HomeMy WebLinkAboutOrd. No. 2008-1253
ORDINANCE NO. 1253
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER
17.26 OF THE LAKE ELSINORE MUNICIPAL CODE
REGARDING DENSITY BONUSES
WHEREAS, California Government Code Section 65915 requires that
each city adopt an ordinance establishing local procedures for the administration
of density bonuses and incentives; and
WHEREAS, the City of Lake Elsinore desires to add Chapter 17.26 of the
Lake Elsinore Municipal Code to conform with state law and to establish
procedures and regulations with respect to density bonuses and incentives within
the City of Lake Elsinore; and
WHEREAS, at a public hearing on April 1, 2008, the Planning
Commission considered the proposed density bonus ordinance and
recommended that the City Council approve the addition of Chapter 17.26 to the
Lake Elsinore Municipal Code; and
WHEREAS, in consideration of the Planning Commission's
recommendation and evidence presented by the Community Development
Department, Redevelopment Agency Staff, and other interested parties at a
public hearing held on April 22, 2008, the City Council of the City of Lake
Elsinore desires to add Chapter 17.26 to the Lake Elsinore Municipal Code as
set forth herein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. That Chapter 17.26 is added to the Lake Elsinore Municipal
Code, as follows:
Section 17.26.010. Purpose. The purpose of this Chapter 17.26 is to
satisfy the City's obligations under Government Code Section 65915 et seq. (the
"State Density Bonus Law"), as amended from time to time. Chapter 17.26
specifies the procedures for providing density bonuses and incentives to
applicants who seek such density bonuses for housing development within, or for
the donation of land for housing within, the City of Lake Elsinore. Interpretation
of the requirements, definitions, and standards set forth in Chapter 17.26 shall be
construed so as not to be inconsistent with the State Density Bonus Law.
Section 17.26.020. Definitions. As used in this Chapter, the following
terms shall have. the following meanings unless otherwise indicated from the
context:
"Additional Incentive" shall have the meaning set forth in Section
17.26.045(a) of this Chapter.
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"Affordable Rent" means monthly housing expenses, including a
reasonable allowance for utilities, for Restricted Units reserved for rental to Very
Low or Lower Income Households, not exceeding the following calculations:
(1) Very Low Income: 50 percent of the Area Median Income for the
county, adjusted for household size, multiplied by 30 percent and
divided by 12; and
(2) Lower Income: 60 percent of the Area Median Income for the
county, adjusted for household size, multiplied by 30 percent and
divided by 12.
"Affordable Housinq Cost" means the sum of actual or projected monthly
payments for all of the following associated with for-sale Restricted Units:
principal and interest on a mortgage loan, including any loan insurance fees,
property taxes and assessments, fire and casualty insurance, property
maintenance and repairs, homeowners' association fees, and a reasonable
allowance for utilities; provided that such sum meets the requirements set forth in
Section 50052.5 of the Health and Safety Code.
"Affordable Sales Price" means a sales price at which households can
qualify for the purchase of Restricted Units based on Affordable Housing Cost for
the particular Household Type the project is restricted to (e.g., Very Low Income,
Lower Income, or Moderate Income Household), calculated on the basis of
underwriting standards of mortgage financing available for the development.
"Area Median Income" means the median family income of a geographic
area of the state, as published annually by the California Department of Housing
and Community Development pursuant to Health and Safety Code Section
50093.
"Child Care Facility" 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 school age child care centers.
"Common Interest Development" means a multifamily development
complying with the requirements of subdivision (c) of Section 1351 of the Civil
Code.
