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Home My WebLink AboutMINUTES - 07242007 - D.1 I TO: BOARD OF SUPERVISORS Contra ��.; ;.r , Costa FROM: Dennis M. Barry, AICP -. .to . , ounty Director of Community Development DATE: July 24, 2007 SUBJECT: HEARING ON THE RECOMMENDATION OF THE COUNTY PLANNIN COMMISSION TO CONSIDER REVISIONS TO THE RESIDENTIAL DENSITY BONUS AND INCLUSIONARY HOUSING ORDINANCES, ORDINANCE NO. 2007- 28 (County File # ZT06-0005) SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. OPEN the public hearing and receive testimony on the proposed Ordinance No. 2007-28, which would revise the Residential Density Bonus (DBO) and Inclusionary Housing (IHO) Ordinances; and change the name of Title 8, Division 822 of the County Ordinance Code (County File # ZT06-0005). 2. CLOSE the public hearing and consider the proposed Ordinance. 3. CONSIDER the recommendations of the County Planning Commission as contained in Resolution No. 12-2007. 4. CONSIDER the Addendums to the Negative Declaration of Environmental Significance regarding the adoption of Ordinance No. 2007-28. 5. FIND on the basis of the whole record before it, including the initial studies, all comments received, and previous negative declarations, that the adoption of Ordinance No. 2007-28 will not have a significant effect on the environment and that the addendums to the negative declarations reflect the Board's independent judgment and analysis. CONTINUED ON ATTACHMENT: ® YES ❑ NO SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR R MMENDA I N OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ' ACTION OF BOARD ON APPROVED'AS RECOMMENDED OTHER IF J en VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Kara Douglas, 335-7223 ATTESTED Orig: Community Development/CDBG JOHN CULLIt-141, CLER cc: County Administrator OF THE BOARD OF SUPERVISORS County Counsel AND C��M NI/'�y , Auditor-Controller BY DEPUTY i Residential Density Bonus and Inclusionary Housing Ordinance Public Hearing July 10, 2007 Page 2 l; i, 6. ADOPT the addendums to the negative declarations and specify that the Community Development Department, located at 651 Pine Street, is the custodian of the documents and other materials which constitute the records of proceedings upon which the Board's decision is based. 7. ADOPT Ordinance No. 2007-28. 8. DIRECT the Community Development Director, or designee, to file.a Notice of Determination for this project with the County Clerk. 9. DIRECT the Community Development Director, or designee, to arrange for payment of the $50 handling fee to the County Clerk for filing such Notice of Determination. FISCAL IMPACT The preparation of the revised Residential Density Bonus Ordinance is an unfunded mandate. A portion of a fee paid in-lieu of developing the affordable housing units fee may be used to cover costs of implementing the Inclusionary Housing Ordinance. CEQA COMPLIANCE: The County adopted a Negative Declaration for the DBO on March 13, 2001 and an Addendum to the Negative Declaration on December 7, 2004. The County adopted a Negative Declaration for the IHO on March 8, 2006. The revisions to Division 822 constitute minortechnical changes and additions to the DBO and IHO, and the respective Negative Declarations. Therefore Addendums to the Negative Declaration for the DBO and IHO have been prepared. Text has been added to the Land Use Planning Section of the DBO Negative Declaration to include:"mobile home parks that limit residency based on age requirements for housing older persons." Text changes to Land Use Planning Section of the IHO Negative Declaration include: "In exchange for providing a percentage of the total project units as affordable, a developer may receive a density bonus if desired. A developer who requests a density bonus for; providing the inclusionary units is entitled to a density bonus in the requested amount, up to the maximum 15 percent." The Department of Fish and Game has determined that for the purposes of the assessment of CEQA filing fees, the project has no potential effect of fish, wildlife and habitat and the project'as described does not require the payment of a CEQA filing fee. BACKGROUND/REASONS FOR RECOMMENDATIONS A. Proposed Revisions to the Density Bonus Ordinance i On April 10, 2001, the Board of Supervisors adopted County Ordinance No. 2001-06, Residential Density Bonus. The DBO was revised on December 7, 2004. The DBO requires the County to grant one density bonus, and incentives or concessions, when an applicant for a housing development seeks and agrees to construct a housing development that will contain senior citizen housing; or a specific number of units affordable to either very-low, lower, or moderate income households; or a mobile home park that limits residency based on age requirements for housing for older persons. Changes to Governmental Code Section 65915 effective 2005 and 2006 require the DBO to be revised. The proposed revised DBO has been drafted to be fully consistent with State law; it does not include requirements or restrictions beyond those specified in the law. It applies to the residentially designated districts of the unincorporated areas of the County only. In many sections, the DBO now refers to the relevant portion of the State law rather than repeat the statutory language for two reasons: 1)the statutory language in places is lengthy and cumbersome; and 2) State law changes frequently and a reference to the statute allows the revised DBO to- e kept current. The DBO is required to incorporate the minimum and maximum allowed density bonus and percentage of affordable units required to obtain a density bonus; a matrix showing the range of ,density bonus associated with different quantities of affordable units; provision of density bonus in exchange for a donation of land for affordable housing; and an appeal process. i KI)\\Iti-cd\Users$'\k(IOUgIBs\kdollgIas\Ne%%\Board Orders\2007\13130.rcvisc.doc i. Residential Density Bonus and Inclusionary Housing Ordinance.Public Hearing July 10, 2007 i. Page 3 : • B. Inclusionary Housing Ordinance On October 24, 2006, the Board of Supervisors adopted County Ordinance 2006-43 Inclusionary Housing. The IHO is applicable.to all new residential developments of five or more units, as well as condominium conversions. Fifteen percent of all the residential units are required to be:affordable. In exchange for providing 15 percent of the total project units as affordable, a developer may receive a density bonus if desired. The adopted IHO language was not specific enough and might have been interpreted that the provision of a density bonus in exchange for affordable inclusionary units was discretionary. The proposed IHO revision adds additional clarifying language: "For any project where inclusionary units are required by this Chapter, a developer may request a density bonus for providing the required inclusionary units. The developer may request a density bonus in an amount equal to or less than 15 percent of the total units in the development. A developer who requests a density bonus for providing the inclusionary units is entitled to a density bonus in the requested amount, up to the maximum 15 percent." C. Stakeholder Meeting A meeting was held with interested stakeholders on March 23, 2007 to discuss the proposed changes to the DBO and IHO. The meeting was attended by representatives of the Homebuilders Association, Contra Costa Council League of Women Voters, and private business. The meeting attendees felt