Loading...
HomeMy WebLinkAboutOrd 1909ORDINANCE NO. 1909 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BURLINGAME, AMENDING CHAPTER 25.63 OF THE BURLINGAME MUNICIPAL CODE TO COMPLY WITH STATE LAW REQUIRING INCENTIVES OR CONCESSIONS FOR QUALIFYING DEVELOPMENTS (DENSITY BONUS ORDINANCE) WHEREAS State Law requires the adoption of a Density Bonus Ordinance, under Government Code §65915-65919; and WHEREAS the City's existing Inclusionary Housing provisions require modification to reflect governing state law and account for local conditions; and WHEREAS current regulations should be updated to reflect governing state law and account for local conditions; and WHEREAS efficiency and transparency are served by combining the objectives served by the existing Inclusionary Housing provisions into the required Density Bonus Ordinance; NOW, THEREFORE, the City Council does hereby ordain as follows: DIVISION 1: Section 1: Burlingame Municipal Code Chapter 25.63 is repealed in its entirety and replaced with the following: 25.63.010 Purpose. (a) It is the City Council's intent that this chapter be implemented in a manner consistent with the. provisions set forth in Government Code §§65915-65919, hereinafter the "density bonus law." This chapter creates procedures for identifying qualifying developments, and the submission, review, and granting of incentives and concessions consistent with state law. (b) All applicable provisions of the density bonus law are hereby incorporated by reference and shall be the default law unless otherwise provided by this chapter. (c) This chapter shall not abrogate the any other requirements set forth by federal, state, or local law, including but not limited to California Environmental Quality Act requirements and Burlingame Municipal Code. 25.63.015 Definitions. The following terms shall have the following meanings when used in this chapter. All other terms shall be interpreted consistent with the meaning set forth in the density bonus law. ORDINANCE NO. 1909 (a) `Affordable units" shall collectively mean units qualifying as "very low," "lower," and "moderate" income units as used in this chapter and in the density bonus law. (b) `Applicant" shall mean any person, firm, partnership, association, joint venture, corporation, entity, or any combination thereof, who seeks a density bonus and/or concessions as defined in this section. (c) "Chi/d care facility".shall mean a child day care facility other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and schoolage child care centers. (d) "Concessions" shall be interchangeable with "incentives," unless otherwise indicated. The meaning shall be consistent with Government Code §65915(k). (e) "Density bonus" shall mean a density increase over the otherwise maximum allowable residential density as of fhe date of the application. (f) "Development" shall have the meaning set forth in Government Code §65915(1). (g) "Incentives" shall be interchangeable with "concessions," unless otherwise indicated. The meaning shall be consistent with Government Code §65915(k). (h) "Lower income" shall have the same definition set forth in Health and Safety Code §50079.5. (i) "Moderate income" shall have the same definition set forth in Health and Safety Code §50093. (j) "Specific adverse impact" shall have the same definition as set forth in Government Code §65589.5(d)(2). (k) "Very low income" shall have the same definition as set forth in Health and Safety Code §50105. 25.63.020 Density Bonus. This section describes the density bonuses that will be provided, at the request of an applicant, when that applicant provides restricted affordable units as described below. (a) The city shall grant a 20 percent (20%) density bonus when an applicant for a development of five (5) or more dwelling units seeks and agrees to construct at least any one of the following in accordance with the requirements of this Section and Government 2 ORDINANCE NO. 1909 Code Section 65915: (1) At least 10 percent (10%) of the total dwelling units of the development as restricted affordable units affordable to lower income households. For each one percent (1%) increase in the percentage of restricted lower income units, a development will receive an additional one and one-half percent (1.5%) density bonus up to thirty-five percent (35%) of the maximum residential density; or (2) At (east five percent (5%) of the total dwelling units of the development as restricted affordable units affordable to very low income households. For each one percent (1%) increase in the percentage of restricted very low income units, a development will receive an additional two and one-half percent (2.5%) density bonus up to thirty-five percent (35%) of the maximum residential density; or (3) A senior citizen housing development; or (4) A qualifying mobile home park. (b) The city shall grant a five percent (5%) density bonus when an applicant for a development of five (5) or more additional dwelling units seeks and agrees to construct, in accordance with the requirements of this Section and Government Code Section 65915, at least 10 percent (10%) of the total dwelling units in a common interest development as defined in California Civil Code Section 4100 for moderate income households, provided that all dwelling units in the development are offered to the public for purchase. For each one percent (1%) increase in the percentage of restricted moderate income units, a development will receive an additional one percent (1%) density bonus up to thirty-five percent (35%) of the maximum residential density. (c) No additional density bonus shall be authorized for a senior citizen development or qualifying mobile home park beyond the density bonus authorized by