HomeMy WebLinkAboutPlanning Commission Resolution 2014-38 10/28/2014RESOLUTION NO. 2014-38
CITY OF PETALUMA PLANNING COMMISSION
RESOLUTION OF THE CITY OF PETALUMA PLANNING COMMISSION
RECOMMENDING THE CITY COUNCIL AMEND THE TEXT OF THE IMPLEMENTING ZONING
ORDINANCE AND SMARTCODE TO IMPLEMENT STATE HOUSING ELEMENT LAW, INCLUDING
UPDATES TO IZO CHAPTER 4: ZONE DISTRICTS, CREATING A NEW CHAPTER 27: RESIDENTIAL
DENSITY BONUS ORDINANCE AND RENUMBERING THE EXISTING GLOSSARY TO CHAPTER
28 AND UPDATES TO THE SMARTCODE SECTION 9: GLOSSARY
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 or SmartCode unless the Planning Commission and City
Council find the amendment to be in conformity with the General Plan; and
WHEREAS, 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; and
WHEREAS, staff has proposed a series of text amendments to the City's Implementing
Zoning Ordinance, including: Chapter 4: Zone Districts; a new Chapter 27: Residential Density
Bonus; a reassigned Chapter 28: Glossary; and amendments to the SmartCode Section 9:
Glossary in order to address State Housing Element Law; and,
WHEREAS, on October 9, 2014, public notice of the October 28, 2014 Planning
Commission meeting to consider the amendments was published in the Argus -Courier and sent
to all members of the public on the interested parties list for this item; and
WHEREAS, on October 28, 2014, the Planning Commission held a duly noticed public
hearing in accordance with Chapter 25 of the Implementing Zoning Ordinance to consider the
amendments.
NOW, THEREFORE BE IT RESOLVED that the Planning Commission hereby finds that:
The proposed amendments to the City's Implementing Zoning Ordinance Chapter 4:
Zone Districts, new Chapter 27: Residential Density Bonus Ordinance, to a reassigned
Chapter 28: Glossary and amendments to the SmartCode Section 9: Glossary
contained in Exhibit A are in general conformity with the Petaluma General Plan 2025
in that these changes may 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.
2. The proposed amendments are hereby referred to the Petaluma City Council for
consideration and findings in accordance with Section 25.010 of the Implementing
Zoning Ordinance
Planning Commission Resolution No. 201438 Page I
ADOPTED this 28th day of October, 2014, by the following vote:
Commission Member Aye No
Benedetti-Petnic X
Lin X
Gomez X
Marzo X
Councilmember Miller
Vice Chair Pierre
Chair Wolpert X
ATTEST:
H�ather Hines, Commission Secretary
Absent I Abstain
X
X
Bili"Wolpert, }iair
FAMET039WITAMTOWNTI mil
Andrea Visveshwara, Assistant City Attorney
Planning Commission Resolution No, 2014-38 Page 2
Exhibit A
DRAFT
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 SmartCode 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 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 28, 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 -XX, recommending that the City Council adopt the amendments; and
WHEREAS, on XXXX XX, XXXX, the City Council approved an Initial Study and Negative
Declaration; and,
WHEREAS, on XXXX XX, XXXX, a public notice of the XXXX XX, XXXX public hearing before
the City Council to consider the amendments was published in the Argus -Courier; and,
WHEREAS, on XXXX XX, XXXX, the City Council of the City of Petaluma held a duly noticed
public hearing to consider the amendments; and
WHEREAS,
FINDINGS
The City Council of the City of Petaluma hereby finds:
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
Planning Commission Resolution No. 2014-38 Page 3
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.
2. The public necessity, convenience, and general welfare clearly permit the
adoption of the proposed text amendments to the Implementing Zoning
Ordinance and SmartCade.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETAULMA THAT THE
CITY OF PETALUMA IMPLEMENTING ZONING ORDINANCE, ORDINANCE NO. 2300-N.C.S., IS
AMENDED AS FOLLOWS:
Section 1. The Table of Contents 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:
Glessary 183
Chapter 27 29.4^--lQ-urpese
nzo�^c�-13ef F t enSef �r�eelGl aeEl bermand Phrases
Residential Densitv Bonus
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 Housinq Aqreement
Chapter 28 Glossary
28.010 - Purpose
28.020 - Definitions of Specialized Terms and Phrases
Section 2. Chapter 3, Development and Land Use Approval Requirements, Section
3.030 (A) Allowable land uses, 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
Glossa y Chapter 27 (Glessaq}
Section 3. Chapter 3, Development and Land Use Approval Requirements, Section
3.030 (C), Use not listed, (1) is hereby amended to read as follows:
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 (Chepter-27} under
the definition of a listed land use, is not allowed within the City, except as
otherwise provided Subsection A.3.
