HomeMy WebLinkAboutStaff Report 3.G 12/15/2014DATE: December 15, 2014
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Scott Duiven, Senior Plannev/%"p
SUBJECT: An Ordinance (Second Reading) Amending the Implementing Zoning Ordinance,
Ordinance No. 2300 N.C.S. and the SmartCode, Ordinance No. 2470 N.C.S. to
Implement State Housing Element Law
RECOMMENDATION
It is recommended that the City Council adopt the attached Ordinance Amending the
Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. and the SmartCode, Ordinance
No. 2470 N.C.S. to Implement State Housing Element Law
BACKGROUND
On December 1, 2014, the City Council unanimously approved the first reading of an ordinance
amending the Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. and the SmartCode,
Ordinance No. 2470 to Implement State Housing Element Law. There were no changes to the
ordinance. The Council however did modify the Housing Element's in -lieu policy to require
projects with more than thirty (30) units located within a V2 -mile radius of a planned SMART
station to provide affordable housing on site. Projects with thirty (30) or fewer units within the
same area are encouraged to provide affordable units on site. The current housing element cycle
requires that certain state mandates related to zoning be met prior to certification of the City's
2015-2023 Housing Element. The attached ordinance amends zoning provisions to address the
following changes in State of California Housing Element Law.
• Zoning for Emergency Shelters: Chapter 633, Statute of 2007 (SB2) requires that at least
one zone shall be identified to permit emergency shelters without a conditional use
permit or other discretionary action.
• Zoning for Transitional and Supportive Housing: Transitional and supportive housing
shall be considered a residential use and only subject to those restrictions that apply to
other residential uses of the same type in the same zone.
• Density Bonus Ordinance: State law requires that counties and cities adopt local
legislation to implement the requirements of the State's residential density bonus law
(Government Code Section 65915).
FINANCIAL IMPACTS
None, the zoning amendments are aimed at facilitating efforts to provide affordable housing.
ATTACHMENTS
1. Ordinance Amending the Implementing Zoning Ordinance and SmartCode
ATTACTIMENT 91
EFFECTIVE DATE ORDINANCE NO. XXXX N.C.S.
OF ORDINANCE
Introduced by Seconded by
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING THE
IMPLEMENTING ZONING ORDINANCE, ORDINANCE NO. 2300 N.C.S. AND THE
SMARTCODE, ORDINANCE NO. 2470 N.C.S. TO IMPLEMENT STATE HOUSING ELEMENT LAW
WHEREAS, Section 25.010 of the City of Petaluma Implementing Zoning Ordinance (IZO)
provides in pertinent part that no amendment that regulates matters listed in Government Code
Section 65850 shall be made to the IZO unless the Planning Commission and City Council find the
amendment to be in conformity with the General Plan; and
WHEREAS, staff has proposed a series of provisions amending the IZO, Chapter 4, Section
4.030, Allowable Land Uses and Permit Requirements; replacing the existing Chapter 27: Glossary
with a new Chapter 27: Residential Density Bonus; reassigning the Glossary to a new Chapter 28;
and updating and adding definitions to Chapter 28: Glossary; and updating and adding
definitions to the SmarfCode Section 9: Glossary, as hereinafter set forth, collectively, "the
amendments"), in order to implement State Housing Element Law; and
WHEREAS, a public notice of the October 28, 2014 public hearing before the Planning
Commission to consider the amendments was published in the Argus -Courier on October 9,
2014; and,
WHEREAS, on October 24, 2014, the Planning Commission held a duly -noticed public
hearing in accordance with the City of Petaluma Implementing Zoning Ordinance, Section
25.050; and,
WHEREAS, after the conclusion of said public hearing, the Planning Commission adopted
its Resolution No. 2014-38, unanimously recommending that the City Council adopt the
amendments; and
3
WHEREAS, on November 20, 2014, a public notice of the December 1, 2014 public
hearing before the City Council to consider the amendments was published in the Argus -
Courier; and,
WHEREAS, on December 1, 2014, the City Council approved an Initial Study and Negative
Declaration; and,
WHEREAS, on December 1, 2014, the City Council of the City of Petaluma held a duly
noticed public hearing to consider the amendments; and
WHEREAS, on December 1, 2014, in accordance with all applicable State and local laws,
the City Council adopted the Petaluma 2015-2023 Housing Element.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
FOLLOWS:
Section 1. Findings.
The City Council of the City of Petaluma hereby finds:
1. The above recitals are true and correct and are adopted as findings of the City
Council.