"Density Bonus" means, unless a lesser percentage is requested by the
applicant, a minimum increase in the number of dwelling units authorized for a
particular parcel of land of:
(i)
at least 5 percent over the otherwise Maximum Residential
Density if the project does not meet the requirements of
subsection (a)(1), (a)(2), or (a)(3) of Section 17.26.030 hereof
and the project is a Common Interest Development or Planned
Development that meets the requirements of subsection (a)(4)
of Section 17.26.030 hereof. The percentage of Density Bonus
granted shall increase by 1 percent for every 1 percent increase
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above 10 percent (the threshold percentage of units required by
Section 17.26.030(a)(4)), up to a maximum Density Bonus of 35
percent over the Maximum Residential Density; or
(ii) at least 20 percent over the otherwise Maximum Residential
Density for projects containing units restricted to occupancy by
Lower Income Households. The percentage of Density Bonus
granted shall increase by 1.5 percent for every 1 percent above
10 percent (the threshold percentage of units required by
Section 17.26.030(a)(1)) up to a maximum Density Bonus of 35
percent over the Maximum Residential Density; or
(iii) at least 20 percent over the permitted Maximum Residential
Density for projects containing units restricted to occupancy by
Very Low Income Households. The percentage of Density
Bonus granted shall increase by 2.5 percent for every 1 percent
above 5 percent (the threshold percentage of units required by
Section 17.26.030(a)(2)), up to a Maximum Density Bonus of 35
percent over the Maximum Residential Density; or
(iv) 20 percent over the Maximum Residential Density if the Project
meets the requirements of Subsection (a)(3) of Section
17.26.030 hereof.
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For the purpose of calculating a Density Bonus, the residential units do not
have to be based upon individual subdivision maps or parcels. When calculating
the Density Bonus, the applicant requesting the Density Bonus shall elect
whether the bonus shall be awarded on the basis of subdivision (a)(1), (a)(2),
(a)(3), or (a)(4) of Section 17.26.030 of this Chapter. The Density Bonus shall be
permitted in geographic areas of the Housing Development other than the areas
where the units for the Very Low, Moderate, or Lower Income Households are
located. 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 Section 17.26.030 of this Chapter.
All Density Bonus calculations resulting in fractional numbers shall be rounded
up to the next whole number.
"Density Bonus Aoreement" means a legally binding agreement between a
developer and the City to ensure that the requirements of this Chapter are
satisfied. The agreement, shall establish among other things, the number of
Restricted Units, their size, location, terms and conditions of affordability, and
production schedule. See Section 17.26.060 of this Chapter.
"Density Bonus Law" means California Government Code Section 65915
et seq., as amended from time to time.
"Density Bonus Units" means those residential units granted pursuant to
the provisions of this Chapter which exceed the otherwise Maximum Residential
Density for the development of the site.
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"Development Standard" includes site or construction conditions that apply
to a residential development pursuant to any ordinance, general plan element,
specific plan, municipal code amendment, or other local condition, law, policy,
resolution, or regulation.
"Economically Feasible" means a housing project that can be built with a
reasonable rate of return. The housing developer's financial ability to build the
project shall not be a factor. .
"EIiQible Proiect" means a residential development project qualifying for a
Density Bonus within the meaning of this Chapter.
"Household Type" means whether the occupants of the housing units are
members of a Very Low Income, Lower Income, or Moderate Income Household
or are Senior Citizens.
"HousinQ Development" means one or more groups of projects consisting
offive or more residential units (excluding Density Bonus Units), including single-
family, multifamily, and mobile homes for sale or rent pursuant to this Chapter
and including a subdivision or Planned Development or Common Interest
Development. Housing Development also includes either (1) a project to
substantially rehabilitate and convert an existing commercial building to
residential use, or (2) the substantial rehabilitation of an existing multifamily
dwelling, as defined in subdivision (d) of Section 65863.4 of the Government
Code, where the result of the rehabilitation would be a net increase in available
residential units.
"Lower Income Household" means a household whose gross income is as
established by Health and Safety Code Section 50079.5, as amended from time
to time.
"Maximum Residential Density" means the maximum number of
residential units allowed by the General Plan range specified on the land use
map of the City's General Plan Land Use Element and Zoning Ordinance as of
the date of the project application, excluding the provisions of this Chapter. If the
Housing Development is within a planned development overlay zone, the
Maximum Residential Density shall be determined on the basis of the general
plan and the maximum density of the underlying zone.
"Moderate Income Household" means a household whose gross income is
as established by Health and Safety Code Section 50093, as amended from time
to time.
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"Planned Development" means a development described in subdivision (k)
of Civil Code Section 1351, as amended from time to time.
"Restricted Unit" means a dwelling unit within a Housing Development
which will be reserved for sale or rent to, and affordable to, Very Low Income,
Lower Income, or Moderate Income Households or Senior Citizens in
accordance with the terms of this Chapter.
