HomeMy WebLinkAboutOrd 17142
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ORDINANCE No. 1714
ORDINANCE OF THE C1TY OF BURLINGAME
ESTABLISHING INCLUSIONARY ZONING TO PROVIDE
AFFORDABLE HOUSING IN ALL RESIDENTIAL PROJECTS OF FOUR OR MORE
DWELLING UNITS
The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows:
Section 1. This ordinance is adopted in advancement of the Burlingame General Plan,
specifically the Plan's Housing Element, to advance the City's goals of providing a variety of
housing opportunities in the community. This ordinance is a first step in an evolving program to
encourage the construction and sustainability of that variety of housing choices.
Section 2. Anew Chapter 25.63 is added to the Municipal Code to read as follows:
25.63 INCLUSIONARY HOUSING
25.63.010
Purpose
25.63.015
Definitions
25.63.020
Residential development projects.
25.63.030
Incentives for development of affordable dwelling units.
25.63.040
Affordable housing development standards
25.63.045
Maintenance of affordability.
25.63.050
Length of affordability
25.63.060
Agreement required.
25.63.010 Purpose.
(a) The purpose of the inclusionary housing requirements is to increase the housing supply
for households that have
very low, lower and moderate incomes compared to the median household
income for San Mateo County. The primary objective is to create actual housing units, either rental
or "for purchase" units, rather than equivalent fees or cash. The affordability requirements
ssociated with residential development projects area form of "inclusionary zoning." Thischapter
establishes the inclusionary housing program. The program is also implemented through guidelines
as adopted and amended from time to time by the city council.
(b) The city does not have density limits within the R-3 and R-4 districts in this title.
Instead, property owners are free to build dwelling units, so long as they conform to the other
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development standards of the title. Therefore, the city is not able to provide a density incentive,
but must instead provide incentives with regard to height, open space, and parking requirements.
I 20.63.015 Definitions.
Whenever the following terms are used in this chapter, they shall have the meaning
established by this section:
(a) "Affordable dwelling unit" means a dwelling unit for which either the rent or lease
amount to be charged or the sale price is at or below the amounts specified for affordability for
persons and families of moderate income, as defined in sections 50052.5 and 50053 of the
California Health &Safety Code.
(b) "Residential development" means any new residential construction ofrental orfor-sale
units; or development revisions, including those with and without a master plan or specific plan,
planned unit developments, site development plans, mobilehome developments, and conversions
of apartments to condominiums, as well as dwelling units for which the cost of shelter is included
in a recurring payment for expenses, whether or not an initial lump sum fee is also required.
25.63.020 Residential development projects.
(a) Applicability. This chapter shall apply to conditional use permits, conditional
development permits, planned development permits, subdivision approvals, architectural control
approvals, variance approvals, and construction permits for any residential development project
of four (4) or more units on a single parcel. If the city determines that a person has subdivided
property to avoid the applicability of this chapter, the developer shall be subject to the chapter.
This chapter also applies to condominium conversions.
(b) Requirements. Any developer of
than the following:
Number of Dwelling Units in Project
lto3
4 to 12
project subject to this chapter shall provide not less
Number of Affordable Dwelling Units Required
1]
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Over 12 One Unit for every 10 dwelling units (fraction will
be rounded up)
(c) Review Process. As part of an application for a residential development project subject
to this chapter, the developer shall submit a below market rate housing program plan. The plan
shall describe in detail the developer's proposal for meeting the requirements ofthis chapter.
(d) Permits. No construction or building permit or other land use authorization may be
issued or approved fox aresidential development unless the requirements of this chapter have been
met.
25.63.030 Incentives for development of affordable dwelling units.
(a) Generally. The provisions ofthis section shall apply to residential developments that
provide one (1) or more affordable dwelling units in accordance with the provisions ofthis chapter.
(b) Incentives. To meet the requirements ofthis chapter, a developer may use two (2) of
the following incentives or their equivalents as determined by the planning commission:
(1) A height for structures of forty-six (46) feet in height or less without a
conditional use permit pursuant to section 25.32.030 or as applied to chapter 25.34; or
(2) Reduction of common open space in the rear yard of a residential development
by up to fifty percent (50%) or two hundred (200) square feet, whichever is more, without
necessity of a variance, so long as no dimension of the common open space provided is less
than ten (10) feet in any direction; or
(3) If the development requires provision of more than ten (10) on-site parking
spaces, allowan
ce of up to fifty percent (50%) of the required parking as compact parking
stalls as defi
ned in chapter 25.70 without necessity of a variance.
