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HomeMy WebLinkAboutOrdinance No. 11-O4ORDINANCE NO. 11-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING AMENDMENT ZCA 232 TO CHAPTER 88—DEVELOPMENT CODE OF THE CITY OF AZUSA MUNICIPAL CODE WHEREAS, on February 22, 2005, the City Council of the City of Azusa ("City Council") adopted the new Development Code (Chapter 88 of the Azusa Municipal Code) with the understanding that the "Form -Based Code" format included wholesale changes to the prior Code, and revisions would be necessary after the new Code was implemented; and WHEREAS, City staff has prepared a proposed amendment to the Development Code to provide clarification and to add necessary language to the existing provisions of the Municipal Code; and WHEREAS, on March 16, 2011, the Planning Commission of the City of Azusa ("Plamiing Commission") conducted a noticed public hearing on the proposed amendment to the Development Code at which time all persons wishing to testify in connection with the revision to the Development Code were heard and the revision was fully studied, discussed and deliberated; and WHEREAS, the Planning Commission carefully considered all pertinent testimony and the staff report presented during the public hearings for the revision to the Development Code and adopted Resolution No. 2011-04 recommending that the City Council approve the proposed amendment to the Development Code; and WHEREAS, on April 4, 2011, the City Council conducted a duly noticed public hearing on the proposed amendment to the Development Code at which time all persons wishing to testify in connection with the amendment to the Development Code were heard, and the proposed amendment and public testimony were fully studied, discussed, and deliberated; and WHEREAS, the City Council wishes to adopt the proposed amendment to the Development Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS: SECTION 1. The Development Code is amended as follows, with additions shown in underline and deletions in strikethretig=. SECTION2. Chapter 88 of the Azusa Municipal Code is hereby revised in part to read as follows: A-1 DEVELOPMENT CODE AMENDMENT 232 Program 10 of the 2008-2014 Housing Element calls for the following Development Code Amendment: 88.42.120 - Mixed Use Projects C. Maximum density. The residential component of a mixed use project shall comply with the density requirements of the applicable General Plan designation and zoning district. The number of units allowed on a site shall be calculated by applying the applicable density requirement to the entire area ofthe site for a vertical mixed use project, but only to the portion of the site to be occupied by the footprint of residential units in a horizontal mixed use project. 1 Lot consolidation and calculating allowable density. Where two or more legal parcel;: are combined to create a site for a development plan for a mired -use project. calculations for maximurn allowable density which result in a fraction that is 0.50 or greater shall be rounded up to the neorest whole munber. Those density calculations resulting in afraction that is less than 0.50 shall be rounded down to the nearest whole number. Program 14 of the 2008-2014 Housing Element calls for the following Development Code Amendment: 88.32. - Affordable Housing Incentives 88.32.010. - Purpose. 88.32.020. - Density Bonus Incentive. 88.32.030. - Types of Bonuses and Incentives Allowed. 88.32.040. - Continued Availability. 88.32.050. - Location and Type of Designated Units. 88.32.060. - Processing of Bonus Requests. 88.32.070. - Density Bonus Agreement. 88.32.080. - Control of Resale. 88.32.090. - Waiver of Standards. 88.32.010. - Purpose. This chapter is intended to implement the housing element of the general plan and the requirements of Government Code Sections 65915 through 65918, offering incentives for the development of affordable housing for low-income, moderate -income, and senior citizen households. Where regulations arc: not specifically addressed in this chapter or where there are conflicts between these provisions and the provisions of Government Code Sections 65915 through 65918, the provisions of the Government Code, as they may be amended over time, shall apply. 88.32.020. - Density Bonus Incentive. In order to be eligible for a density bonus and other incentives as provided by this chapter, aproposed housing development shall comply with the eligibility requirements specified in Government Code Sections 65915 through 65918. A density bonus and applicable incentives/concessions shall be granted if an applicant for a housing development seeks and agrees to construct a development that contains low-income, very low-income, moderate -income, and/or senior housing units, the required percentages of which are outlined in Government Code Section 65915(6)(1). A-2 88.32.030. - Types of Bonuses and Incentives Allowed. The amount of a density berms, and the extent of other incentives allowed for a proposed housing development shall be determined by the council in compliance with Government Code Section 65915. An additional density bonus incentive shall be granted if an applicant proposes to construct a housing development that conforms with Government Code Section 65915(b)(1) and that includes a child care facility located on the premises of, as part of, or adjacent to the project. If a density bonus and/or other incentives cannot be accommodated on a site due to strict compliance with the provisions of this Development Code, the council may modify or waive other development standards as necessary to accommodate all bonus units and other incentives to which the development is entitled. A. Calculating Density Bonus. The calculation of a density bonus in compliance with this subsection that results in fractional units shall be rounded up to the next whole number, as required by state law. For the purposes of calculating a bonus, the residential units do not have to be based upon individual subdivision maps or parcels. B. Other Incentives. 