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"Senior Citizen" means:
(1) Persons at least 62 years of age; or
(2) Persons at least 55 years of age in a Senior Citizen Housing
Development, as defined by state and federal law.
"Senior Citizen Housina Development" has the meaning set forth in
Sections 51.3 and 51.2 of the California Civil Code, as amended from time to
time.
"Senior Citizen Units" means:
(1) Assisted housing units for Senior Citizens; or
(2) Housing intended for, and solely occupied by, persons at
least 62 years of age; or
(3) Housing consisting of at least 150 units in which 80 percent
of the units have at least one person aged 55 or older and which
provide special facilities and services designed for seniors.
Eligibility for a Density Bonus or other incentive for Senior Citizen
Units must be in conformity with state and federal laws governing
senior housing projects; or
(4) Mobilehome parks that limit residency based on age
requirements for housing for older persons pursuant to Sections
798.76 or 799.5 of the Civil Code, as amended from time to time.
"Very Low Income Household" means a household whose gross income is
as established by Health and Safety Code Section 50105, as amended from time
to time.
Section 17.26.030. Restricted Occupancy.
(a) The City shall grant a Density Bonus and at least one Additional
Incentive as set forth in Sections 17.26.040 and 17.26.045 hereof, or provide
other incentives or concessions of equivalent financial value based upon the land
cost per dwelling unit, except as provided in Section 17.26.040 below, to a
project applicant of a Housing Development, who applies for and agrees to
provide any of the following:
(1) At least 10 percent of the units (excluding Density Bonus
Units) as Restricted Units restricted to occupancy by Lower Income
Households; or
(2) At least 5 percent of the units (excluding Density Bonus
Units) as Restricted Units restricted to occupancy by Very Low
Income Households; or
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(3) At least 35 units restricted as Senior Citizen Units, unless
prohibited by state and/or federal law; or
(4) At least 10 percent of the units (excluding Density Bonus
Units) in a Common Interest Development or a Planned
Development as Restricted Units restricted to occupancy by
Moderate Income Households.
(b) When an applicant proposes to construct a Housing Development
that conforms to the requirements of subsection (a) above and includes a Child
Care Facility that will be located on the premises of, as part of, or adjacent to, the
Housing Development project, the City shall grant either of the following, except
as provided in Section 17.26.040 below:
(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 Child Care Facility; or
(2) an Additional Incentive that contributes significantly to the
economic feasibility of the construction of the Child Care Facility.
(c) In determining the minimum number of Density Bonus Units to be
granted pursuant to this section, the Maximum Residential Density for the site
shall be multiplied by the appropriate percentage(s) set forth in the definition of
Density Bonus. When calculating the number of permitted Density Bonus Units,
any fractions of units shall be rounded to the next largest integer.
(d) In determining the number of Restricted Units to be provided
pursuant to this section, the Maximum Residential Density for the site shall be
multiplied by 0.05 where Very Low Income Households are targeted or by 0.10
where Moderate or Lower Income Households are targeted. The Density Bonus
Units shall not be included when determining the total number of Restricted Units
in the Housing Development. When calculating the required number of
Restricted Units, any resulting decimal fraction shall be rounded to the next
largest integer.
(e) In cases where a density increase of less than 5 percent (for a
qualifying Common Interest Development or Planned Development) or 20
percent (for Restricted Units targeted to Very Low Income Households and/or
Lower Income Households) is requested, no reduction will be allowed in the
number of Restricted Units required. In cases where a density increase of more
than 35 percent is requested, the requested density increase, if granted, shall be
considered an Additional Incentive, as outlined in Section 17.26.045 hereof.
(f) If a project applicant agrees to construct more than 10 percent of
the total units for Lower Income Households, more than 5 percent of the total
units for Very Low Income Households, or more than 10 percent of the total units
in a Common Interest Development or Planned Development for Moderate
Income Households, such that the calculation of Density Bonus Units would
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result in a Density Bonus of more than 35 percent, the project applicant remains
entitled to only one Density Bonus and one or more Additional Incentive(s)
pursuant to Sections 17.26.040 and 17.26.045 hereof. Similarly, a project
applicant who agrees to construct Senior Citizen housing with 10 percent or 5
percent of the units reserved for Lower or Very Low Income Households,
respectively, or 10 percent of the total units in a Senior Citizen Common Interest
Development for Moderate Income Households, is only entitled to one Density
Bonus and an Additional Incentive(s). The City may, however, grant Additional
Incentives in addition to those required by Sections 17.26.040 and 17.26.045
hereof to facilitate the inclusion of more Restricted Units than are required by this
Chapter.