Section 4. Chapter 4, Zone Districts, Section 4.030, Allowable Land Uses and Permit
Requirements, Footnote 1 to Tables 4.1 to 4.5 is hereby amended to read as follows:
Planning Commission Resolution No. 201438 Page 4
(1) See Glossary GheipteF-2-7 -94Gssar�4 for land use definitions.
Section 5. Chapter 4, Zone Districts, Section 4.040, Site Planning and Building
Standards, Height Limit note to Tables 4.6 to 4.13 is hereby amended to read as follows:
Maximum allowable height of structures. See Glossary (Chapter 27)[ for height
measurement requirements, and Chapter 12 for height limit modifications.
Section 6. Chapter 10, Adult Oriented Business, Section 10.020 - Definitions is hereby
amended to read as follows:
It is the intent of Chapter 10 that those definitions and interpretations set forth in the
Glossa y P4 of the Petaluma Zoning Ordinance shall apply but only
where they do not conflict with any definition or interpretation set forth in Chapter 10.
Section 7. Chapter 27 Glossary is hereby renumbered as a new Chapter 28 and
sections 27.010 and 27.020 renumbered as follows:
Chapter 27 28 Glossary
97 0-10 28.010 - Purpose
The chapter establishes the definitions of terms and phrases that are technical or
specialized or that may not reflect common usage. If a word is not defined in this
chapter, or in another chapter of this Ordinance, the Director shall determine the correct
definition.
2-7029 28.020 - Definitions of Specialized Terms and Phrases
As used in this Ordinance, the following terms shall have the meaning ascribed to them in
this Section, unless the context in which they are used clearly requires otherwise.
Section 8. Chapter 4, Zone Districts, Section 4.030, Allowable Land Uses and Permit
Requirements, Tables 4.4 is hereby amended to add Emergency Shelter as a permitted use as
follows:
Commercial, Business Park, and Industrial Zones
TABLE 4.4
Allowed Land Uses and Permit Requirements for
Commercial, Business Park, and Industrial Zones
LAND USE TYPE (1 )
RESIDENTIAL
Emergency Shelter
P(16) Permitted Use
CUP Conditional Use Permit
Required
S Permit Requirement in
Specific Use Regulations
A Accessory Use
— Use Not Allowed
Permit Required by
Zone Specific Use
Cl C2 ( BPI I Regulations
1 1= I- 1P
Section 9. Chapter 4, Zone Districts, Section 4.030, Allowable Land Uses and Permit
Requirements, Tables 4.5 is hereby amended to add Emergency Shelter as an allowed use
subject to a Conditional Use Permit as follows:
Planning Commission Resolution No. 2014-38 Page 5
Civic Facility Zone
TABLE 4.5
Allowed Land Uses and Permit Requirements for
Civic Facility Zone
LAND USE TYPE (1)
RESIDENTIAL
Emeraencv Shelter
P(16) Permitted Use
CUP Conditional Use Permit
Required
S Permit Requirement in
Specific Use Regulations
A Accessory Use
— Use Not Allowed
Permit Required by
Zone Specific Use
CF Regulations
CUP
Section 10. Chapter 28 "Glossary," Section 28.020 is amended to replace the
definitions of "Child Care Center," "Emergency Shelter" and "Transitional Housing" and to add
definitions for "Supportive Housing and Target Population" as follows:
- -MINE, M
ee _ea ee e e -
e
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.
r _ _ er_�srr�r_r_r . _rr_ngnr�nrrs _
iiiiiike
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.
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 some zone.
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.
Planning Commission Resolution No. 2014-38 Page 6
Transitional-Housing�e#er-previded for +tip. hnmg o« for ^ oma+ T,ded perod o##en as
'c^g-cs@ ma^^+ham, ^^d general4 n#egFed e##er�ecal so,,, os =sl g
pregrGn tG-essis! it the trans:tiar, ta--salf sufficierey thrat
ir�er+�e-e+�d-per�+enen#-hef�sing,
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 11. A new Chapter 27 Residential Density Bonus is added 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:
Planning Commission Resolution No. 2014-38 Page 7
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.
