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HomeMy WebLinkAboutOrdinance 2696 N.C.S. 11/18/20191 2 3 4 5 EFFECTIVE DATE OF ORDINANCE 12/18/2019 Introduced by Gabe Kearney ORDINANCE NO. 2696 N.C.S. Seconded by Kevin McDonnell ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING THE TEXT OF THE IMPLEMENTING ZONING ORDINANCE, ORDINANCE 2300 N.C.S., SECTION 27.090 (DENSITY BONUS HOUSING AGREEMENT) WHEREAS, City of Petaluma Implementing Zoning Ordinance (IZO) §25.010 provides in pertinent part that no amendment that regulates matters listed in Government Code § 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, recently adopted citywide goals include efforts to create diverse housing opportunities for all Petalumans; and WHEREAS, at their Housing Workshop on July 29, 2019, the City Council provided feedback to consider zoning changes to remove barriers from housing production; and WHEREAS, the proposed zoning text amendment provides greater flexibility in processing and approvals and reduces time for entitlements associated with Density Bonus projects; and WHEREAS, pursuant to IZO §25.050, the Planning Commission held a duly noticed public hearing to consider the zoning text amendment on September 24, 2019, at which time all interested parties had the opportunity to be heard; and WHEREAS, the Planning Commission considered the staff report dated September 24, 2019, including the California Environmental Quality Act (CEQA) determination included therein; and WHEREAS, IZO §25.010 provides for Zoning Text Amendments which in this case has been initiated by the Community Development Director; and WHEREAS, after said public hearing, the Planning Commission adopted its Resolution No. 2019- 14, recommending that the City Council adopt the zoning text amendments; and WHEREAS, on October 10, 2019, a public notice of the October 21, 2019 public hearing before the City Council to consider the amendments was published as an eighth page ad in the Argus - Courier; and, WHEREAS, on October 21, 2019, the City Council of the City of Petaluma held a duly noticed public hearing to consider the amendments; and Ordinance No. 2696 N.C.S. Page 1 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 proposed amendments to the Implementing Zoning Ordinance Section 27.090 are in general conformity with the Petaluma General Plan 2025 in that the amendments implement the policies of the Petaluma General Plan, as described in the September 24, 2019 Planning Commission staff report. 2. The proposed amendments are consistent with the public necessity, convenience and welfare in that they update and clarify existing regulations, provide greater flexibility to facilitate the production of essential housing for Petaluma residents, while implementing the policies of the General Plan. 3. The proposed zoning text amendments are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b) (3), which states that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The proposed amendments only modify review procedures for approval of Density Bonus Housing Agreements. Therefore, it can be seen with certainty the proposed amendment would not cause a direct or indirect significant effect on the environment. Section 2: Section 27.090 (Density Bonus Housing Agreement) of the City of Petaluma Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. is hereby amended to read as follows: 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 Agreement shall be processed concurrently with the associated entitlements, but approval of those entitlements may be approved prior to and conditioned upon City Council approval of the Agreement and subsequent recordation. 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). Ordinance No. 2696 N.C.S. Page 2 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. 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 5: 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 6: 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 7: Effective Date. This ordinance shall become effective thirty (30) days after the date of its adoption by the Petaluma City Council. Section 8: 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 49 INTRODUCED, and ordered wed/posted this 21 st day of October 2019. 50 51 ADOPTED this 18th day of November 2019, by the following vote: 52 Ordinance No. 2696 N.C.S. Page 3 Ayes: Fischer, Healy, Kearney, King, Vice Mayor McDonnell, Miller Noes: None Abstain: None Absent: Mayor Barrett evin McDonnell, Vice Mayor ATTEST: APPROVED AS TO FORM: 13� Samantha Pascoe, Deputy City Clerk Eric W. Danly, City Attorney Ordinance No. 2696 N.C.S. Page 4