that the changes to both the DBO and IHO are appropriate. i , Attachments: 1. Ordinance 2007-28 2. County Planning Commission Resolution No. 12-2007 3. Staff report to County Planning Commission 4. Addendum to Notice of Determination for the Residential Density Bonus Ordinance 5. Notice of Determination for the Residential Density Bonus Ordinance 6. Fish and Game No Effect Determination for the Residential Density Bonus Ordinance 7. Addendum to Notice of Determination for the Inclusionary Housing Ordinance 8. Notice of Determination for the Inclusionary Housing Ordinance 9. Fish and Game No Effect Determinations for the Inclusionary Housing Ordinance Y i . A KD\`,fs-cd\ascrs$\kdouelas\kdoa[tlas\Ne%\Board Orders\2007\DBO revise.doc � i ADDENDUM TO D.l July 24, 2007 On this day the Board considered adoption of Ordinance No. 2007-28, which would revise the Residential Density Bonus (DBO) and Inclusionary Housing Ordinances (THO), and to adopt related California Environmental Quality Act findings. ; Kara Douglas, Community Development Department (CDD), introduced the item with proposed revisions to the DBO. She said proposed revisions were discussed with representatives of the Homebuilders Association, Contra Costa Council, League of ' Women Voters, and private business, and stakeholders were satisfied the changes to both the DBO.and IHO are appropriate. ' Supervisor Gioia suggested including the phrase "as it may be amended in the future"fin reference to the code section under State law on page 3, and noted if the intent of these code sections are amended in the future, the ordinance should reflect those changes. Thomas Geiger, County Counsel, said there is a section on page 3 of the Ordinance that refers to inconsistencies between the Ordinance and State law. Supervisor Bonilla noted that comments are frequently heard from the public about why housing projects are so dense. She said houses are often built so close together because of State requirements for affordability, and added that the density bonus is a State issue. i Dennis Barry, Community Development Director, said the County is balancing the state's requirements with the County's desire for good design, and noted that often dense projects may be a a tradeoff for the affordability portion of those units and the County has no discretion in the matter. Chair Piepho opened the public hearing and there were no speakers. By a unanimous vote with,none absent the Board of Supervisors took the following `. action: CLOSED the public hearing; FOUND on the basis of the whole record, including initial studies and comments that the addendums to the Negative Declarations reflect. the Board's independent judgment and anal ysi s;ADOPTED the addendums to the negative declarations and specified CDD is the custodian of the documents and other materials which constitute records of proceedings;ADOPTED Ordinance No:200,7-28 with the following addition on.Page 3 822-2.208 State law. If tiny'provisions of this chapter are inconsistent with a11y provisions of Goveryrrraent Code section 65915, then the provisions of Govertinaent Code section 65915 shall prevail. All statutory references apply to the statute as now or hereafter amended (Ords. 2007-28§3.) ' 1 DIRECTED CDD to file a Notice of Determination; and DIRECTED CDD to arrange for payment of the $50.00 handling fee to the County Clerk for filing such Notice.of Determination. 4 i ALL DISTRICTS REVISION TO THE RESIDENTIAL DENSITY BONUS AND INCLUSIONARY HOUSING ORDINANCES CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT COUNTY FILE: #ZT06-0005 -A REQUEST TO REVISE THE EXISTING RESIDENTIAL DENSITY BONUS AND INCLUSIONARY HOUSING ORDINANCE Board of Supervisors Contra Costa County July 24, 2007—9:30 am COUNTY PLANNING COMMISSION CONTRA COSTA COUNTY STATE OF CALIFORNIA RESOLUTION NO 12=2007 RESOLUTION OF TAE COUNTY PLANNING COMMISSION OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, INCORPORATING RECOMMENDATION ON THE PROPOSED REVISIONS TO THE RESIDENTIAL DENSITY BONUS AND INCLUSIONARY HOUSING ORDINANCE, CONTRA COSTA COUNTY ORDINANCE CODE, CHAPTER 822, County File#ZT 06-0005 WHEREAS, California Government Code 65915 requires jurisdictions of local government to provide incentives for the production of housing affordable to very-low income, low income, and senior citizens; and WHEREAS, Government Code 65915 requires all cities and counties to adopt a density bonus ordinance consistent with State law; and WHEREAS, Government Code 65915 was revised effective 2005 and 2006; and WHEREAS, the Residential Density Bonus Ordinance applies to the unincorporated area of Contra Costa County, and adoption of the revised Density Bonus Ordinance will bring Contra Costa County into compliance with Government Code 65915; and WHEREAS, the Inclusionary Housing Ordinance was adopted by the Board of Supervisors on October 24, 2006 and.requires residential developments of five or more units to include 15 percent of those units as affordable housing; and ' WHEREAS, the revisions to the Inclusionary Housing Ordinance will clarify the provision that allows a developer who requests a density bonus to receive a density bonus; and WHEREAS, a stakeholders meeting was held on March 23, 2007 to receive comments' from interested and affected business organizations, community groups, and individuals, and; WHEREAS, after notice was lawfully given, a public hearing was scheduled before the County Planning Commission on Tuesday, May 22, 2007, where all persons interested might appear and be heard; and WHEREAS, on Tuesday,! May 22, 2007, the County Planning Commission fully reviewed, considered, and evaluated all.the materials provided by staff-, and NOW, THEREFORE, BE IT RESOLVED that the County Planning Commission recommends to the Board of Supervisors of the County of Contra Costa, State of California, that the Board of Supervisors ADOPT a Second Addendum to the Negative Declaration prepared for the Residential Density Bonus Ordinance and an Addendum to the Negative Declaration prepared for the Inclusionary Housing Ordinance in compliance with the California Environmental Quality Act. BE IT FURTHER RESOLVED that the County Planning Commission recommends to the Board of Supervisors of the County of Contra Costa, State of California, that the Board of Supervisors ADOPT Ordinance 2007-28 to revise Contra Costa Ordinance Code, Chapter 822. BE IT FURTHER RESOLVED that the direction to prepare this resolution was given by the County Planning Commission at its meeting of May 22, 2007 by the following vote: AYES: Commissioners—Battaglia,Murray,.Snyder,Terrell,Wong NOES: Commissioners—Clark ABSENT: Commissioners—Gaddis ABSTAIN: Commissioners—None BE IT FURTHER RESOLVED that the Secretary of the County Planning Commission shall respectively sign and attest the certified copy of this resolution and deliver same to the Board of Supervisors all in accordance with the Planning Laws of the State of California. Hyman Wong, Chair County Planning Commission County of Contra Costa State of California 1, Dennis M. Barry, Secretary of the County Planning Commission certify that the forgoing was duly called and approved on May 22, 2007. Dennis M. Barry Secretary of the County Planning Commission County of Contra Costa State of California i J Agenda Item #_ Community Development Contra Costa County CONTRA COSTA COUNTY PLANNING COMMISSION TUESDAY. MAY 22;2007— 7:00 P.M. I. INTRODUCTION REVISIONS TO DIVISION 822 OF TIIE COUNTY ORDINANCE CODE: TITLE. RESIDENTIAL