2. The provisions amending the IZO, Chapter 4, Section 4.030, Allowable Land Uses
and Permit Requirements; replacing the existing Chapter 27: Glossary with a new
Chapter 27: Residential Density Bonus; reassigning the Glossary to a new Chapter
28; and updating and adding definitions to Chapter 28: Glossary; and updating
and adding definitions to the SmartCode Section 9: Glossary, as hereinafter set
forth, (collectively, "the amendments"), are in general conformity with the
Petaluma General Plan 2025 because the amendments implement the goals,
policies and programs of the Housing Element for the preservation, improvement
and development of affordable housing and housing programs in the City of
Petaluma.
3. The public necessity, convenience, and general welfare clearly permit the
adoption of the proposed text amendments to the Implementing Zoning
Ordinance and SmartCode.
Section 2. The Table of Contents of the Implementing Zoning Ordinance, Ordinance
No. 2300 N.C.S., is hereby amended to add a new Chapter 27, Residential Density Bonus, and to
renumber the current Chapter 27, Glossary, as a new Chapter 28 to read as follows:
Chapter 27 Residential Density Bonus 183
27.010 - Purpose and Intent
27.020 - Definitions
27.030 - Eligibility Criteria
27.040 - Density Bonus Calculation
27.050 - Development Standards for Affordable Units
Section 3. Chapter 3, Development and Land Use Approval Requirements, Section
3.030 (A) Allowable land uses of the Implementing Zoning Ordinance, Ordinance No. 2300
N.C.S., is hereby amended to read as follows:
A. Allowable land uses. The uses of land allowed by this Zoning Ordinance in each zone are listed in tables of
allowable land uses in Chapters 4 and 6 together with the type of planning permit required for each use. Each land
use listed in the tables is defined in the Glossary.
Section 4. Chapter 3, Development and Land Use Approval Requirements, Section
3.030 (C), Use not listed, (1) of the Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. is
hereby amended to read as follows:
1. A land use that is not listed in the tables in Chapter 4 and is determined by the Director to not be included in
the Zoning Ordinance Glossary under the definition of a listed land use, is not allowed within the City, except
as otherwise provided Subsection A.3.
Section 5. Chapter 4, Zone Districts, Section 4.030, Allowable Land Uses and Permit
Requirements, Footnote 1 to Tables 4.1 to 4.5 of the Implementing Zoning Ordinance, Ordinance
No. 2300 N.C.S. is hereby amended to read as follows:
(1) See Glossary for land use definitions.
Section 6. Chapter 4, Zone Districts, Section 4.040, Site Planning and Building
Standards, Height Limit note to Tables 4.6 to 4.13 of the Implementing Zoning Ordinance,
Ordinance No. 2300 N.C.S. is hereby amended to read as follows:
44acinnu n allowable height gl'strucha•es. See Glossary for height measurentent requirements, and Chapter
l2 for height limit modifications.
Section 7. Chapter 10, Adult Oriented Business, Section 10.020 - Definitions of the
Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. is hereby amended to read as
follows:
It is the intent of Chapter 10 that those definitions and interpretations set forth in the Glossary of the Petaluma Zoning
Ordinance shall apply but only where they do not conflict with any definition or interpretation set forth in Chapter 10.
5
27.060- Density Bonus for Development of Child Care Facility
27.070 - Development Concessions and Incentives
27.080 - General Application Requirements
27.090 - Density Bonus Housing Agreement
Chapter 28
Glossary
28.010 - Purpose
28.020 - Definitions of Specialized Terms and Phrases
Section 3. Chapter 3, Development and Land Use Approval Requirements, Section
3.030 (A) Allowable land uses of the Implementing Zoning Ordinance, Ordinance No. 2300
N.C.S., is hereby amended to read as follows:
A. Allowable land uses. The uses of land allowed by this Zoning Ordinance in each zone are listed in tables of
allowable land uses in Chapters 4 and 6 together with the type of planning permit required for each use. Each land
use listed in the tables is defined in the Glossary.
Section 4. Chapter 3, Development and Land Use Approval Requirements, Section
3.030 (C), Use not listed, (1) of the Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. is
hereby amended to read as follows:
1. A land use that is not listed in the tables in Chapter 4 and is determined by the Director to not be included in
the Zoning Ordinance Glossary under the definition of a listed land use, is not allowed within the City, except
as otherwise provided Subsection A.3.
Section 5. Chapter 4, Zone Districts, Section 4.030, Allowable Land Uses and Permit
Requirements, Footnote 1 to Tables 4.1 to 4.5 of the Implementing Zoning Ordinance, Ordinance
No. 2300 N.C.S. is hereby amended to read as follows:
(1) See Glossary for land use definitions.
Section 6. Chapter 4, Zone Districts, Section 4.040, Site Planning and Building
Standards, Height Limit note to Tables 4.6 to 4.13 of the Implementing Zoning Ordinance,
Ordinance No. 2300 N.C.S. is hereby amended to read as follows:
44acinnu n allowable height gl'strucha•es. See Glossary for height measurentent requirements, and Chapter
l2 for height limit modifications.