(g) If an applicant agrees to construct both 10 percent of the total units
for Lower Income Households and 5 percent of the total units for Very Low
Income Households, or either one or both of the foregoing and 10 percent of the
units in a Common Interest Development or Planned Development for Moderate
Income Households, the developer is entitled to only one Density Bonus and the
Additional Incentive(s) required by Sections 17.26.040 and 17.26.045 hereof,
although the City may, at its discretion, grant more than one Density Bonus or
Additional Incentive to facilitate the inclusion of more Restricted Units than are
required by this Chapter.
(h) The City shall not be required to approve a project solely because a
project complies with Density Bonus requirements. However, a Housing
Development which seeks and qualifies for a Density Bonus and Additional
Incentive(s) cannot be approved without granting the Density Bonus and the
Additional Incentive(s) or an alternative incentive of equivalent financial value
based upon the land cost per dwelling unit.
(i) Nothing in this Chapter limits the City's right to deny an affordable
housing project as provided for in Government Code Section 65589.5, as
amended from time to time.
Section 17.26.035. Donation of Land.
When an applicant for a tentative subdivision map, parcel map, or other
residential development approval donates land to the City as provided for in this
Section 17.26.035, the applicant shall be entitled to a 15 percent increase above
the otherwise Maximum Residential Density for the entire development.
For each 1 percent increase above the minimum 10 percent land donation
described in subsection (2) below, the Density Bonus shall be increased by 1
percent, up to a maximum of 35 percent. This increase shall be in addition to
any Density Bonus and/or Additionallncentive(s) to which the applicant is entitled
as a result of its qualification, if any, under Section 17.26.030(a) above, up to a
maximum combined mandated density increase of 35 percent if an applicant
seeks both the increase required pursuant to this Section and Section
17.26.030(a).
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All density calculations resulting in fractional units shall be rounded up to
the next whole integer. Nothing in this Section shall be construed to enlarge or
diminish the authority of the City to require a developer to donate land as a
condition of development.
An applicant shall be eligible for the increased density described in this
Section if all of the following conditions are met:
(1) 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.
(2) The developable acreage and zoning classification of the land
being transferred to the City are sufficient to permit construction of
Restricted 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.
(3) 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 City may subject the proposed development to
subsequent design review to the extent authorized by subdivision (i) of
Health and Safety Code Section 65583.2, as amended from time to time, if
the design is not reviewed by the City prior to the time of transfer.
(4) The transferred land and the affordable units shall be subject to a
deed restriction ensuring continued affordability of the units consistent with
Section 17.26.050, which shall be recorded on the property at the time of
dedication.
(5) The land is transferred to the City or to a housing developer
approved by the City. The City may require the applicant to identify and
transfer the land to another developer.
(6) The transferred land shall be within the boundary of the proposed
development or, if the City agrees, within one-quarter mile of the boundary
of the proposed development.d
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Section 17.26.040. Grant or Denial of Additional Incentives
(a) The City shall provide a Density Bonus and the following number of
Additional Incentives for qualified Housing Developments, upon the written
request of the developer. The developer shall receive the following number of
Additional Incentives:
(1) One Additional Incentive for projects that include at least 10
percent of the total units (excluding Density Bonus Units) for Lower
Income Households, at least 5 percent of the total units (excluding
Density Bonus Units) for Very Low Income Households, or at least
10 percent of the total units (excluding Density Bonus Units) for
Moderate Income Households in a Common Interest Development
or Planned Development.
(2) Two Additional Incentives for projects that include at least 20
percent of the total units (excluding Density Bonus Units) for Lower
Income Households, at least 10 percent of the total units (excluding
Density Bonus Units) for Very Low Income Households, or at least
20 percent of the total units (excluding Density Bonus Units) for
Moderate Income Households in a Common Interest Development
or Planned Development.
