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Section 1: Burlingame Municipal Code Chapter 25.63 is repealed in its entirety and replaced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
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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.
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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;
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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
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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.
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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