Section 7. Chapter 10, Adult Oriented Business, Section 10.020 - Definitions of the
Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. is hereby amended to read as
follows:
It is the intent of Chapter 10 that those definitions and interpretations set forth in the Glossary of the Petaluma Zoning
Ordinance shall apply but only where they do not conflict with any definition or interpretation set forth in Chapter 10.
5
Section 8. Chapter 27 Glossary of the Implementing Zoning Ordinance, Ordinance
No. 2300 N.C.S. is hereby renumbered as a new Chapter 28 as follows:
Chapter 28 Glossary
Section 9. Chapter 27, Glossary, Section 27.010 – Purpose of the Implementing
Zoning Ordinance, Ordinance No. 2300 N.C.S. is hereby renumbered as follows:
28.010 - Purpose
Section 10. Chapter 27, Glossary, Section 27.020 – Definitions of Specialized Terms and
Phrases of the Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. is hereby
renumbered as follows:
28.020 - Definitions of Specialized Terms and Phrases
Section 11. Chapter 4, Zone Districts, Section 4.030, Allowable Land Uses and Permit
Requirements, Tables 4.4 of the Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. is
hereby amended to add Emergency Shelter as a permitted use as follows:
Commercial, Business Park, and Industrial Zones
TABLE 4.4
P06)
Permitted Use
CUP
Conditional Use Penult Required
Allowed Land Uses and Permit Requirements for Commercial,
S
Permit Requirement in Specific Use Regulations
Business Park, and Industrial Zones
A
Accessory use
—
Use Not Allowed
Permit Required by Zone
Specific Use
LANDUSE TYPE '(1)
C1
C2 I BP 'I
Regulations
RESIDENTIAL
Emergency Shelter
—
— — P
Section 12. Chapter 4, Zone Districts, Section 4.030, Allowable Land Uses and Permit
Requirements, Tables 4.5 of the Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. is
hereby amended to add Emergency Shelter as an allowed use subject to a Conditional Use
Permit as follows:
Civic Facility Zone
6
Section 13. The definition of "Child Care Center" found in Chapter 28 "Glossary,"
Section 28.020 of the Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. is hereby
amended as follows::
Child Care Center. A child day care facility (other than a family day care home) as defined in Government Code
Section 65915, subdivision (h), paragraph (4) and successor statutes including, but not limited to, infant centers,
preschools, extended day care facilities and school age child care centers that provides non-medical care and
supervision of minor children for periods of less than 24 hours and is licensed by the California State Department of
Social Services. Excludes "Child Day Care,' below.
Section 14. The definition of "Emergency Shelter" found in Chapter 28 "Glossary," Section
28.020 of the Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. is amended as follows:
Emergency Shelter. Emergency shelter means housing with minimal supportive services for homeless persons that is
limited to occupancy of six months or less by a homeless person.
Section 15. Chapter 28 "Glossary," Section 28.020 of the Implementing Zoning Ordinance,
Ordinance No. 2300 N.C.S. is amended to add the definition of "Supportive Housing" as follows:
Supportive Housing. Housing with no limit on length of stay, that is occupied by the Target Population, and that is
linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his
or her health status, and maximizing his or her ability to live and, when possible, work in the community. Supportive
housing is a residential use subject only to those restrictions that apply to other residential uses of the same type in the
same zone.
Section 16. Chapter 28 "Glossary," Section 28.020 of the Implementing Zoning Ordinance,
Ordinance No. 2300 N.C.S. is amended to add the definition of "Target Population" as follows:
Target Population. Persons with low incomes who have one or more disabilities, including mental illness. HIV or
AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the
Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and
Institutions Code) and may include, among other populations, adults, emancipated minors, families with children,
elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings,
veterans, and homeless people.
Section 17. The definition of "Transitional Housing" found in Chapter 28 "Glossary,"
Section 28.020 of the Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. is amended
as follows:
Transitional Housing. Buildings configured as rental housing developments, but operated under program
requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program
recipient at a predetermined future point in time that shall be no less than six months from the beginning of the
assistance. Transitional housing is a residential use subject to only those restrictions that apply to other residential
uses of the same type in the same zone.
Section 18. A new Chapter 27 Residential Density Bonus is added to the Implementing
Zoning Ordinance, Ordinance No. 2300 N.C.S. as follows:
Chapter 27 — Residential Density Bonus
Sections:
27.010 Purpose and Intent
27.020 Definitions
27.030 Eligibility Criteria
27.040 Density Bonus Calculation
27.050 Development Standards for Affordable Units
27.060 Density Bonus for Development of Child Care Facility
27.070 Development Concessions and Incentives
27.080 General Application Requirements
27.090 Density Bonus Housing Agreement
27.010 — Purpose and Intent
This chapter is intended to provide incentives for the production of housing for Very Low, Lower
Income, Moderate or Senior Housing in accordance with California state law.