(3) Three Additional Incentives for projects that include at least
30 percent of the total units (excluding Density Bonus Units) for
Lower Income Households, at least 15 percent of the total units
(excluding Density Bonus Units) for Very Low Income Households,
or at least 30 percent of the total units (excluding Density Bonus
Units) for Moderate Income Households in a Common Interest
Development or Planned Development.
(b) The City shall grant the Additional Incentive(s) unless the City
makes a written finding, based on substantial evidence, of either of the following:
(1) The Additional Incentive is not required in order to provide
for Affordable Housing Costs, or for rents for the Restricted Units to
be set as specified in Section 17.26.050 hereof.
(2) The Additional Incentive would have a specific adverse
impact, as defined in paragraph (2) of subdivision (d) of Section
65589.5 of the Government Code, upon the public health and
safety or the physical environment or on any real property that is
listed in the California Register of Historical Resources, and there is
no feasible method to satisfactorily mitigate or avoid the specific
adverse impact without rendering the development unaffordable to
Very Low, Lower, and Moderate Income Households.
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(c) The City may offer an equivalent financial incentive in lieu of
granting a Density Bonus and the Additional Incentive(s). The value of the
equivalent financial incentive shall equal at least the land cost per dwelling unit
savings that would result from (i) the Density Bonus and the Additional
Incentive(s) otherwise required by this Chapter, or (ii) the Density Bonus required
by this Chapter, where an Additional Incentive is not requested or is determined
unnecessary. Any equivalent financial incentive must contribute significantly to
the economic feasibility of providing the Restricted Units pursuant to this
Chapter.
(d) Notwithstanding any requirement of this Chapter, the City shall not
be required to provide a Density Bonus or Additionallncentive(s) for a Child Care
Facility if it finds, based upon substantial evidence, that the community has
adequate child care facilities.
Section 17.26.045. Additional Incentives.
(a) Additional Incentives may include, but are not limited to, 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.
(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 concessions proposed by the project
applicant or the City, which result in identifiable cost reductions.
Permissible concessions include, but are not limited to:
i. Reduction of park land dedication fees;
ii. Provision of tax-exempt financing or other financial
assistance as approved by the City Councilor
Redevelopment Agency;
Hi. Reduction or elimination of child care fees; and
iv. Expedited processing of applicant's use application
and building permits.
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(4) A Density Bonus of more than 35 percent, but not greater
than 50 percent.
(5) Direct financial aid (e.g., redevelopment set-aside,
community development block grant funding) in the form of a loan
or a grant to subsidize or provide low interest financing for on- or
off-site improvements, land, or construction costs.
(b) An applicant may submit to the City a proposal for the specific
Additional lncentive(s) it is requesting, and/or for a waiver or reduction of zoning
or development standards (hereinafter "Waiver or Modification"), and may
request a meeting with the City. The City shall grant such a meeting to the
applicant.
(c) Applicants seeking a Waiver or Modification that would otherwise
inhibit the utilization of a Density Bonus on a particular site shall comply with
procedures set forth in Section 17.26.070(g) of this Chapter. Applicant shall not
be required to seek a general plan amendment, zoning change, or other
discretionary approval when requesting a Waiver or Modification in accordance
with this Chapter.
(d) The City may offer an equivalent financial incentive in lieu .of
granting a Density Bonus and any Additional Incentive(s) in accordance with
Section 17.26.040(c) hereof.
Section 17.26.050. Affordability Standards.
(a) For units restricted to occupancy by Very Low and Lower Income
Households that qualified the applicant for the award of the Density Bonus, an
applicant shall agree to, and the City shall require, continued affordability of the
Restricted Units 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. Those units targeted for Lower and Very
Low Income Households shall be affordable at a rent as defined in Section 50053
of the Health and Safety Code, as amended from time to time.
(b) An applicant shall agree to, and the City shall require, that the initial
occupants of Restricted Units that are directly related to the receipt of a Density
Bonus in a Common Interest Development or in a Planned Development qualify
as Moderate Income Household(s). Upon resale, the seller of the unit shall retain
the value of any improvements, the down payment, and the seller's proportionate
share of appreciation. The seller shall pay to the City both the initial subsidy
received by the seller from the City and the City's proportionate share of
appreciation. The City's proportionate share of the appreciation 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 to promote homeownership. For
purposes of this subdivision, the City's proportionate share of appreciation shall
be the ratio of the initial subsidy to the fair market value of the home at the time
of the initial sale. The local government's initial subsidy shall be equal to the fair
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market value of the home at the time of initial sale minus the initial sale price to
moderate income household, plus the amount of any down payment assistance
or mortgage assistance. If upon resale the market value is lower than the initial
market value, then the value at the time of lhe resale shall be used as the initial
market value.