DENSITY BONUS ORDINANCE. AND INCLUSIONARY HOUSING ORDINANCE. County File #Z.T06-0005. This is a County-initiated request to make the changes to the title, the -Density Bonus Ordinance, and the Inclusionary Housing Ordinance in Division 822 of the County .Ordinance Code. Staff is seeking a recommendation to the Board of Supervisors on the following proposed changes: A. Title: Change the title from "Residential Density Bonus" to "Affordable Housing". B. Residential Density Bonus Ordinance (DBO): Revise the adopted DBO (adopted April 10, 2001, Ordinance No.: 2001-06) to incorporate changes set forth in Governmental Code 65915 effective in 2005 and 2006. C. Inclusionary Housing Ordinance (IHO): Revise the adopted IHO (adopted October 24, 2006, Ordinance No.: 2006-43) to clarify that a developer who requests a density bonus for providing inclusionary units shall receive a density bonus. Attachment A to this report is an ordinance that will make the above revisions. Sections 11 through XI refer to Division 822.2, Residential Density Bonus. Section XII refers to Division 822.4, Inclusionary Ordinance. Section XIII refers to the title of Division'822. Also attached is the current DBO (Attachment B), State density bonus law (Attachment C), and the current IHO (Attachment D). Il. RECOMMENDATION Staff recommends the Planning Commission, having considered the previously adopted CEQA documents and the addendums as listed in Section III.F below recommend to'the Board of Supervisors approval of the Negative Declaration Addendums and adoption of the ordinance to revise Division 822 of the.ordinance code. III. STAFF DISCUSSION On April 10, 2001, the Board of Supervisors adopted County Ordinance No. 2001-06, Residential Density Bonus. The DBO requires the County to grant one density bonus, and incentives or concessions, when an applicant for a housing development seeks and agrees to construct a housing development that will contain senior citizen housing; or a specific number of units affordable to either very-low, lower, or moderate income households; or a mobile home park that limits residency based on age requirements for housing for'older persons. �I The proposed revised UBO has been drafted to be fully consistent with State law; if docs not include requirements or restrictions beyond those specified in the law. The revised DBO was drafted by County Counsel. It applies to the residentially designated districts of the unincorporated areas of the County only. A, Proposed Revisions to the Density Bonus Ordinance Changes to Governmental Code Section 65915 effective 2005 and 2006 require the DBO to be revised. In many sections, the DBO now refers to the relevant portion of the"State law rather than repeat the statutory language for two reasons: 1) the statutory language in places is lengthy and cumbersome; and 2) State law changes frequently and a reference to the statute allows the revised DBO to be kept current. The DBO is required to incorporate the following: I 1. Provision of Granting a Density Bonus �i In the current DBO, the County is required to grant one density bonus and one concession or incentive when either the applicant agrees to construct more; than twenty percent of the total units for lower income households, or when the applicant agrees .to construct more than ten percent of the total units for very low income households, or when the applicant agrees to construct more than twenty percent of the total units for moderate income households in a condominium project, or where the applicant agrees to construct senior citizen housing with more than 50 percent of the units for qualifying residents. The revised DBO is amended to provide that the County is required to grant one density bonus and incentives or concessions when an applicant for a .housing development seeks and agrees to construct a housing development, excluding any units permitted by the density bonus, that will contain at least any one of the following: ten percent of the total units of a housing development for lower income households; five percent of the total units of a. housing development for very low income households; a senior citizen housing development, or a mobile home.;park that limits residency based on age requirements for housing older persons: Or ten percent of the total dwelling units in a common interest development for persons and families of moderate income, provided that all units inthe development are offered to the public for purchase. 2. Density Bonus Calculations In the current DBO, when determining minimum number of density bonus units to be granted, the maximum residential density for the site shall be multiplied by. 0.25 for non-condominium housing developments or by 0.10 for condominium projects, unless a lesser number is requested by the developer. The revised DBO is amended to state that a density bonus will be calculated under the formula specified in. Government Code 65915(8). Sec Tables 1 throuo h 5. The formula is not repeated in the DBO because of its length. � i ................ ....... .. .... .............................................._............. ................ .......... ...........-....................... Table 1. Minimum Density Bonus Income Level Density Bonus 5%very low income { 20%density bonus ...... ......................... . ............. .... .................................... . . ................ ................................. ..............................................................._ ....... .. ........................:......................_......................................... .................................. 1 10%lower income '10%density bonus 100%senior project 20%density bonus ................... ........._......_ . .................. 10%ownership for moderate income ° density \ 5%densi bonus , ..... ... ............ . . .... Table 2. Sliding Scale Density Bonus Income Level For each one percent increase beyond the minimum density bonus listed above.the density bonus percentage is increased by: Very Low Income 2.5% Lower Income 1.5% Moderate Income(ownership) 1% ............ . ......... .................. .. ....................... ....................... . . ..... .:................. ....... ...................................................... ................................................................................................. ._..............................................................................................................................................._...._...................................... ._....................................: .......... ., ... ........._.._...._............. . ....._..._......................_.....__..._....... ..............._..._._..........._......._...........................-............ .. ' :.........: ::.::.:_....:: ...:.._.::_::.:.:..: :.:::.::_.::_.: .:.:.:.:........:.::__:...:...::..::_:.::.:...:........ Table 3. Very Low Income Calculations _ : ......_......... ...... ...................... .. . ................ ... , Table 4. Low Income Calculation %Very Low Income % " Incentives/ E. _.. ..__ .. ....... . . Units Density I Concessions i %Low Income % Incentives/ Bonus Units Density Concessions ( jBo us ... ................... -- ...................................................................._......................... ...................._........................ ......._.................................._.................... 5 20 1 ................... ` . .......................... .. ... ............. .......... . ........... 