The purpose of this chapter is to:
a) Comply with the state density bonus law in accordance with the requirements California
Government Code Section 65915 and amendments and successor statutes.
b) Establish procedures for implementing the state density bonus requirements as set forth
in California Government Code Section 65915, as amended.
c) Facilitate the development of affordable housing consistent with the goals, policies, and
programs of the City's Housing Element.
27.020 — Definitions
Whenever the following terms are used in this chapter, they shall have the meaning established
by this section:
A. Affordable Rent. Monthly housing expenses, including a reasonable allowance for
utilities, for Rental Restricted Affordable Units reserved for Very Low or Lower Income
Households, not exceeding the following calculations:
1. Very Low Income: 50 percent of the area median income for Sonoma County,
adjusted for household size, multiplied by 30 percent and divided by 12.
2. Lower Income: 60 percent of the area median income for Sonoma County,
adjusted for household size, multiplied by 30 percent and divided by 12.
B. Child Care Center. See the definition of "Child Care Center" in Glossary.
C. Concession or Incentive. Used interchangeably means such regulatory concessions as
specified in California Government Code Section 65915 subdivisions (d) and (h)
including, but not limited to, the reduction of site development standards or zoning code
requirements, direct financial assistance, approval of mixed use zoning in conjunction
with the Housing Development, or any other regulatory incentive which would result in
identifiable cost avoidance or reductions that are offered in addition to a Density Bonus.
See Section 27.070 of this chapter.
D. Density Bonus. A density increase for residential units over the otherwise allowed
residential density under the applicable zoning and land use designation on the date an
application is deemed complete.
E. Density Bonus Housing Agreement. A legally binding agreement between a developer
and the City to ensure that the requirements of this chapter are satisfied. The agreement,
among other things, shall establish: the number of Restricted Affordable Units, their size,
location, terms and conditions of affordability, and production schedule. See Section
27.070 of this Chapter.
F. Density Bonus Units. Those residential units granted pursuant to the provisions of this
chapter which exceed the otherwise Maximum Residential Density for the development
site.
G. Housing Cost. The sum of actual or projected monthly payments for all of the following
associated with for -sale Restricted Affordable 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, homeowner association fees, and
a reasonable allowance for utilities.
H. Housing Development. Construction projects consisting of five or more residential units,
including single family, multifamily, and mobilehomes for sale or rent, pursuant to this
chapter.
I. Low Income Household. Households whose income does not exceed the lower income
limits applicable to Sonoma County, as published and periodically updated by the State
Department of Housing and Community Development pursuant to Section 50079.5 of the
California Health and Safety Code.
J. Maximum Residential Density. The maximum number of residential units permitted by
the City's General Plan Land Use Element and Zoning Ordinance at the time of
application, excluding the provisions of this chapter. If the housing development is within
a planned unit development zone, the maximum residential density shall be determined
on the basis of the general plan and the maximum density of the underlying zone.
K. Moderate Income Household. A household whose gross income does not exceed 120
percent of the area median income for Sonoma County as published and periodically
updated by the State Department of Housing and Community Development pursuant to
Sections 50079.5 and 50052.5 of the California Health and Safety Code.
L. Non -Restricted Unit. All units within a Housing Development excluding the Restricted
Affordable Units.
M. Qualifying Resident. Senior citizens or other persons eligible to reside in Senior Citizen
Housing.
N. Restricted Affordable Unit. A dwelling unit within a Housing Development which will be
available for Moderate Income Households or Very Low and/or Low Income Households.
O. Senior Citizen Housing. A Housing Development consistent with the California Fair
Employment and Housing Act (Government Code Section 12900 et. seq., including
12955.9 in particular), which has been "designed to meet the physical and social needs
of senior citizens," and which otherwise qualifies as "housing for older persons" as that
phrase is used in the federal Fair Housing Amendments Act of 1988 (P.L. 100-430) and
implementing regulations (24 CFR, part 100, subpart E), and as that phrase is used in
California Civil Code Section 51.2 and 51.3.
P. Very Low Income Household. Households whose income does not exceed the very low
income limits applicable to Sonoma County, as published and periodically updated by the
State Department of Housing and Community Development pursuant to Section 50105 of
the California Health and Safety Code.
27.030 — Eligibility Criteria
A. The City shall grant either: a Density Bonus, or a Density Bonus with a Concession or
Incentive(s), as set forth in Section 27.070 of this Chapter, to an applicant or developer of
a Housing Development, who agrees to provide one of the following:
1. At least ten percent of the total units of the Housing Development as Restricted
Affordable Units affordable to Lower Income Households; or
2. At least five percent of the total units of the Housing Development as Restricted
Affordable Units affordable to Very Low Income Households; or
3. A Senior Citizen Housing Development, as defined herein; or
4. Ten percent of the total dwelling units in a common interest development as
defined in Civil Code section 4100 for persons and families of Moderate Income
Households as defined herein, provided that all units in the development are
offered to the public for purchase.