(c) Additional Incentives,
(1) If the developer or applicant is willing to enter into agreement to extend the
affordability ofthe units subject to this chapter from ten (10) years to thirt
y (30) years, the
required parking can
be reduced by one space per affordable dwelling unit provided
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pursuant to this chapter, but this provision only applies to affordable dwelling units that are
studios or one bedrooms.
(2) If the developer or applicant is willing to enter into an agreement to make all
required affordable dwelling units in the project affordable to very low income or low
income households for the duration of the thirty (30) years, the required parking can be
reduced to one space per one -bedroom unit for all of the one -bedroom and studio dwelling
units in the proposed project.
20 25.040 Affordable housing development standards.
The affordable housing standards are as follows:
(a) Concurrent Construction. The required affordable dwelling units shall be constructed
concurrently with
market -rate
units unless
both the
final decision-making authority
ofthe city
and
developer agree
within the
affordable
housing
agreement to an alternative
schedule
for
development.
(b) Design. The design and construction ofthe affordable dwelling units shall be consistent
with general plan standards; compatible with the design, unit layout, and construction of the total
project development in terms of appearance, construction materials, unit layout, and finished
quality and conform to general plan standards; and consistent with affordable residential
development standards that may be prepared by the planning department as adopted by the city
council.
(c) Minimum dwelling unit size. To qualify as affordable dwelling units under this chapter,
the affordable dwelling units shall meet the following minimum size requirements, excluding
common areas, storage units, an
Type of unit
Minimum
Studio
One -bedroom
Two-bedroom
d assigned parking areas or spaces:
Size
500 square feet
650 square feet
800 square feet
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(d) Sale of affordable dwelling unit. Any sale of an individual affordable dwelling unit
governed by this chapter shall require continuous occupancy by the owner of the dwelling unit.
25.63.045 Maintenance of Affordability.
(a) Base Resale Price. The price at which the owner purchased the affordable unit shall be
adjusted by the percentage increase or decrease in the median annual income at one hundred
percent of median of a family of four (4) in San Mateo County. The percentage increase or
decrease shall be computed for the period that the affordable unit has been held by owner. This
adjusted price shall be increased by the market value, if any, of any documented, permanent capital
real estate or fixed improvements approved by the city. No price adjustment will be made except
upon presentation to the city of written documentation of all expenditures made by the owner for
which an adjustment is requested. The adjusted price shall be decreased by the amount necessary
to repair any damages and to put the unit into a sellable condition, including items such as paint,
cleaning, construction repairs, and to bring the unit into conformity with all applicable provisions
of this code and the affordable housing guidelines that may be established by the city. The value
of price adjustments shall be reasonably determined by the city. The resulting price shall be the
base resale price of the unit.
(b) No affordable dwelling unit subject to this chapter an
d the agreement provided under
this chapter shall be rented, leased, or sold except in accordance with this chapter an
d the governing
agreement.
25.63.040 Length of Affordability
An affordable dwelling unit provided pursuant to this chapter shall be kept affordable for
a period of at leas
t ten (10) years. If more than two incentives are requested and approved for a
residential development or if section 25.63.030(c) applies, the aff
25.63:040 Agreement required.
t thirty (30) years.
ected affordable dwelling units
shall be kept affordable for a period of at leas
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(a) The affordability required by this chapter shall be established by an agreement between
the city and the developer and be binding on the heirs, successors and assigns of the developer.
(b) The agreement shall not be amended without the approval of the planning commission,
and should any matter of substance be affected, the review of the proposed amendment to the
agreement shall be subject to all substantive and procedural requirements of this chapter.
Section 3. This ordinance shall be published as required by law and become effective sixty
(60) days after adoption..
P/� WXi yr
I, DORIS MORTENSEN, Deputy City Clerk of the City of Burlingame, do hereby certify
that the foregoing ordinance was introduced at a regular meeting of the City Council held on the
16`b day of June, 2003, and adopted thereafter at a regular meeting of the City Council held on the
7`h day of July, 2003, by the following vote:
AYES: COUNCILMEMBERS: BAYLOCK, COFFEY, GALLIGAN, JANNEY, O'MAHONY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
`�
City Cl rk
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