1. Applicant Specified Concessions or Incentives. An applicant may submit to the city a request for specific concessions or incentives in compliance with this section. 2. Available Concessions or Incentives. A qualifying project shall be entitled to one, two, or three of the following incentives, as allowed by Government Code Section 65915, in addition to the density bonus allowed by Section 8832.020 and subsection A. above: a. A reduction in the site development standards of this Development Code (e.g. site coverage„ off- street parking requirements, reduced parcel dimensions, and/or setback requirements); b. Approval of mixed use zoning not otherwise allowed by this Development Code in conjunction with the housing development, if nonresidential land uses will reduce the cost of the housing development, and the nonresidential land uses are compatible with the housing development and the existing or planned development in the area where the project will be located; and/or c. Other regulatory incentives or concessions proposed by the developer or the city that will result in identifiable and actual cost reductions. 3. Additional Concessions or Incentives. The council shall have the discretion to approve additional concessions or incentives to a qualifying project based on the superior merits of that particular project, as determined by the council. 4. Required Findings to Reject Concession or Incentive. The council shall grant the concession or incentive requested by the applicant unless the council 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 Health and Safety Code Section 50052.5, or for rents for the targeted units to be set in compliance with Government Code Section 65915(c); or b. The concession or incentive would have a specific adverse impact, as defined by Government A-3 Code Section 65589.5(d)(2), upon public health and safety, or the physical environment, or on any real property 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. C. Effect of incentive or concession. The granting of a concession or incentive shall not be interpreted, in and of itself, to require a General Plan amendment, Zoning Map amendment, or other discretionary approval. 88.32.040. - Continued Availability. The planning permit application for the affordable residential project shall include the procedures proposed by the developer to maintain the continued affordability of the designated lower income units as follows. These provisions shall apply to both rental and for -sale ownership units. A. Development Projects with Public Funding. A project that receives a direct financial contribution or other financial incentives from a public source (including the city, the Department of Housing and Urban Development (HUD), or state tax credit program), or a density bonus and at least one other concession or incentive in compliance with Section 88.32.030, shall maintain the availability of the designated lower income units for a minimum of 30 years, as required by Government Code Sections 65915(c) and 65916; or B. Private Development Projects—Density Bonus Only. Privately -financed projects that receive a density bonus as the only incentive from the city shall maintain the availability of the designated lower income units for a minimum of ten years. 88.32.050. - Location and Type of Designated Units. A. Location/Dispersal of Units. The designated units shall be reasonably dispersed throughout the project where feasible, shall contain on average the same number of bedrooms as the non -designated units in the project, and shall be compatible with the design or use of remaining units in terms of appearance, materials, and finished quality. B. Phasing. if a project is to be phased, the density bonus units shall be phased in the same proportion as the non -density bonus units, or phased in another sequence acceptable to the city. 88.32.060. - Processing of Bonus Requests. A. Use Permit Required. A request for bonus units shall require the approval of a use permit in compliance with Section 88.51.050. B. Findings for Approval. In addition to the findings required for the approval of a use permit in compliance with Section 88.51.050, the approval of a density bonus shall require that the commission first make all of the following additional findings: L The project will be consistent with the General Plan, except as provided by this chapter with regard to maximum density, density bonuses, and other incentives and concessions; 2. The approved number of dwellings can be accommodated by existing and planned infrastructure capacities; M 3. Adequate evidence exists to indicate that the project will provide affordable housing in a manner consistent with the purpose and intent of this chapter; 4. In the event that the city does not grant at least one financial concession or incentive as defined in Government Code Section 65915 in addition to the density bonus, that additional concessions or incentives are not necessary to ensure affordable housing costs as defined in Health and Safety Code Section 50052.5, or for rents for the targeted units to be set as specified in Government Code Section 65915(c); and 5. There are sufficient provisions to guarantee that the units will remain affordable for the required time period. 88.32.070. - Density Bonus Agreement. A. Procedures. An owner/developer requesting a density bonus, shall draft, and agree to enter into, a density bonus agreement (referred to in this section as the "agreement") with the city. The terms of the draft agreement shall be reviewed and revised as appropriate by the city manager and the city attorney. B. Execution of Agreement. 1. Following execution ofthe density bonus agreement by all parties, the city shall record the completed agreement on the parcels designated for the construction of designated dwelling units, at the county recorder's office. 