27.040 — Density Bonus and Incentive or Concession Calculation
A. The City will allow a Housing Development a Density Bonus and/or a Concessions or
Incentive if it meets all the applicable requirements of this chapter. In the event that the
minimum requirements for granting a Density Bonus or Concessions or Incentives as set
forth in California Government Code section 65915 are amended or modified after the
adoption of this chapter by the City, then the lowest applicable minimum requirements in
section 65915 or successor statutes shall apply.
B. When calculating the required number of Restricted Affordable Units, any resulting
decimal fraction shall be rounded to the next larger integer.
C. Density Bonus for Low Income Households: If a housing developer elects to construct
units for Low Income Households, the Housing Development shall be entitled to a density
bonus according to the following Density Bonus calculation:
Provision of Low Income Units
10
Percentage
Low Income
Units
Percentage
Density Bonus
Number of
Incentives or
Concessions
10%
20%
1
11%
21.5%
1
12%
23%
1
13%
24.5%
1
14%
26%
1
15%
27.5%
1
16%
29%
1
17%
30.5%
1
18%
32%
1
19%
33.5%
1
20%
35%
2
30%
35%
3
D. Density Bonus for Very Low Income Households: If a housing developer elects to
construct units for Very Low Income Households, the Housing Development shall be
entitled to a density bonus according to the following Density Bonus calculation:
Provision of Very Low Income Units
Percentage
Very Low
Income Units
Percentage
Density Bonus
Number of
Incentives or
Concessions
5%
20%
1
6%
22.5%
1
7%
25%
1
8%
27.5%
1
9%
30%
1
10%
32.5%
2
11%
35%
2
15%
35%
3
E. Density Bonus for Moderate Income Households: If a housing developer elects to
construct units for Moderate Income Households, the Housing Development shall be
entitled to a density bonus based on the following Density Bonus calculation:
Provision of Moderate Income Units
Percentage
Moderate-
Income Units
Percentage
Density Bonus
Number of
Incentives or
Concessions
10%
5%
1
11%
6%
1
12%
7%
1
13%
8%
1
14%
9%
1
11
15%
10%
1
16%
11%
1
17%
12%
1
18%
13%
1
19%
14%
1
20%
15%
2
21%
16%
2
22%
17%
2
23%
18%
2
24%
19%
2
25%
20%
2
26%
21%
2
27%
22%
2
28%
23%
2
29%
24%
2
30%
25%
3
31%
26%
3
32%
27%
3
33%
28%
3
34%
29%
3
35%
30%
3
36%
31%
3
37%
32%
3
38%
33%
3
39%
34%
3
40%
35%
3
F. Density Bonus for Land Donation: When an applicant for a tentative subdivision map,
parcel map, or other residential development approval donates land that satisfies the
requirements as set forth in subsection 3 of this section, the applicant shall be entitled to
a fifteen percent density increase above the otherwise maximum allowable residential
density for the entire development calculated as follows:
Land Donation
Percentage
Very Low-
Income Units
Percentage
Density Bonus
10%
15%
11%
16%
12%
17%
13%
18%
14%
19%
15%
20%
16%
21%
17%
22%
18%
23%
Percentage
Very Low-
Percentage
Density Bonus
12
Income Units
19%
24%
20%
25%
21%
26%
22%
27%
23%
28%
24%
29%
25%
30%
26%
31%
27%
32%
28%
33%
29%
34%
30%
35%
1. Nothing in this chapter shall be construed to enlarge or diminish the authority of
the City to require a developer to donate land as a condition of development.
2. The Density Bonus for land dedication shall be in addition to any other Density
Bonus earned pursuant to this section, up to a maximum combined increased
density of thirty-five percent above the otherwise maximum allowable residential
density for the entire development.
3. An applicant donating land shall be eligible for the increased Density Bonus
described in this Section if all the following conditions are met:
a. The applicant donates and transfers the land to the City, or to a
housing developer approved by the City, no later than the date of
approval of the City of the final subdivision map, parcel map, or
Housing Development Application for the proposed Housing
Development seeking the Density Bonus.
b. The developable acreage and zoning classification of the land being
transferred are sufficient to permit construction of units affordable to
Very Low Income Households in an amount not less than ten percent
of the number of residential units of the proposed Housing
Development seeking the Density Bonus.
c. The land proposed to be donated to the City:
i. is at least one acre in size or sufficient size to permit
development of at least 40 residential units; and
ii. has the appropriate General Plan designation and is
appropriately zoned for development at the density described in
paragraph (3) of subsection (c) of Government Code section
65583.2 and successor statutes; and
iii. is or will be served by adequate public facilities and
infrastructure; and
iv. is donated no later than the date of approval of the final
subdivision map, parcel map or Housing Development
application seeking a Density Bonus and has all of the permits
13
and approvals, other than building permits, necessary for the
development of the Very Low Income housing units on the
transferred land; and
is within the boundary of the proposed development or within
one-quarter mile of the boundary of the proposed development;
and
vi. has a proposed source of funding for the very low income units
prior to the approval of the final subdivision map, parcel map, or
Housing Development application seeking the Density Bonus.