Planning Commission Resolution No. 2014-38 Page 8
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
Planning Commission Resolution No. 2014-38 Page 9
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. Densitv 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
Percentage
Number of
Percentage
Low Income
Incentives or
Density Bonus
Units
Concessions
100
200
1
1 1 %
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. Densitv 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
Number of
Percentage
Very Low
Incentives or
Density Bonus
Income Units
Concessions
5%
20/0
1
6%
22.5%
1
7/o
25/0
1
8%
27.5%
1
9%
30%
1
10%
32.5%
2
11%
35%
2
15%
35%
3
E. Densitv 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:
Planning Commission Resolution No. 2014-38 Page 10
Provision of Moderate Income Units
Percentage
Number of
Moderate-
Percentage
Incentives or
Income Units
Density Bonus
Concessions
100
50
1
11 %
6%
1
12%
7%
1
13 %
8%
1
14%
9%
1
15 0
10%
1
16%
11%
1
17/0
12/0
1
18/0
13/0
1
190
14%
1
20%
15/0
2
21%
16%
2
22%
17 0
2
23%
18 %
2
24 0
19%
2
25%
20%
2
26%
21%
2
27%
22%
2
28%
23%
2
29 0
24%
2
30%
25%
3
31%
26%
3
32%
27%
3
33%
28%
3
34 0
29%
3
35 0
30%
3
36/0
31%
3
37%
32%
3
38%
33%
3
39%
34 o
3
400
35a
3
F. Densitv 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
I00
11 0
120
m
/o
140
150
Percentage
Density Bonus
150
160
17/
180
19 ,a
20m/a
Planning Commission Resolution No. 2014-38 Page I I
Percentage
Percentage
Very Low-
Density Bonus
Income Units
16%
21%
17%
22%
18%
23%
19%
24%
20%
25%
21%
26%
22,%
27,0
23%
28%
24%
29%
25,0
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:
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
Planning Commission Resolulion No, 2014-38 Page 12
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 and approvals, other than building permits,
necessary for the development of the Very Low Income
housing units on the transferred land; and
V, 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.
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 some requirements of
this chapter for the Restricted Affordable Units to be provided on the alternative
site.
Planning Commission Resolution No. 201438 Page 13
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, 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:
1. For a Housing Development that provides either 50 of the units affordable
to Very Low income households, or 10/10 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 100 Very Low income
units, or 200 Lower income units, the developer is entitled to two
Concessions or Incentives.
3. When the number of affordable units is increased to 150 Very Low
income, or 300 Lower income, the number of Concessions or Incentives is
increased to three.
Planning Commission Resolution No. 2014-38 Page 14
B. The City may grant any one of the following as a Concession or Incentive:
1. 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.
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:
Planning Commission Resolution No. 2014-38 Page 15
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
A. An application for a Density Bonus, Incentive or Concession shall be made as
follows:
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.
Planning Commission Resolution No. 2014-38 Page 16
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 filed and recorded on the parcel to be
developed and/or an 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.
Planning Commission Resolution No. 2014-38 Page 17
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 on 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.
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 11, 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.
NOW, THEREFORE, BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF PETAULMA
THAT THE PETALUMA SMARTCODE, ORDINANCE NO. 2470 N.C.S. IS HEREBY AMENDED AS FOLLOWS:
Section 12. Section 9.10.020 of the SmartCode is amended to replace the definition of
"Emergency Shelter" and to add definitions for "Supportive Housing," "Transitional Housing," and
"Target Population" as follows:
- - --� - e
- e -
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.
Planning Commission Resolulion No, 2014-38 Page 18
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 some type in the same zone.
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.
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 some zone.
Section 13. Except as amended herein, the City of Petaluma SmartCode, Ordinance
No. 2470 N.C.S., remains unchanged and in full force and effect.
Section 14. Severabilitv. 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 15. Effective Date. This ordinance shall become effective thirty (30) days after
the date of its adoption by the Petaluma City Council.
Section 16. Postina/Publishina 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.
Planning Commission Resolulion No. 201438 Page 19