2. The approval and recordation shall take place at the same time as the final map or, where a map is not being processed, before issuance of building permits for the units. 3. The agreement shall be binding to all future owners, developers, and/or successors -in -interest. C. information in Agreement. The density bonus agreement shall include at least the following information: 1. The total number of units approved for the housing development, including the number of designated dwelling units; 2. A description of the household income group to be accommodated by the housing development, and the standards and methodology for determining the corresponding affordable rent or affordable sales price and housing cost consistent with HUD Guidelines; 3. The marketing plan for the affordable units; 4. The location, unit sizes (square feet), and number of bedrooms of the designated dwelling units; 5. Tenure of the use restrictions for designated dwelling units of at least ten or 30 years, in compliance with Section 88.32.040 (Continued Availability), above; 6. A schedule for completion and occupancy of the designated dwelling units; 7. A description of the additional incentives being provided by the city; A-5 8. A description of the remedies for breach of the density bonus agreement by the owners, developers, and/or successors -in -interest of the project; and 9. Other provisions to ensure implementation and compliance with this chapter. D. Agreement Provisions. The density bonus agreement shall include at least the following provisions: I . The developer shall give the city the continuing right -of -first -refusal to lease or purchase any or all of the designated dwelling units at the appraised value; 2. The deeds to the designated dwelling units shall contain a covenant stating that the developer or successors -in -interest shall not assign, lease, rent, sell, sublet, or otherwise transfer any interests for designated units without the written approval of the city; 3. When providing the written approval, the city shall confirm that the price (rent or sale) of the designated dwelling unit is consistent with the limits established for low- and very low-income households, as published by HUD; 4. The city shall have the authority to enter into other agreements with the developer, or purchasers of the designated dwelling units, to ensure that the required dwelling units are continuously occupied by eligible households; 5. Applicable deed restrictions, in a form satisfactoryto the city attorney, shall contain provisions for the enforcement of owner or developer compliance. Any default or failure to comply may result in foreclosure, specific performance, or withdrawal of the certificate of occupancy. 6. In any action taken to enforce compliance with deed restrictions, the city attorney shall, if compliance is ordered by a court of competent jurisdiction, take all action that may be allowed by law to recover all of the city's costs of action including legal services. E. For -Sale Housing Conditions. In the case of a for -sale housing development, the density bonus agreement shall provide for the following conditions governing the initial sale and use of designated dwelling units during the applicable use restriction period: 1. Designated dwelling units shall be owner -occupied by eligible very low-, low-, or moderate -income households, or by qualified residents in the case of senior housing; and 2. The initial purchaser of each designated dwelling unit shall execute an instrument or agreement approved by the city which: a. Restricts the sale of the unit in compliance with this chapter during the applicable use restriction period; b. Contains provisions as the city may require to ensure continued compliance with this chapter and state law; and C. Shall be recorded against the parcel containing the designated dwelling unit. 3. The applicable restriction period shall be a minimum of ten years for projects with density bonus without financial subsidy or assistance and a minimum of 30 years for projects receiving financial M, assistance in compliance with Section 88.32.040 (Continued Availability). F. Rental Housing Conditions. In the case of a rental housing development, the density bonus agreement shall provide for the following conditions governing the use of designated dwelling units during the use restriction period: 1. The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies, and maintaining the designated dwelling units for qualified tenants; 2. Provisions requiring owners to annually verify tenant incomes and maintain books and records to demonstrate compliance with this chapter; 3. Provisions requiring owners to submit an annual report to the city, which includes the name, address, and income of each person occupying the designated dwelling units, and which identifies the bedroom size and monthly rent or cost of each unit; and 4. The applicable use restriction period shall be a minimum of ten years for projects with density bonus without financial subsidy or assistance and a minimum of 30 years for projects receiving financial assistance in compliance with Section 88.32.040 (Continued Availability). 