27.050 — Development Standards for Affordable Units
A. Restricted Affordable Units shall be constructed concurrently with Non -Restricted Units
unless both the City and the applicant agree within the Density Bonus Housing
Agreement to an alternative schedule for development.
B. Restricted Affordable Units shall remain restricted and affordable for a period of 30 years.
The City may require a longer period of time if required by the construction or mortgage
financing assistance program, mortgage insurance program, or rental subsidy program.
C. In determining the maximum Affordable Rent or Affordable Sales Price of Restricted
Affordable Units, the presumed household size as set forth in the City's Housing Program
shall be used, unless the Housing Development is subject to different assumptions
imposed by other federal or state regulations.
D. Restricted Affordable Units shall be built on-site and be dispersed within the Housing
Development, except as permitted in subsection E of this Section. The number of
bedrooms of the Restricted Affordable Units shall be equivalent to the bedroom mix of the
Non -Restricted Units in the Housing Development; except that the applicant may include
a higher proportion of Restricted Affordable Units with more bedrooms. The design,
appearance and general quality of the Restricted Affordable Units shall be comparable
and compatible with the design of the Non -Restricted Units in the Development. The
Development shall comply with all applicable Development Standards, except those
which may be modified as provided by this chapter.
E. Circumstances may arise in which the public interest would be served by allowing some
or all of the Restricted Affordable Units associated with one Housing Development to be
produced and operated at an alternative development site. Where the applicant and the
City so agree, the resulting linked developments shall be considered a single
development for purposes of this chapter. Under these circumstances, the applicant shall
be subject to the same requirements of this chapter for the Restricted Affordable Units to
be provided on the alternative site.
F. A Density Bonus Housing Agreement, as described in Section 27.090, shall be made a
condition of the discretionary permits for all Developments subject to this chapter. The
Density Bonus Housing Agreement shall be recorded as a deed restriction on the parcel
or parcels on which the Restricted Affordable Units will be constructed.
27.060 — Density Bonus for Development of Child Care Center
A. A Housing Development meeting the requirements of Sections 27.030, 27.040, and
27.050 above and including a Child Care Center that will be located on the premises of,
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as part of, or adjacent to, such a Housing Development shall receive either of the
following:
1. An additional Density Bonus in an amount of square feet of residential space that
is equal to or greater than the amount of square feet in the Child Care Center; or
2. An additional Incentive or Concession pursuant to Section 27.070 which results
in an identifiable cost reduction or avoidance.
B. When a Housing Development is providing a Child Care Center in accordance with this
chapter, then the project conditions of approval shall require that:
1. The Child Care Center care shall remain in operation for a period of time that is
as long as or longer than the period of time during which the affordable units are
required to remain affordable; and
2. Of the children who attend the Child Care Center, the children of Very Low
Income Households, Lower Income Households, or persons or families of
Moderate Income shall equal a percentage that is equal to or greater than the
percentage of affordable units that are required pursuant to Section 27.040.
C. The City shall not be required to provide a Density Bonus or Incentive or Concession for
a Child Care Center if it makes a written finding, based upon substantial evidence, that
the City has adequate Child Care Centers.
27.070 — Development Concessions and Incentives
A. Subject to subsection B of this Section, the City shall provide a Concession or Incentive,
for qualified Housing Developments, upon the written request of an applicant. The
number of Concessions or Incentives provided shall be as follows:
For a Housing Development that provides either 5% of the units affordable to
Very Low income households, or 10% of the units affordable to Lower income
households, the developer is entitled to one Concession or Incentive.
2. When the number of affordable units is increased to 10% Very Low income units,
or 20% Lower income units, the developer is entitled to two Concessions or
Incentives.
3. When the number of affordable units is increased to 15% Very Low income, or
30% Lower income, the number of Concessions or Incentives is increased to
three.
B. The City may grant any one of the following as a Concession or Incentive:
A waiver or modification of site development standards or a modification of
zoning code or architectural design requirements. These include one or more of
the following (each item below is considered a Concession or Incentive):
a. Reduced minimum lot sizes and/or dimensions.
b. Reduced minimum lot setbacks
c. Reduced minimum outdoor and/or private outdoor living area.