subsection (a) of this section. (d) When calculating the number of permitted density bonus units, any fractions of units shall be rounded to the next highest number. An applicant may elect to receive a density bonus that is less than the amount permitted by this section; however, the city shall not be required to similarly reduce the number of restricted affordable units required to be dedicated pursuant to this section and Government Code Section 65915(b). (e) Each development is entitled to only one density bonus, which shall be selected by the applicant based on the percentage of very low restricted affordable units, lower income restricted affordable units, or moderate income restricted affordable units, or the development's status as a senior citizen housing development or qualifying mobile home park. Density bonuses from more than one category may not be combined. In no case ORDINANCE NO. 1909 shall a development be entitled to a density bonus of more than thirty-five percent (35%). (f) The density bonus units shall not be included when determining the number of restricted affordable units required to qualify for a density bonus. When calculating the required number of restricted affordable units, any resulting decimal fraction shall be rounded to the next larger integer. (g) Certain other types of development activities are specifically eligible for a density bonus pursuant to state law: (1) A development may be eligible for a density bonus in return for land donation pursuant to the requirements set forth in Government Code Section 65915(g). (2) A condominium conversion may be eligible for a density bonus or concession pursuant to the requirements set forth in Government Code Section 65915.5. (h) Notwithstanding any provision of this chapter, all developments must satisfy all applicable requirements of any below market rate housing program adopted by the City, which may impose requirements for restricted affordable units in addition to those required to receive a density bonus or concessions. Table 1 summarizes the density bonus provisions described in this Section. Table 1: Density Bonus Summary Table 25.63.030 Development Standards foe Affordable Units. 0 Additional Percentage Bonus for of Restricted Minimum Each 1% Units Percentage Percentage Increase in Required for of Restricted of Density Restricted Maximum Restricted Affordable Affordable -Bonus Affordable 35% Density Units or Category Units Granted Units Bonus Very Low Income 5% 20% 2.50% 11% Lower Income 10% 20% 1.50% 20% Moderate Income 10% 5% 1% 40% Senior Citizen Housing 100% 20% ------ ------ Qualifying Mobile Park 100% 20% ------ ------ Note: A density banus may be selected from only one category up to a maximum of 35% of the Maximum Residential Density. 25.63.030 Development Standards foe Affordable Units. 0 ORDINANCE NO. 1909 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 of the city and developer agree within the affordable housing agreement to an alternative schedule for development. (b) Moderate income restricted affordable units shall remain restricted and affordable to the designated income group for a minimum period of 30 years (or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program). Very low and lower restricted affordable units shall remain restricted and affordable to the designated income group for a period of 30 years for both rental and for -sale units (or a longer period of time if required by a construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program). (c) Design. Restricted affordable units shall be built on-site and be dispersed within the development. The number of bedrooms of the restricted affordable units shall be equivalent to the bedroom mix and average sizes of the non -restricted units in the development; except that the applicant may include a higher proportion of restricted affordable units with more bedrooms. The design and construction of the affordable dwelling units shall be consistent with the design, unit layout, and construction of the total project development in terms of appearance, exterior construction materials, and unit layout, and be consistent with any affordable residential development standards that may be prepared by the City. (d) A regulatory agreement, as described in Section 25.63.080, shall be made a condition of the discretionary permits for all developments pursuant to this chapter. The regulatory agreement shall be recorded as a restriction on the development. 25.63.040 Development Concessions and Incentives. (a) By Right Parking Incentives. Upon request by the applicant a development that is eligible for a Density Bonus may provide parking as provided in this subsection (a), consistent with Government Code Section 65915(p), inclusive of accessible and guest parking: (1) Zero to one bedroom unit: one on-site parking space; (2) Two to three bedroom unit: two on-site parking spaces; 5 ORDINANCE NO. 1909 (3) Four or more bedroom unit: two and one-half parking spaces. (b) Other Incentives and Concessions. A development is eligible for other Concessions or Incentives as follows: (c) In submitting a request for Concessions or Incentives, an applicant may request the specific Concessions set forth below. The following Concessions and Incentives are deemed not to have a specific adverse impact: (1) In zoning districts where a Conditional very low income units %lower income units %moderate income units 1 incentive 5 10 10 2 incentives 10 20 20 3 incentives 15 30 30 (c) In submitting a request for Concessions or Incentives, an applicant may request the specific Concessions set forth below. The following Concessions and Incentives are deemed not to have a specific adverse impact: (1) In zoning districts where