(c) A Density Bonus Agreement between the project applicant and the
City shall be made a condition of the discretionary planning permits for all
Housing Developments seeking a Density Bonus pursuant to this Chapter. The
Density Bonus Agreement shall be recorded as a restriction on the parcel or
parcels on which the Restricted Units will be constructed prior to the
commencement of the construction. The Density Bonus Agreement shall be
consistent with Section 17.26.060 hereof and include any other applicable
requirements set forth elsewhere in this Chapter.
(d) Restricted Units in a project and phases of a project shall be
constructed concurrently with or prior to the construction of market-rate units
unless both the City and the project applicant agree within the Density Bonus
Agreement to an alternative schedule for development.
(e) Restricted Units shall be provided as follows:
(1) When practical, Restricted Units shall be dispersed
throughout the project;
(2) Restricted Units shall be built on-site;
(3) Restricted Units shall be identical with the design of any
market rate rental units in the project with the following exception:
Reduction of interior amenities for Restricted Units will be permitted
upon prior approval by the City as necessary to retain project
affordability; and
(4) Where feasible, the number of bedrooms of the Restricted
Units shall be equivalent to the bedroom mix of the nonrestricted
units of the Housing Development, except that the developer may
include a higher proportion of Restricted Units with more bedrooms.
(f) Housing Developments shall comply with all applicable
development standards, except as provided by this Chapter.
(9) The project applicant shall submit a detailed project financial report
(pro forma) in such form as required by the City, which demonstrates the
financial need for the Additional Incentives requested. The City may retain a
consultant to review the financial report. The cost of the consultant shall be
borne by the developer with the following exception: If the applicant is a nonprofit
organization, the cost of the consultant may be paid by the City upon prior
approval of the City Council.
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(h) If the applicant has applied to construct a Housing Development
that includes a Child Care Facility, then, as a condition of the approval of the
Housing Development, the applicant shall agree to cause the Child Care Facility
to (a) remain in operation for a period of time that is as long as or longer than the
period of time during which the Restricted Units are required to remain restricted
and affordable to Very Low, Lower and/or Moderate Income Households, as
applicable, in accordance with this Chapter; and (b) include in its attendance a
percentage of children from Very Low, Lower and/or Moderate Income
Households, as applicable, proportionate to or greater than the percentage of
Restricted Units in the project restricted to such Very Low, Lower and/or
Moderate Income Households, as applicable, required by this Chapter.
(i) Upon the request of the developer, the City shall not require a
vehicular parking ratio, inclusive of handicapped and guest parking, of a
development meeting the criteria of subsection (a) of Section 17.26.030 hereof,
that exceeds the following ratios:
(1) Zero to one bedrooms: 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.
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 Section, a development may provide "onsite parking"
through tandem parking or uncovered parking, but not through on-street parking.
This Section shall apply to a development that meets the requirements of
subsection (a) of Section 17.26.030 hereof 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 Sections 17.26.035 and
17.26.045 hereof.
Section 17.26.060. Density Bonus Agreement Requirements.
(a) All Restricted Units shall be occupied by the Household Type
specified in the written Density Bonus Agreement required under this section.
The required Density Bonus Agreement shall be recorded as a deed restriction
running with the land. The approval and recordation of the deed restriction shall
take place prior to final map approval or, where a map is not being processed,
prior to issuance of building permits for such parcels or units. The Density Bonus
Agreement shall be binding on the current owner and all future owners and
successors in interest thereof.