6 22.5 i 1 _........_ _..__.. ....._ ._..._...._.... .......................... ......... ... ... — --- �......._.... . ................: ........�.�..5. 7 'S 1 (...... ......... .. . ...._..... �... .....23.....__1.. ..... .1 .. ... .. ::..... �..... _ _ —. 8 27.5 ( 1 _._. _.... _..... , . ......._ ..: ........_.......... 9 30 1 15 27.5 . 1 ......... ............. .... .._... _...... ..... .. 10 32.5 2 16�.... 29 :i....................... 1 II 35 _'. 17 30.5 l _ _ - ---........ _---. —..... —.� _.._______...._ _. 18 15 35 3 _.......... __._. �2 1 .......__.......... ... .. ......... ..._......_.. ... ._.......... ... _ ...... r 19 33.5 . ....I I.... ............... ..... ._........... ....................... ....:.....:.,.:._::..... ......... .......... . .............. 20 35 - _ 30 35 3 ...... .:.:::W::...:..._= W.:._:.:........__...: .........: .::::::_... ...::.:...:.: ..............-_... .. . ...._ ......... ::.::.:_..__.......:_::....._....... ......_:_.:.::_::_-:........._..:_:......::____:___ .....................:=-_. ::_::.: _...._................ .. . ................ ........ 1.....: g........; ..... ..::......2.......... �..._.___....-._... _......_-......:..-....:.:.-_............. _... Table 5. Moderate Income Calculation 24 192 ...................... :... Condo/Planned Development ; 25 20^ 2 .......................... .................. ..... ................................................ .......... .......... ................... .... ... .:. %Moderate Income % Incentives/ 126. 21 ...................... ...... ............. ............... ........... ......... ...................... ........... . i Ownership Units Density Concessions .: ...................._.............._............_:..............................................._..........:..................................................................................._............_. 27 _ Bonus 28 A............._...... 10 �... ....5 1 _..__—_ _ ... _... ... -._._—i1 __i 1 _............................ ...... . ......... —29 �24 2 .... .......... 30 25 ....... .......... 13 8 I 14 j 9 1 _... .................— _..._ _._. _ —1 2 27 3 � -..— _.....___ ...._.. .. 3 3 3 �_... _..15 _... .r j_ ...10.. .._s 1. ... .. ....1 .. . _ ........:_. ....:.._..:......34._.....:._::.:.._................... ._......__.2.9___..:.... .......:.._.._.:::::..._ .... . ....._._.... -- -- -- — 16 1 1 I _. ........ ........... ........._....... ' ..... __. �.. .... ... I. ............. 3 ...... ....... 5 30 3 17 12 1 --. _. - - -- . ... .-. ... ........... .. ... ......... .... _. ... 36 18si 1� 1 _ _.... _ �. 3 .... .................................: .. 37 32 3 i14 ............ ................... ....... .............. .......................: ............................................... .................... ................... ..................... .. _...--- — 20 15 ............. _... .. ...... ..................... ........................................................................... i........................................... ...... ...................._................. 3 --- 9 34 3 21 16 2 ---- -. — .. . ...._............................................. ...................... 40 ._.._ 'S....... _:..........._ .._' . ...... ... ........ 17 j.... .:....._. ....._..... ..... �.......... - — . __._ — - - _ ........... 3. Land Donations The current DBO does not address the issue of land donations. The revised DBO is amended to provide that a developer is entitled to a density bonus when he or she donates land for the construction of very-low income units. The density bonus given for land donation is calculated under the formula.in the State law (Table 6) and must fulfill the requirements listed below. _ . . . .. ......... ............. ......._ .................__ _..__....._......_............_._._.._..........._....... .............. . _._.........._._................... .............._._. ............. j Table 6. Land Donation _ __ %Very-low %Density- %Very-low % Density Income Units Bonus ! Income Units Bonus ...... ... ...... . . .... ........................................_................................................ ........:.......... ................ 10 1526 i . 21 j 26 22 27 . .11 ............:..... ............ �........._..... 1217 23 i —28 __._—._.._..... ........................__ ............. —_....... :_._...:..:___:..._ 29 l......._. . . ...13 18 24 1419 2....... .5 30 ................._.................... ................... ... 15 20 ............ ... ................ ......_... 31 1621 27 32 { — 17 j 22 2833 18 `3 29... 34.... � . �.. . ... .. . ..... i 19 j 24 �0 35 .... ......... ............... .........._...... ....................._.........._.... -_._._..................... ..._.........--_.._...................._..._. ..........._..---..... _ _.._.........._.._........ ---- 2n i............. 25 .. ............................. 4 a. Developer must donate at least one acre of land of.sufficient size to accommodate 40 units (defined by State law as a minimum of one acre),-.. b. The number of units accommodated on the donated land shall not be less than l0 percent of the total proposed development; C. The land.must be appropriately zoned to accommodate very low income, affordable housing; d. The land must be served by adequate public facilities and infrastructure,. e. The land shall have all necessary permits and approvals, other than building permits; necessary for the development of very low income housing no`later than the date of approval ofthe.final subdivision map, subdivision map: or residential development application; f. Design review can occur later if it is not reviewed prior to transfer; g. The land is transferred no later than final approval of the final subdivision map, final snap or residential development application for the donating project, h. The land and affordable units must be subject to deed restrictions ensuring .continued affordability; which shall be-recorded on the property at the time of dedication; i. The County may require the developer to identify and transfer the land to a specific affordable housing developer if the land is not donated directly;to the County. if the land is not transferred to the County, the County shall approve of the affordable housing developer; j. The transferred land.must be within the boundaries of the development or, with approval of the County, within 1/4 mi le (1,320 feet) of the boundary of the development. 4. Appeal Process.. The current DBO does not address an appeal process. In the revised DBO, there is a separate process established for appealing a decision by the County to deny a requested density bonus, incentive, or concession, or to deny a requested waiver or reduction of existing development or zoning standards. .The appeal process is under County Code section. 26-2.24, which establishes an appeal process for decisions' of the planning division. This provision was added because Government Code section 65915 now provides that an applicant may initiate judicial proceedings if a county or city denies these requests. if a court finds that the refusal to grant the request violates Government Code section 6591;5, the appellant is entitled to attorney's fees and costs. 