a Conditional Use Permit is required for buildings or structures more than thirty-five (35) feet in height, a height up to forty-six (46) feet without a Conditional Use Permit; or (2) Reduction of common open space in the rear yard of a residential development by up to fifty (50) percent 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) Use of unistall parking spaces each with a clear interior measurement of eight and one-half (8 1/2) feet in width and eighteen (18) feet in length without necessity of a variance; or (4) Allowance of up to fifty (50) percent of the required parking as compact parking stalls as defined in Chapter 25.70, without necessity of a variance. (d) Nothing in this chapter shall be construed to require the provision of direct financial concessions for the development, including the provision of publicly owned land by the city or the waiver of fees or dedication requirements. 25.63.050 Waiver/Modification of Development Standards An applicant may apply for a waiver or modification of development standards that will have the effect of physically precluding the construction of a development at the densities or with the concessions or incentives permitted by this chapter. The developer must demonstrate that development standards that are requested to be waived or modified will have the effect of physically precluding the construction of a development meeting the criteria of subsection (a) of 0 ORDINANCE NO. 1909 Section 25.63.020 at the densities or with the concessions or incentives permitted by this chapter. 25.63.060 Child Care Facilities. (a) An applicant otherwise qualifying for density bonuses and/or incentives under this chapter may be eligible for the following density bonuses or incentives if they propose to construct a qualifying child care facility, consistent with §65915(h). (b) The density bonus shall be in an amount of square feet of residential space that is equal facility. to or greater than the amount of square feet in the child care facility. (c) The incentive shall be granted if it contributes significantly td the economic feasibility of the construction of the child care facility. (d) The City may deny the density bonus or incentives described in this section if it finds, based on substantial evidence, that the community has adequate child care facilities. 25.63.070 Application and Review Process. (a) An application for a density bonus or incentive shall be made to the Community Development Department on forms provided by the City. The application shall include the following information: (1) A brief description of the proposed housing development, including the total number of dwelling units, affordable housing units, and density bonus units proposed. (2) The requested density bonus amount and requested incentives, if any. (3) Site plans showing the location of market -rate, density bonus, and affordable housing units. (4) Any other such information as is necessary to verify that the applicant and/or the housing development meets all requirements set forth by state and local law. (b) The application, or an incentive therein, may be wholly or partially denied for any of the following reasons: (1) The application is incomplete. (2) The application contains a material misrepresentation. 7 ORDINANCE NO. 1909 (3) The incentive has an insufficient relationship to provng affordable housing. (4) The incentive has a specific, adverse,impact as defined in this chapter. (5) .The incentive is contrary to federal or state law. (c) The applicant may file an appeal to the City Council within 14 days of being notified of his application's final denial. 25.63.080 Regulatory Agreement. (a) After approval of the application as detailed in §25.63.050, applicant shall enter into a regulatory agreement with the City. The terms of this agreement shall be approved as to form by the City Attorney's Office, and reviewed and revised as appropriate by the reviewing city official. This agreement shall be on a form provided by the City, and shall include the following terms: (1) The affordability of very low, lower, and moderate income housing shall be assured in a manner consistent with Government Code §65915(c)(1). (2) An equity sharing agreement pursuant to Government Code §65915(c)(2). (3) The location, dwelling unit sizes, rental cost, and number of bedrooms of the affordable units. (4) A description of any bonuses and incentives, if any, provided by the City. (5) Any other terms as required to ensure implementation and compliance with this section, and the applicable sections of the density bonus law. (b) This agreement shall be binding on all future owners and successors in interest. The agreement required by this section shall be a condition of all development approvals and shall be fully executed and recorded prior to the issuance of any building or construction permit for the project in question. DIVISION 2: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or ORDINANCE NO. 1909 more sections, subsections, sentences, clauses or phrases be declared invalid. DIVISION 3: This Ordinance shall be published in a newspaper of general circulation in accordance with California Government Code Section 36933, published, and circulated in the City of Burlingame, and shall be in full force and effect thirty (30) days after its final passage. ~ _ 1 Terry Nagel, Mayer I, Mary Ellen Kearney, 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 20th day of January 2015 and adopted thereafter at a regular meeting of the City Council held on the 2"d day of February, 2015 by the following vote: AYES: COUNCILMEMBERS: BROWNRIGG,KELGHRAN, NAGEL, ORTIZ, ROOT NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ATTEST: Mary Ellen Kearney, City Clerk