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(b) The Density Bonus Agreement shall include at least the following:
(1) The total number of units approved for the Housing
Development, including the number of Restricted Units;
(2) A description of the Household Type to be accommodated
by the Restricted Units, as outlined in Section 17.26.030 of this
Chapter, and the standards for determining the corresponding
Affordable Rent or Affordable Sales Price at an Affordable Housing
Cost;
(3) The location, unit sizes (square feet), and number of
bedrooms of Restricted Units;
(4) Tenure of use restrictions for Restricted Units of at least 30
years or the requirement of an equity share upon sale of the unit, in
accordance with Section 17.26.050 of this Chapter;
(5) A schedule for completion and occupancy of the Housing,
Development, including the Restricted Units;
(6) A description of the Additionallncentive(s) being provided by
the City;
(7) A description of remedies for breach of the agreement by
either party;
(8) If applicable, the provisions required by Section 65916 of the
Government Code, as amended from time to time; and
(9) Other provisions to ensure implementation and compliance
with this Chapter.
(c) In the case of for-sale Housing Developments, the Density Bonus
Agreement shall provide for the following conditions governing the initial sale and
use of Restricted Units:
(1) Restricted Units shall, upon initial sale, be sold to eligible
Very Low, Lower, or Moderate Income Households at an Affordable
Sales Price and Affordable Housing Cost, or to Senior Citizens (i.e.,
maintained as Senior Citizen housing) as defined by this Chapter;
(2) Restricted Units shall be initially owner-occupied by eligible
Very Low, Lower, or Moderate Income Households, or by Senior
Citizens in the case of Senior Citizen housing; and
(3) The initial purchaser of each Restricted Unit shall execute an
instrument or agreement approved by the City agreeing to pay the
City its proportionate share of appreciation upon the sale of the
Restricted Unit in accordance with Section 17.26.050(b) of this
Chapter. Such instrument or agreement shall be recorded against
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(1) A brief description of the proposed Housing Development,
including the total number of units, Restricted Units, and Density
Bonus Units proposed.
(2) The zoning and general plan designations and assessors
parcel number(s) of the project site.
(3) A vicinity map and preliminary site plan, drawn to scale,
including building footprints, driveway, and parking layout.
(4) If an Additional Incentive is requested, the application should
describe why the Additional Incentive is necessary to provide the
Restricted Units.
(5) Other information as may be required by the Planning and
Community Development Departments.
(d) Within 90 days of receipt of the preliminary application the City shall
provide to the applicant, a letter which identifies project issues of concern, the
maximum financial assistance that the Director of Community Development can
provide when making a recommendation to the City Council, and the procedures
for compliance with this Chapter.
(e) The Director of Community Development shall inform the applicant
that the requested Additional Incentive(s) shall be recommended for
consideration with the proposed Housing Development, or that alternative or
modified Additional Incentive(s) pursuant to this Chapter shall be recommended
for consideration in lieu of the requested Additional Incentive(s). If alternative or
modified Additionallncentive(s) are recommended by the Director of Community
Development, the recommendation shall establish how the alternative or
Additional Incentive(s) can be expected to have an equivalent affordability effect
as the requested Additionallncentive(s).
(f) An application pursuant to this Chapter shall be processed
concurrently with any other application(s) required for the Housing Development.
The decision-making body authorized to approve the discretionary permit for the
underlying project shall also be the decision-making body for the Density Bonus
application. If the underlying project is a use by right (Le., does not require any
discretionary permit), the decision-making body for the Density Bonus application
shall be the Director of Community Development and the review process shall
follow the process set forth for the Director of Community Development's permits
established by the City. An application for a Density Bonus shall provide
additional information as specified in this Chapter, specifically:
(1) A written statement specifying the information set forth in
subsection (a) above;
(2) A project financial report (pro forma);
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(3) If a Waiver or Modification is requested, the application
should describe why deviation from the established development or
zoning standards is necessary to provide the Restricted Units, in
accordance with this Chapter; and
(4) Any other information requested by the Director of
Community Development.
(g) An applicant requesting Waiver or Modification must follow the
following procedures:
(1) File an application with the Director of Community
Development seeking a Waiver or Modification. The application
shall demonstrate that such deviations are necessary to make the
Housing Development Economically Feasible in accordance with
Government Code Section 65915(f), as amended from time to time.
(2) The Director of Community Development or his/her designee
shall review the application seeking a Waiver or Modification. After
reviewing the application, the Director of Community Development
shall set the matter for a public hearing before the Planning
Commission at which hearing evidence shall be taken.