5 - B. Inclusionary.Housing Ordinance On October 24, 2006, the Board of Supervisors adopted County Ordinance 2006-43 Inclusionary Housing. The.IHO is applicable to all new residential developments of five or more units, as well as condominium conversions. Fifteen percent of all the residential units.are required to be affordable. In rental projects, 12 percent of the inclusionary units must be affordable to lower income households and three percent to very low income' households. In for-sale projects, 12 percent of the inclusionary units must be affordable to moderate income households and three percent to low income households. The IHO also provides for alternative compliance measures including payment of in-lieu fees, off-site development, land conveyance, or other reasonable alternative. In exchange for providing 15 percent of the total project units as affordable, a developer may receive a density bonus if desired. The adopted IHO language was not specific enough and might have been interpreted that the provision of a density bonus in exchange for affordable inclusionary units was discretionary. The proposed IHO revision adds additional clarifying language: "For-any project where inclusionary units are required by this Chapter, a developer may request a density bonus for providing the required inclusionary units. The developer may request a density bonus in an amount equal to or less than 15 percent of the total units in the development. A developer who requests a density bonus for..providing the inclusionary units is entitled to a density bonus in the. requested amount, up to the maximum 15 percent." C. Stakeholder Meeting A meeting was held with interested stakeholders on March 23, 2007 to discuss the proposed changes to the DBO and IHO. The meeting was attended by representatives of the Homebuilders Association, Contra Costa Council, League of Women Voters, and private business. The meeting attendees felt that .the changes to both the DBO and IHO are.appropriate. D. Implementation Guidelines Staff.has created density bonus and inclusionary housing implementation guidelines in order to assist staff, developers, applicants, and the. general public in understanding the proposed DBO and IHO. Where the proposed DBO cites the statute without including the statute language, the guidelines provide the requirements in plain language. The guidelines include definitions, charts, and examples of how to calculate density bonuses for different sized projects in relationship to the recently approved IHO. The IHO guidelines provide a housing plan worksheet and fee calculator. E. General Plan The DBO and IHO assist the County in implementing the goals, objectives, and policies of the County General Plan's Housing Element. Goal 3 of the Housing Element is to increase the supply of housing with a priority on the development of affordable housing. Policy 3.1 of the Housing. Element promotes the use of the County's Density Bonus Policy to provide incentives for the development of affordable housing. Policy 3.3 is to 6 increase the supply of affordable housing and encourage the development of mixed- income housing through development agreements. Goal 5 is to improve housing affordability for both renters and homeowners. Policy 5.1 is to increase the access to homeownership for lower and moderate income households. The granting of a density bonus does not preempt the current planning approval process. The County will not be required to approve a housing development solely because a project complies with density bonus requirements. Provision of a density bonus does not alone require a General Plan Amendment, and eligibility for a density bonus does not constitute approval of a General Plan Amendment request that would not' otherwise be approved. Examples of previously approved density bonuses include the following projects: • Bella Flora Homes/North Richmond – 173 units of newly constructed'for-sale homes. Provision of a density bonus resulted in 35 units that are being sold to very-low income households (3 units) and to moderate income households (32 units). The General Plan designation allowed 5.0 to 7.2 units per acre, or. 117 units. The density bonus allowed an increase of 48 percent to 173 units. • DeAnza Gardens/Bay Point – 180 newly constructed multi-family rental units. Provision of a density bonus resulted in 180 units being affordable to and occupied by extremely low, very-low, and low-income households. The General Plan designation allowed 7.3 to 11.9 units per acre, or 145 units. The density bonus allowed an increase of 25 percent to 180 units. • Crockett Senior Housing/Crockett-37 newly constructed multi-family rental units. The project was financed with County HOME Investment Partnerships Act (HOME) and Community Development Block Grant (CDBG) funds, and other funds available for affordable housing development. Provision of a density bonus and requirements of:the different financing agencies resulted in 36 units being affordable to and occupied by very-low income households. • Crockett Homes/Crockett – Six units of newly constructed for-sale homesi,. The project.was financed with County HOME, Investment Partnerships Act (HOME) funds. Provision of a density bonus resulted in six units that were sold to very-low income households. F. CEQA Review Staff has determined that the ordinance to revise Division 822 constitute minor technical changes and additions to the DBO and IHO, and the respective Negative Declarations. Therefore Addendums to the Negative Declaration for the DBO and II-IO have; been prepared. Text has been added to the Land Use Planning Section of the DBO Negative . Declaration to include "mobile home parks that limit residency based on age requirements for housing older persons." Text changes to Land Use Planning Section of the IHO Negative Declaration include "In exchange for providing a percentage of the 7 total project units as affordable, a developer may receive a density bonus if desired. A developer who requests a density bonus for providing the inclusionary units is entitled to a density bonus in the requested amount,.up to the maximum 15 percent". The County adopted a Negative Declaration for the DBO on March 13, 2001 and an Addendum to the Negative Declaration on December 7, 2004 (Attachment E) The County adopted a Negative Declaration for the IHO on March 8, 2006 (Attachment F) TV. CONCLUSION The DBO must be revised to fully consistent with Governmental Code 65915. The`1HO should be revised to clarify the. awarding of density bonuses for inclusionary units. "Affordable Housing" is a more appropriate title for Division 822. ATTACHMENTS: A—Ordinance No. 2007-_, Residential Density Bonus B —Density Bonus Ordinance C —Government Code Section 65915 (State Density Bonus law) D—Inclusionary Housing Ordinance E— Second Addendum to Density Bonus Ordinance Negative Declaration F—Addendum to Inclusionary Ordinance Negative Declaration 8 .� '� �. 1 ��` 1 �,` 1 :` ,�� 1 `, 1 1F `` � �r �, 1 ,, i i �� '`,; � ��, ,, � '�, 1 i `� �` ,i _ 1 ORDINANCE NO. 2007-28 RESIDENTIAL DENSITY BONUS . The Contra Costa County.Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code): r SECTION I. SUMMARY. This ordinance revises the County's Residential Density.Bonus Ordinance to incorporate changes set forth in Government Code section 65915, which requires counties and cities to grant a density bonus and concessions or incentives for a housing development that meets certain requirements. .This ordinance establishes when a density bonus is to begranted. and how density bonuses are calculated, establishes a procedure for requesting incentives grid concessions, establishes a procedure for-appealing a decision not to grant a density bonus, incentive, or concession, and includes other provisions specifying how compliance with Government,Code section 65915 is implemented in the County. SECTION II..Section 822-2.206 of the County Ordinance Code is amended to read: y A 822-2.206 Definitions. As used in this chapter, the following terms have the following mdanings: (a) "Affordable rent"means a rent, including a reasonable utility allowance as determined by the director, for rental target units that does not exceed the following calculations pursuant to Health and Safety Code section 50053: (1) Very low income:.50 percent of the area median income (AMI) for Contra Costa County, adjusted for household size, multiplied by 30.percent and divided by 12. (2) . Lower.income: 60 percent of the AMI for Contra Costa County, adjusted for household size, multiplied by 30 percent and divided by 12. (b) "Affordable.sales price".means a sales price at which lower, very low, or.moderate income households can qualify for the purchase of target units, taking into account available financing, number of bedrooms and therefore, assumed household size, reasonable down payment, and affordable housing costs as defined in Health and Safety Code section 50052.5. The affordable sales price for lower income households must not exceed a price affordable to households whose income is at or below 70 percent AMI. The affordable sales price for very low income households must not exceed a price affordable to households whose income is at or below. 50 percent AMI. .The'affordable sales price for moderate income households must.. not exceed a price affordable to.persons and families whose income is at or below 110 percent AMI. (c) "Child care facility"has the meaning set forth in Government Code section 65915(1)(4). ORDINANCE NO. 2007-28 1 (d) "Common interest development"has the meaning set forth in Civil Code section 135L. (e) "Concession or incentive".has the meaning set forth in Government Code section 65915(1). (f). "Density bonus"has the meaning set forth in Government.Code section 65915(g). (g) "Density bonus housing agreement" means a legally binding agreement between a developer and the County to ensure that the requirements of this chapter are satisfied and that establishes, among other things, the number, size, location, terms and conditions of,: affordability, and production schedule of target units. (h) "Density bonus units".means those residential units granted pursuant to the provisions of this chapter that exceed the otherwise maximum residential density for the development:site.. (i) "Development standard".has the meaning set forth in Government Code section 65915(0)(1). (j) "Director"means the Community Development Director.- (k) "Housing cost"means the sum of actual or projected monthly payments for all of the following associated with for-sale target units: principal and interest on a mortgage loan, property taxes and assessments, fire and casualty insurance, and homeowner association fees. is (1) "Housing development"means,pursuant to.Government Code section 659150), new construction, rehabilitation or conversion projects consisting of five or more residential units, including single family, and multifamily homes for sale or rent. . (m) "Lower income household"means a household whose income does not exceed the lower income limits applicable to Contra Costa County, adjusted'for household size, as published and periodically updated by the State Department of Housing and Community Development pursuant to Health and Safety Code Section 50079.5. (n) "Maximum allowable residential density".means,pursuant to Government Code section 65915(0)(2), the maximum number of residential units permitted by the County's General Plan Land Use Element and applicable.zoning district at the time of application, apart from the provisions of this chapter. (o) "Moderate income household"means persons and families whose income does not,exceed the moderate income limits applicable to.Contra.Costa County, adjusted for household size, as published and periodically updated by the State Department of Housing and Community Development pursuant to.Health and Safety.Code Section 50093. The income limit for moderate income households in Contra Costa County is 120 percent of the area median income. ORDINANCE NO. 2007-28 2 (p) "Non-restricted unit"means any unit within a housing development that is not a target unit. (q) "Qualifying resident"means a senior citizen or other.person eligible to reside in senior citizen housing as defined in Civil Code section 51.3. (r). "Senior citizen housing development"has the meaning set forth in Civil Code Section. 51.3. (s) "Target unit"means a dwelling unit within a housing development that is affordable to and will be reserved for sale or rent to very low.income households, lower income households, moderate income households, or qualifying residents. (t) "Very.low income household".means a household whose income does not exceed the very low income limits applicable to Contra Costa County adjusted for household size, as published and periodically updated by the State Department of Housing and Community Development pursuant to Health and Safety Code section 50105. (Ords. 2007-28 §.2, 2004- 45 § 3, 2001-06 § 2.) SECTION III. Section 822-2.208.is added to the County Ordinance Code, to read: 822-2.208 State law. If any provisions of this chapter are inconsistent with any provisions of Government.Code section 65915, then the provisions of Government Code section 65915 shall prevail.. All statutory references apply to the statute as now or hereafter amended. (Ords. 2007-28 § 3.) SECTION IV. .Section 822-2.402 of the County.Ordinance Code is amended to read: 822-2.402 Inclusionary Unit Density Bonus. For any,project where inclusionary units are required under Chapter 822-4, a developer may request a density bonus for providing the required inclusionary units. The developer may request a density bonus in an amount equal to or less than 15 percent of the total units in the development, including the inclusionary units provided in the development.. A developer who requests a density bonus for providing inclusionary units is entitled to a density bonus in the requested amount,up to the maximum 15 percent. A developer is not entitled to any incentives or concessions under Section 822-2.408, except for incentives that may otherwise be granted pursuant to subsection (c) of section 822-4.418. (Ords. 2007-28 § 4, 2004-45 § 3, 2001-06 § 2.) SECTION V. Section 822-2.404 is amended to read as follows: 822-2.404 Affordable Unit Density Bonus. (a) If a project includes moderate income, lower income, very low income, or senior housing units at levels beyond those required by Chapter 822-4, a developer may request a density ORDINANCE NO. 2007-28 3 bonus under this section and may request incentives or.concessions pursuant to Section 822- 2.408. (b) A project for which a density bonus is eligible under this section must meet at least!one of the following criteria: r (1) Ten percent of the total units of a housing development must be reserved for lower income households. (2) Five percent of the total units of a housing development must be reserved for very low income households. (3) The housing development must be a senior citizen housing development, or a mobilehome park that limits residency based on age requirements for housing for older persons pursuant to Civil Code section 798.76 or 799.5. (4) Ten percent.of the total dwelling units in a common interest development must be reserved for persons and families of moderate income,provided that all units in the development are offered to the public for purchase. i The percentages specified above exclude any inclusionary.units, exclude any density bonus awarded under this section, and exclude any densityy bonus awarded under Section 822-2.402. (c) The County will grant a requested density bonus to a developer who agrees to construct a housing development that meets at least one of the criteria specified in subsection (b). The density bonus to which an applicant is entitled under this section will be calculated`in accordance with Government Code section 65915(8),unless an applicant elects to accept a lesser percentage of density bonus. For purposes of calculating the amount of the.density bonus under this section,the applicant who requests a density bonus must elect whether the bonus will be awarded on the basis of subparagraph (1), (2), (3), or(4)of subsection (b) of this section. (Ords. 2007-28 § 5, 2004-45.