88.32.080. - Control of Resale. In order to maintain the availability of affordable housing units constructed in compliance with this chapter, the following resale conditions shall apply. A. The price received by the seller of an affordable unit shall be limited to the purchase price plus an increase based on the Los Angeles metropolitan area consumer price index, an amount consistent with the increase in the median income since the date of purchase, or the fair market value, whichever is less. Prior to offering an affordable housing unit for sale, the seller shall provide written notice to the city of their intent to sell. The notice shall be provided by certified mail to the director. B. Home ownership affordable units constructed, offered for sale, or sold under the requirements of this section shall be offered to the city or its assignee for a period of at least 90 days from the date of the notice of intent to sell is delivered to the city by the first purchaser or subsequent purchasers. Home ownership affordable units shall be sold and resold from the date ofthe original sale only to households as determined to be eligible for affordable units by the city according to the requirements ofthis section. The seller shall not levy or charge any additional fees nor shall any "finders fee" or other monetary consideration be allowed other than customary real estate commissions and closing costs. C. The owners of any affordable unit shall attach and legally reference in the grant deed conveying title of the affordable ownership unit a declaration of restrictions provided by the city, stating the restrictions imposed in compliance with this section. the grant deed shall afford the grantor and the city the right to enforce the attached declaration of restrictions. The declaration of restrictions shall include all applicable resale controls, occupancy restrictions, and prohibitions as required by this section. D. The city shall monitor the resale of ownership affordable units. The city or its designee shall have a 90 -day option to commence purchase of ownership affordable units after the owner gives notification of intent to sell. Any abuse in the resale provisions shall be referred to the,city for appropriate action. A-7 88.32.090. - Waiver of Standards. A. Judicial relief. As provided by Government Code Section 65915(d).(3), the applicant may initiate judicial proceedings if the City refuses to grant a requested density bonus, incentive, or concession. B. Waiver of standards preventing the use of bonuses, incentives, or concessions. 1. As required by Government Code Section 65915(e), the City will not apply a development standard that will have the effect of precluding the construction of a development meeting the criteria of Subsection 20.30.020 A (Resident requirements), above, at the densities or with the concessions or incentives allowed by this Chapter. 2. An applicant may submit to the City a proposal for the waiver or reduction of development and zoning standards that would otherwise inhibit the utilization of a density bonus on a specific site, including minimum lot size, side setbacks, and placement of public works improvements. The applicant shall show that the waiver or modification is necessary to make the housing units economically feasible. C. City exemption. Except as provided in Subsections A. and B., above, nothing in this chapter shall be interpreted to require the City to: 1. Grant a density bonus, incentive, or concession, or waive or reduce development standards, if the bonus, incentive, concession, waiver, or reduction, would have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2), upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact; or 2. Grant a density bonus, incentive, or concession, or 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, or to grant any waiver or reduction that would be contrary to state or federal law. 88.70.020. - Definitions of Specialized Terms and Phrases Density Bonus. As defined by State law (Government Code Section 65915 et seq.), an increase over the maximum density otherwise allowed by the applicable zoning district, that is granted to the owner/developer of a housing project who agrees to construct a prescribed percentage of dwelling units that are affordable to households of very low, low, and/or moderate income and/or senior citizens. When determining the number of dwelling units that shall be affordable, the units authorized by the density bonus shall not be included in the calculation. Program 15 of the 2008-2014 Housing Element calls for the following Development Code Amendment: New Section: 88.42.082 Emergency Shelters A. Purpose. Consistent with Government Code §65582, 65583(a) and 65589.5, all California cities are required identify a zone in which to permit emergency shelters as a matter of right. The purpose of regulating the siting of emergency shelters is to ensure the development of emergency shelters do not M. adversely impact adjacent parcels or the surrounding neighborhood, and shall be developed in a manner which protects the health, safety, and general welfare of nearby residents and businesses while providing for the housing needs of the homeless. B. Use Standards. 1. The emergency shelter shall contain a maximum of 30 beds and shall serve no more than 30 homeless persons at any one time. 2. Occupancy by an individual or family may not exceed 180 consecutive days unless the management plan provides for longer residency by those enrolled and regularly participating in a training or rehabilitation program. Services shall be provided to assist residents to obtain permanent shelter, income, and services. No individual or household may be denied emergency shelter because of an inability to pay. 3. Adequate external lighting shall be provided for security purposes. The lighting shall be stationary and directed away from adjacent properties and public rights-of-way. The intensity shall comply with standard City performance standards for outdoor lighting. 4. Onsite management of the facility shall be required during all open hours of operation. 5. The emergency shelter provider/operator shall have a written management plan including, as applicable, provisions for staff training, neighborhood outreach, transportation issues, security, screening to ensure compatibility with services provided at the facility, and for training, counseling, and treatment programs for residents. 