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d. Increased maximum lot coverage
e. Increased maximum building height and/or stories.
f. Reduced on-site parking standards, including the number or size of
spaces and garage requirements.
g. Reduced minimum building separation requirements.
h. Reduced street standards, e.g., reduced minimum street widths.
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 Incentives or Concessions proposed by the developer or the City which
result in identifiable cost reductions or avoidance.
C. Upon request by the applicant, the City shall not require a vehicular parking ratio,
inclusive of handicapped and guest parking, that exceeds the following:
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 parking spaces.
If the total number of parking spaces required for a Housing Development is other
than a whole number, the number shall be rounded up to the next whole number.
For purposes of this subsection, a Housing Development may provide onsite parking
through tandem parking or uncovered parking, but not through on -street parking.
D. The City shall grant Incentive(s) or Concession(s) requested by the applicant unless the
City can make a written finding, based upon substantial evidence, of any of the following:
1. The Incentive or Concession is not required in order to provide for affordable
housing to Very Low, Low, or Moderate Income Households.
2. The Incentive or Concession would have a specific adverse impact, as defined in
paragraph (2) of subdivision (d) of Section 65589.5 of the California Government
Code, upon public health and safety or physical environment or any real property
that is listed on the California Register of Historical Resources and for which the
City determines there is no feasible method to satisfactorily mitigate or avoid the
specific adverse impact without rendering the Housing Development unaffordable
to Very Low, Low, and/or Moderate Income Households.
3. The Incentive or Concession would be contrary to state or federal law.
27.080 — General Application Requirements
�+j
A. An application for a Density Bonus, Incentive or Concession shall be made as follows:
1. An application for a density bonus, incentive, concession, waiver, modification or
revised standard shall be submitted with the first application for a permit for a
Housing Development and shall be processed concurrently with those permits.
The application shall be on a form prescribed by the Community Development
Director and shall include the following information:
a. A brief description of the proposed Housing Development, including the
total number of dwelling units, Restricted Affordable Units, and Density
Bonus Units proposed.
b. The zoning and general plan designations and assessor's parcel
number(s) of the project site, and a description of any Density Bonus,
Incentive, or Concession, requested.
c. A vicinity map and preliminary site plan, drawn to scale, including
building footprints, driveway and parking layout.
d. If a Concession or Incentive is requested, the application shall provide
evidence as to why the Concession or Incentive is necessary to provide
the Restricted Affordable Units in accordance with Section 27.070 of this
Chapter. Such evidence shall include, but is not limited to an explanation
as to the actual cost reduction achieved through the concession or
incentive and how the cost reduction allows the applicant to provide the
Restricted Affordable Units, and any supporting documentation.
e. Level of affordability of the Restricted Affordable Units and proposed
method to ensure affordability_
f. If a Density Bonus or Concession or Incentive is requested for a land
donation, the application shall show the location of the land to be
dedicated, provide proof of site control, and provide evidence that all of
the requirements and each of the findings included in Government Code
Section 65915(g) and Section 27.040 (F) can be made.
2. In accordance with State law, neither the granting of a Concession or Incentive,
nor the granting of a Density Bonus, shall be interpreted, in and of itself, to
require a general plan amendment, zoning change, variance, or other
discretionary approval.
3. This Chapter implements State Density Bonus Law. Any Density Bonus,
Incentive or Concession sought by an Applicant shall be made pursuant to this
chapter and may not be combined with similar requests under State Density
Bonus law.
27.090 — Density Bonus Housing Agreement
A. Applicants for a Density Bonus, Incentive or Concession shall enter into a Density Bonus
Housing Agreement (Agreement) with the City, approved by the City Council.
B. Following execution of the Agreement by all parties, the completed Agreement shall be
recorded and the conditions fled and recorded on the parcel to be developed and/or an
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alternative site for the proposed Housing Development, if the Housing Development is
off-site.
C. The approval of the Agreement shall take place prior to tentative map approval, and
recordation shall take place prior to final map approval, or, where a map is not being
processed, prior to Site Plan and Architectural Review.
D. The Agreement shall run with land to be developed and/or the alternative site for the
proposed Housing Development and be binding on all future owners and successors in
interest and shall include at a minimum, the following:
1. The total number of units approved for the Development, including the number of
Restricted Affordable Units.
2. A description of the household income group to be accommodated by the
Restricted Affordable Units, and the standards for determining the corresponding
Affordable Rent or Affordable Sales Price.
3. The proposed location, dwelling unit sizes (square feet), and number of
bedrooms of the Restricted Affordable Units.
4. Term of use restrictions for Restricted Affordable Units of at least 30 years for
Low and Very Low units.
5. A schedule for completion and occupancy of Restricted Affordable Units.
6. A description of any Concession or Incentive, if any, being provided by the City.
7. A description for remedies of breach of the agreement by either party (the City
may identify tenants or qualified purchasers as third party beneficiaries under the
Agreement).