§ 3, 2001-06 §.2.) � i SECTION VI. Section 822-2.406 of the County Ordinance Code is amended to read as fellows: 822-2.406 Land Donation Density Bonus. When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land as provided for.in Government Code section 65915(h),the applicant shall be entitled to a density.bonus in accordance with Government Code section 65915(h). (Ords. 2007-28. § 6, 2004-45 § 3, 2001-06. § 2.) SECTION VII. Section 822-2.408 of the County Ordinance Code is amended to read: 822-2.408 Incentives and Concessions. The incentives or concessions to which an applicant is entitled shall be determined in accordance with Government Code section 65915(d)(2). (Ords. ORDINANCE NO. 2007728 4 i 2007-28 § 7, 2004-45 § 3, 2001-06 § 2.) SECTION VIII..Section 822-2.410 of the County Ordinance Code is amended to.read: 822-2.410 Time Periods of Affordability. (a) Low-income and very-low-income target units shall remain restricted and affordable;to the designated group for 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, in accordance with Government Code section 65915(c)(1). (b) The moderate-income units that are directly related to.the receipt of the density bonus in a common interest development shall comply with the requirements of Government Code section 65915(c)(2). .(Ords. 2007-28 § 8, 2004- § 3, 2001-06 § 2.) SECTION IX. .Article 822-2.6 of the County Ordinance Code is amended to read: . Article 822-2.6 Review 822-2.602 Applications. (a) An applicant may submit a written proposal for the specific concessions or incentives that the applicant requests. The County will grant the concession or incentive requested by the applicant unless the County makes a written finding pursuant to Government Code section 65915(d). (b) If existing development or zoning standards, including but not limited to such items as minimum lot size, side yard setbacks, and placement of public works improvements, would otherwise inhibit the utilization of a density bonus on a specific site, an applicant may submit a written proposal for the waiver or reduction of those standards. .A written proposal under this subsection must show that the waiver or modification is necessary to make the housing development economically feasible as provided in subsections (e) and (f) of Government Code section 65915. For purposes of this chapter, any waiver or modification to the requirements of the involved zoning district shall not be considered a variance. The County is not required to waive or reduce development standards if, pursuant to.Government Code section 65915(e),the waiver or reduction would have a specific.adverse impact upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the.specific adverse impact. (Ords. 2007-28 § 9, 2004-45 § 3, 2001-06 § 2.) ORDINANCE NO. 2007-28 5 822-2.604 Processing. (a) An application.made pursuant to this chapter is considered to be a component of a; housing development application and will be processed pursuant to Section 26-2 of this code. (b) A housing development application-that contains a request for concessions or incentives must include the specific concessions or incentives requested. (c) A housing development application that contains a request for the waiver or.reduciion of existing development or zoning standards must include the specific standards requested to be waived or reduced. (d) Appeals from a decision to.deny a written proposal for concessions or incentives, or from a decision to deny a written proposal for the waiver or reduction of existing development or zoning standards, are governed by Article 26-2.24 of this code. A decision by the,County to.denyy a requested density bonus, incentive, or concession, or a decision by the County to deny a requested waiver.or reduction of existing development or zoning standards; may be appealed under Article 26-2.24. separately from an appeal on a housing development application. Judicial review of a final decision to deny a requested density bonus, incentive, or concession may be had in accordance with Government Code sectiori 65915(d)(3).. Judicial review of a final decision to deny a requested waiver or reduction of existing development or zoning standards may be had in accordance with Government Code section 65915(e). .(Ords..2007-28 § 9, 2004-45 § 3, 2001-06. § 2.) 822-2.606 Preliminary Application. (a) An applicant proposing a housing development pursuant to this chapter may submit a preliminary.application prior to.the submittal of any formal request for approval of a housing development. A preliminary application should include the following information: (1) A brief description of the.proposed housing development, including the total number of units,target units, and density bonus units proposed. .(2) The zoning and general plan designations and assessors parcel number(s)Iiof the project site. (3) A vicinity map.and preliminary site plan, drawn to scale, including building footprints,'preliminary elevations, driveway and parking layout. �! u (b) Applicants are encouraged to schedule a pre-application meeting with,the Director to discuss and identify potential application issues, including prospective concessions or incentives, or prospective waivers or reductions of existing development and zoning ORDINANCE NO. 2007-28 6 i; standards. (Ords. 2007-28 9,2004-45 § 3, 2001-06 §,2.) SECTION X. Section 822-2.1006 of the.County Ordinance Code is amended to read: ; 822-2.1006 Terms in Agreement. .The density bonus housing agreement shall include their following information: (a) The total number of units approved for the housing development, including the number of target units. (b) A description of the affordability and occupancy restrictions for the target units (i.e.,very low-income households, lower-income households, moderate income households;:'or qualifying residents), including the standards for determining the corresponding affordable rent or affordable sales price and housing cost. (c) The location, unit sizes (in square feet), and number of bedrooms of all units in the development, including the target units. (d) Term of use restrictions specified in section 822-2.410. • t (e) A schedule of completion and occupancy of all units in the development, includinIg the target units. (f) A description of all concessions or incentives. { (g) If applicable, tenure of use restrictions and attendance restrictions for child care facilities, in accordance with section 822-2.414(b). (h) A description of remedies for-breach of the agreement by either party. i. F (i) Other provisions to ensure implementation and compliance with this chapter. (Ords. 2007- 28 § 10, 2004-45. § 3,2001-06.