(3) Written notice of the hearing shall be mailed, at least twenty-
four (24) days before the date of the hearing. The notice shall be
delivered to the applicant and property owners and occupants of
property within five hundred feet (500') of the property that is
subject to the request.
(4) The Director of Community Development shall prepare a
report to the Planning Commission with conclusions and
recommendations relating to the request for a Waiver or
Modification.
(5) The Planning Commission shall make a determination
supported by substantial evidence on the application for Waiver or
Modification. The Planning Commission's decision shall be
supported by written findings.
(6) An application for Waiver or Modification may be denied only
on the grounds set forth in subdivision (d) (2) of Government Code
Section 65915, as amended from time to time.
(7) The Planning Commission shall provide the applicant with
Notice of Determination within fifteen (15) calendar days of the date
the decision is made.
(8) The Planning Commission decision is final unless appealed
to the City Council within fifteen (15) calendar days of the date of
the mailing of the Notice of Determination.
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the parcel containing the Restricted Unit and shall contain such
provisions as the City may require to ensure continued compliance
with this Chapter and the State Density Bonus Law.
(d) In the case of rental Housing Developments, the Density Bonus
Agreement shall provide for the following conditions governing the use of
Restricted Units during the use restriction period:
(1) The requirements and procedures for qualifying tenants,
establishing Affordable Rent, filling vacancies, and maintaining
Restricted Units for qualified tenants;
(2) Provisions requiring owners to verify tenant incomes and
maintain financial 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 any Restricted Unit, and which identifies the bedroom
size and monthly rent or cost of each Restricted Unit; and
(4) Property management and maintenance guarantees.
(e) If the applicant has applied to construct a Housing Development
that includes a Child Care Facility, then the Density Bonus Housing Agreement
shall include provisions which require continued compliance with the
requirements of Subsection (g) of Section 17.26.050 above.
(f) The City may establish fees associated with establishing and
monitoring of Restricted Units.
Section 17.26.070. Application Procedure.
(a) A project applicant may submit to the Community Development
Department a preliminary application for the development of housing pursuant to
this Chapter prior to the submittal of any formal application. The City shall, within
90 days of receipt of the preliminary application, notify the project applicant in
writing of its procedures for granting a Density Bonus and/or Additional
Incentives if such benefits are requested. The project applicant may also submit
a preliminary application for a Waiver or Modification pursuant to this Chapter.
The City's procedures for Waiver and Modification are set forth below in
subdivision (g) of this Section.
(b) Applicants are encouraged to schedule a pre-application
conference with the Director of Community Development or designated staff to
discuss and identify potential application issues, including prospective Additional
Incentive(s). No charge will be required for the pre-application conference.
(c) A preliminary application shall include the following information:
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SECTION 2. SEVERABILITY
If any provision, clause, sentence, or paragraph of this Ordinance or the
application thereof to any person or circumstance shall be held invalid, such
invalidity shall not affect the other provisions of this Ordinance and are hereby
declared to be severable.
SECTION 3. NOTICE OF ADOPTION
The City Clerk shall certify as to adoption of the Ordinance and cause this
Ordinance to be published and posted in the manner required by law.
SECTION 4. EFFECTIVE DATE
This Ordinance shall take effect thirty (30) days after the date of its
passage. The City Clerk shall certify as to adoption of the Ordinance and cause
this Ordinance to be published and posted in the manner required by law.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City
Council of the City of Lake Elsinore, California, on this 13TH ay of Mav 2008.
HICKMAN
MAYOR
L
V IAN M. MUNSON
CITY CLERK
APPROVED AS TO FORM: .
-~~
BARBARA ZEID LEIBOLD
CITY ATTORNEY
18
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.
CITY OF LAKE ELSINORE )
I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California,
hereby certify that the foregoing Ordinance No. 1253 was introduced at a regular
meeting of the City Council of the City of Lake Elsinore on the 22nd day of April
2008, and was finally passed at a regular meeting of the City Council of the City
of Lake Elsinore held on the 13th day of May 2008 by the following roll call vote:
AYES:
Mayor Daryl Hickman, Mayor Pro Tern Genie Kelley,
Councilmembers Thomas Buckley, Robert E. Magee and
Robert Schiffner
NOES:
None
ABSENT:
None
ABSTAIN: None
LM.bJo;~
CITY CLERK
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