8. Other provisions to ensure implementation and compliance with this chapter.
E. In the case of for -sale Housing Developments, the Density Bonus Housing Agreement
shall provide for the following conditions governing the initial sale and use of Restricted
Affordable Units during the applicable use restriction period:
1. Restricted Affordable Units shall, upon initial sale, be sold to eligible Moderate
Income Households at an Affordable Sales Price and Housing Cost, or to
Qualified Residents (i.e., maintained as Senior citizen housing) as defined by this
chapter.
2. Restricted Affordable Unit shall be initially owner -occupied by eligible Moderate
Income Households or by Qualified Residents in the case of Senior citizen
housing.
3. The initial purchaser of each Restricted Affordable Unit shall execute an
instrument or agreement approved by the City restricting the sale of the
Restricted Affordable Unit in accordance with this chapter during the applicable
use restriction period. Such instrument or agreement shall be recorded against
the parcel containing the Restricted Affordable Unit and shall contain such
provisions as the City may require ensuring continued compliance with this
chapter and the state Density Bonus Law.
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F. In the case of rental Housing Developments, the Density Bonus Housing Agreement shall
provide for the following conditions governing the use of Restricted Affordable Units
during the use restriction period:
1. The rules and procedures for qualifying tenants, establish Affordable Rent, filling
vacancies, and maintaining Restricted Affordable Units for qualified tenants;
2. Provisions requiring owners to 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 Restricted
Affordable Units, and which identifies the bedroom size and monthly rent or cost
of each Restricted Affordable Unit.
Section 19. Except as amended herein, the City of Petaluma Implementing Zoning
Ordinance, Ordinance No. 2300 N.C.S. remains unchanged and in full force and effect.
Section 20. The definition of "Emergency Shelter" found in Section 9.10.020 -
Definitions of Specialized Terms and Phrases of the SmartCode, Ordinance No. 2470 N.C.S. is
amended as follows:
Emergency Shelter. Emergency shelter means housing with minimal supportive services for homeless persons that is
limited to occupancy of six months or less by a homeless person.
Section 21. Section 9.10.020 - Definitions of Specialized Terms and Phrases of the
SmartCode, Ordinance No. 2470 N.C.S. is amended to add the definition of "Supportive
Housing" as follows:
Supportive Housing. Housing with no limit on length of stay, that is occupied by the Target Population, and that is
linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his
or her health status, and maximizing his or her ability to live and, when possible, work in the community. Supportive
housing is a residential use subject only to those restrictions that apply to other residential uses of the same type in the
same zone.
Section 22. Section 9.10.020 - Definitions of Specialized Terms and Phrases of the
SmartCode, Ordinance No. 2470 N.C.S. is amended to add the definition of "Target Population"
as follows:
Target Population. Persons with low incomes who have one or more disabilities, including mental illness, HIV or
AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the
Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and
Institutions Code) and may include, among other populations, adults, emancipated minors, families with children,
elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings,
veterans, and homeless people.
Section 23. Section 9.10.020 - Definitions of Specialized Terms and Phrases of the
SmartCode, Ordinance No. 2470 N.C.S. is amended to add the definition of "Transitional
Housing" as follows:
Transitional Housing. Buildings configured as rental housing developments, but operated under program
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requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program
recipient at a predetermined future point in time that shall be no less than six months from the beginning of the
assistance. Transitional housing is a residential use subject to only those restrictions that apply to other residential
uses of the same type in the same zone.
Section 24. Except as amended herein, the City of Petaluma SmartCode, Ordinance
No. 2470 N.C.S., remains unchanged and in full force and effect.
Section 25. Severability. If any section, subsection, sentence, clause, phrase or word
of this ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a
court of competent jurisdiction or preempted by state legislation, such decision or legislation
shall not affect the validity of the remaining portions of this ordinance. The City Council of the
City of Petaluma hereby declares that it would have passed and adopted this ordinance and
each and all provisions thereof irrespective of the fact that any one or more of said provisions be
declared unconstitutional, unlawful or otherwise invalid.
Section 26. Effective Date. This ordinance shall become effective thirty (30) days after
the date of its adoption by the Petaluma City Council.
Section 27. Posting/Publishing of Notice. The City Clerk is hereby directed to publish or
post this ordinance or a synopsis for the period and in the manner provided by the City Charter
and other applicable law.
INTRODUCED and ordered posted this Is' day of December, 2014.
ADOPTED this _ day of 2014 by the following vote:
Ayes:
Noes:
Abstain:
Absent:
ATTEST:
Claire Cooper, CMC, City Clerk
David Glass, Mayor
APPROVED AS TO FORM:
Eric W. Donly, City Attorney
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