the procedures under which the city will comply with this article as provided for in section 65915(d) of the state density bonus law. (2) If the proposed density bonus agreement includes deviation from any applicable city development standard, then a noticed public hearing shall be held as provided in section 41-1607. (c) The density bonus agreement shall include the following provisions: (1) At least 20 percent of the pre-bonus units in the development will be affordable, including an allowance for utilities, to Iow-income households at a rent that does not exceed 30 percent of 60 percent of area median income, as adjusted for assumed household size; or (2) At I~ast 10 percent of the pre-bonus units in the development will be affordable, including an allowance for utilities, to very Iow-income households at a rent that does not exceed 30 percent of 50 percent of the area median income, as adjusted for assumed household size; or (3) At least 50 percent of the total units will be available to senior citizens or qualifying residents as defined under California Civil Code section 51.3. (4) The affordable units will remain available and affordable as provided in this section for a period of at least 30 years if an additional development incentive is granted to the applicant as provided in section 41-1604 or 10 years if an additional development incentive is not granted. If an applicant does not request an additional development incentive, the applicant shall submit a pro forma analysis for the housing manager to document project feasibility. (5) The affordable units shall be designated units which are comparable in bedroom mix and amenities to the market-rate units in the development and are dispersed throughout the development. Ordinance No. NS-2485 Page 3 of 6 (6) Provision shall be made in the density bonus agreement for certification of eligible tenants and pumhasers, annual certification of property owner compliance, and payment of a monitoring fee, as set from time to time by resolution, for monitoring of affordable unit requirements. (d) The developer shall, after reaching agreement with the housing manager on a proposed density bonus agreement, submit the same to the city council for its approval or rejection pursuant to section 421 of the city's charter. If the proposed density bonus agreement includes a proposal for a deviation pursuant to section 41-1606 of the Code, then the city council shall consider the matter only if, after compliance with section 41-1607, the planning commission, or city council on appeal, approves the deviation. Sec. 41-1604 Density Bonus Provisions A residential development proposal requesting a density bonus for affordable housing is ~ubject to the following: (a) The development shall be permitted a density bonus of the amount of units requested by the applicant, up to a total project dwelling unit count of 125 percent of the units permitted by the density regulations of the applicable designation of the general plan land use element. (b) If the development is located in two or more land use designations, the number of dwelling units permitted in the development shall be the sum of the dwelling units permitted in each of the land use designation. Within the development, the permitted number of dwelling units may be distributed without regard to the zone or land use designation boundaries. Sec. 41-1605 Additional Development Incentive for Affordable Housing In accordance with the provisions of section 65915 of the state density bonus law, the City may grant a development incentive in addition to the 25 percent density bonus. The additional development incentive may consist of any incentive recognized by the State density bonus law. Sec. 41-1606 Deviation to Allow for Additional Development Incentive Section 69515(e) of the state density bonus law provides that the city shall establish procedures for waiving or modifying development and zoning standards that would otherWise inhibit the utilization of the density bonus on specific sites. Pursuant to this provision, an applicant may request a deviation from the applicable development regulations on a site specific basis, as an additional development incentive for affordable housing, provided that an approval is obtained pursuant to section 41-1607. Ordinance No. NS-2485 Page 4 of 6 Sec. 41-1607 Deviations from Density Bonus and Affordable Housing Provisions (a) A deviation from the provisions of either section 41-1604 or section 41-1605, by wavier or modification of development or zoning standards as specified in section 65915(h) of the state density bonus law, may be requested at the time of application for development project plan approval pursuant to section 41-668 et seq. and after agreement between the developer and the housing manager of the terms of a proposed density bonus agreement, and shall be granted only if, following a noticed public hearing, the planning commission approves or conditionally approves the application upon making the following findings: (1) The proposed development will materially assist in accomplishing the goal of providing affordable housing opportunities in economically balanced communities throughout the City. (2) The development will not be inconsistent with the purpose of the underlying zone or applicable designation in the general plan land use element. (3) The deviation is necessary to make it economically feasible for the applicant to utilize a density bonus authorized for the development pursuant to section 41-1603. (b) The decision of the planning commission on an application for deviation from may be appealed to or placed before the city council pursuant to section 41-645 of the Code. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. ADOPTED this 17th day of December, 2001. orA. Pulidl0 Ordinance No. NS-2485 / Page 5 of 6 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney ~C,~Benjamin Kaufman Chief Assistant City Attomey AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers: Councilmembers: Councilmembers: Councilmembers: Alvarez, Bist, Franklin, Pulido, Solodo (5) None (0) None (0) Christy, McGui.qan (2) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-2485 to be the original ordinance adopted by the City Council of the City of Santa Ana on December 17, 2001, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: City of Santa Ana Ordinance No. NS-2485 Page 6 of 6