6. The emergency shelter facility shall demonstrate that it is in and maintains in good standing with County and/or State licenses, if required by these agencies for the owner(s), operator(s), and/or staff on the proposed facility. C. Development Standards. The development standards set forth Article 3 for the zone in which the emergency shelter is located shall apply, unless otherwise specified here. 1. No more than one emergency shelter shall be permitted within a radius of 300 feet of another such facility. 2. Interior on-site waiting and client intake areas must be at least 200 square feet. Outdoor onsite waiting areas may be a maximum of 100 square feet, and must be located within 50 feet of the public right-of-way. 3. Parking and outdoor facilities shall be designed to provide security for residents, visitors, and employees. 4. The development may provide one or more of the following specific common facilities for the exclusive use of the residents: a. Central cooking and dining room(s) b. Recreation room C. Counseling center d. Child care facilities ®. e. Other support services 5. On-site parking for emergency shelters shall be provided as set forth in Chapter 88.36. Section 88.24.005 Table 2-2: Allowed Land Uses and Permit Requirements for Districts Land Use Type PERMIT REQUIRED BY ZONE Specific Use DTC DCC DTV DE DW DWL Regulations RESIDENTIAL USES Emergency Shelter 12rm+si� P UP UP 88.42.082 Slielter Land Use Type PERMIT REQUIRED BY ZONE Specific Use Regulations DU -MU DU -RM. DU- RMO RESIDENTIAL USES Emergency Shelter-FFr.�tnsitic to &ke4ter UP 88.42.082 Single Room Oceu ancv Facility MUP MUP MUP 88.36.50 Number of Parking Spaces Required TABLE 3-7 — PARKING REQUIREMENTS BY LAND USE Emerttencv Shelter mace for each 5 beds and 2 additional spaces. Single Room Occupanev (SRO) I snace fbr each unit. Chapter 88.70.020 Emergency Shelter. Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. Single Room Occupancy (SRO) Facility. A facility providing dwelling units where each unit has a minimum floor area of 150 square feet and a maximum floor area of 300 square feet. These dwelling units may have kitchen or bathroom facilities and offered on a monthly basis or longer. Residential Care. A single-family dwelling or multi -unit facility licensed or supervised by a Federal, State, or local health/welfare agency that provides 24-hour nonmedical care of unrelated persons who are handicapped and in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual in a family -like environment. Does not include day care facilities, which are separately defined. Residential Care also includes supportive housing, which is defined as housing with no limit on length of stay that is occupied by a special needs population, and that is linked to regular onsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, A-10 and maximizing his or her ability to live and, when possible, work in the community. SECTION 3. CEQA. The City Council finds that the adoption of this revision to the Development Code is not subject to the California Environmental Quality Act ("CEQA") pursuant to Section 15060(c)(2) of the CEQA Guidelines, California Code of Regulations, Title 14, because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment; and Section 15060(c)(3) of the CEQA Guidelines because the activity is not a project as defined in Section 15378 of the CEQA Guidelines, because it has no potential for resulting in direct or indirect physical change to the environment. SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason deemed or 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 portion of this Ordinance. The City Council of the City of Azusa hereby declares that they would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause, or phrase would be declared invalid, unconstitutional, or unenforceable. SECTION 5. Finding of Fact. The City Council also finds that: A. The proposed amendment is consistent with the goals, policies and objectives of the general plan, any applicable specific plan, development agreement, owner participation agreement or disposition and development agreement. The proposed Development Code Amendment is consistent with the General Plan Goals and Policies, as the Housing Element has been reviewed for consistency with the City's other General Plan Elements and the policies and programs in the Housing Element reflect the policy direction contained in other parts of the General Plan. The Housing Element identifies priority goals, objectives, policies and action programs for the next five years that directly address the housing needs of Azusa. The action programs identified in the Housing Element as Programs 10, 14, and 15 call for the proposed Development Code Amendments 1:0 be implemented within the year 2011. Since the proposed Development Code Amendment plays an integral role in implementing the City's Housing Element of the General Plan, the proposed amendments are necessary to achieve consistency between the City's General Plan and Development Code. B. That the proposed zone change will not adversely affect surrounding properties. The proposed Development Code Amendment, implementing Programs 10, 14, and 15 of the Housing Element, will not adversely affect surrounding properties. The proposed Development Code Amendments will not result in a change to the City of Azusa's General Plan Land -use map or the Development Code Zoning Map A-11 SECTION 6. Effective date. This ordinance shall be in full force and effect thirty (30) days after its passage. SECTION 7. Summary. A summary of this ordinance shall be published in the mariner required by law. PASSED, APPROVED, AND ADOPTED this 18`h day of April 2011. �p /&..14 o�R. Rocha Mayor ATTEST: Vera Mendoza City Clerk I, Vera Mendoza, City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance No. 11-04, was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 4`h day of April, 2011, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 18"' day of April, 2011, by the following vote, to wit: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED AS TO FORM: A SoniR. Carvalho i City ittomey A-12