§ 2.) SECTION XI. Section 822-2.1008 of the County Ordinance Code is amended to read: 822-2.1008 For Sale Housing Development Terms. In the case of for-sale housing developments, the density bonus housing agreement shall provide for the following terms governing the initial sale and use of target units during the applicable tenure of use restriction period: j. (a) Target units shall, upon initial sale,be sold at an affordable sales price and housing cost to eligible very low income households, lower income households, moderate income households, or qualified residents (i.e., maintained as senior citizen housing) as defined by this chapter. ORDINANCE NO. 2007-28 7 i (b) Target units shall be owner-occupied initially by eligible very low or lower income households, or by moderate income households in the case of common interest developments, or by qualified residents in the case of senior citizen housing. (c) The initial purchaser of each target unit shall execute an instrument or agreement in the form of a deed restriction approved by the director restricting the sale of the target unit in accordance with the provisions of this chapter during the applicable tenure of use restriction period. This deed restriction shall be recorded against the parcel containing the target unit and shall contain those provisions that the director may require to ensure continued compliance with this chapter and statutory.requirements and to put subsequent purchasers on notice of the conditions and terms during the applicable use restriction period. (d) In the case of common interest developments, the density bonus housing agreement shall include an equity-sharing agreement that complies with Government Code section 65915(c)(2). (Ords. 2007-28 §. 11, 2004-45. § 3, 2001-06 § 2.) SECTION XII. Section 822-4.418 of the County Ordinance Code.is amended to read: 822-4.418 Incentives. , (a) For any project where inclusionary units are required by this chapter, a developermay request a density bonus.for providing the required inclusionary units. The developer may request a density bonus in an amount equal to or less than 15.percent of the total units in the development, including the inclusionary units provided in the development. A developer who requests a density bonus for providing inclusionary units is entitled to a density bonus in the requested amount, up to.the maximum 15 percent. A developer is not entitled to any incentives or concessions under Chapter 822-2, except for incentives that may otherwise be granted pursuant to.subsection (c) of this section. (b) If a project includes moderate.income, lower income, very low income, or senior"housing units at levels beyond those required by this chapter, a developer may request a density bonus under Section 822-2.404 and may request incentives or concessions under,Section 822-2.408. If requested under this subsection, the density bonus to which a developer is entitled will be calculated in accordance with subsection (d) of Section 822-2.404. (c) The County maygrant one or more of the following affordable housing development incentives in order to mitigate the financial impact of this chapter's requirements;;on a particular residential development: (1) Fee deferrals or waivers. ' ORDINANCE NO. 2007-28 8 "i II (2) Provision of housing set-aside funds, tax exempt financing, or other financial assistance: (3) Modification of zoning or development standards. (Ords. 2007-28 § 12,.2006-43 § 2.) SECTION XIII. The title of Division 822 of the County Ordinance Code is amended to read: DIVISION 822 is AFFORDABLE HOUSING SECTION XIV. EFFECTIVE DATE. This ordinance becomes effective 30.days after passage, and within 15 days after passage shall be published once with the names of supervisors voting for and against it in the Contra Costd Times, a newspaper published in this County. PASSED on, 02LO b the following vote. y g � I AYES:-r1 —rL tr_ Ir ' NOES: Mwe ABSENT:jy o Es ABSTAIN:. ATTEST:. JOHN.CULLEN, Clerk of the Board of Supervisors Bo a an County Administrator By: o [SEAL] Deputy. i TLG: 11:12007\Community.Developmentldensity bonus ord-final2.ww?d I i i i b . P .i ii u ;I I: :i 4 ORDINANCE NO. 2007-28 9 i ORDINANCE NO. 2007-28 RESIDENTIAL DENSITY BONUS The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code): SECTION I. SUMMARY. This ordinance revises the County's Residential Density Bonus Ordinance to incorporate changes set forth in Government Code section 65915, which requires counties and cities to grant a density bonus and concessions or incentives for a housing development that meets certain requirements. This ordinance establishes when a densityy bonus is to be granted and how density bonuses are calculated, establishes a procedure for requesting incentives and concessions, establishes a procedure for appealing a decision not to grant a density bonus,incentive, or concession, and includes other provisions specifying how compliance with Government Code section 65915 is implemented in the County. SECTION II. .Section 822-2.206 of the County Ordinance Code is amended to read: 822-2.206 Definitions. As used in this chapter, the following terms have the following meanings: (a) "Affordable rent".means a rent, including a reasonable utility allowance as determined by the director, for rental target units that does not exceed the following calculations pursuant to Health and Safety Code section 50053: (1) Very.low income: 50 percent of the area median income (AMI) for Contra Costa County, adjusted for household size, multiplied by 30.percent and divided by 12. (2) Lower.income: 60.percent of the AMI for Contra Costa County, adjusted for household size, multiplied by 30 percent and divided by 12. (b) "Affordable sales price"means a sales price at which lower, very low, or moderate income households can qualify for the purchase of target units, taking into account available .financing, number of bedrooms and therefore, assumed household size, reasonable down payment, and affordable housing costs as defined in Health and Safety Code section 50052.5. The affordable sales price for lower income households must not exceed a price affordable to households whose income is at or below 70 percent AMI. The affordable sales price for very low income households must not exceed a price affordable to households whose income is at or below 50 percent AMI. .The affordable sales price for moderate income households must not exceed a price affordable to persons and families whose income is at.or below 110 percent AMI. (c) "Child care facility"has the meaning set forth in Government Code section 65915(1)(4). ORDINANCE NO. 2007-28 1 W) "Common interest development" has the meaning set forth in Civil Code section 1351. is (e) "Concession or incentive".has the meaning set forth in Govenunent Code section 659,15(1). (f) -"Density bonus".has the meaning set forth in Government Code section 65915(g). or "Density bonus housing agreement"means a legally binding agreement between a developer and the County to.ensure that the requirements of this chapter are satisfied and that establishes, among other things, the number, size, location, terms and conditions of affordability; and production schedule of target units. .F (h) "Density bonus units".means those residential units granted pursuant to the provision's of this chapter that exceed the otherwise,maximum residential density for the development site.. (i) "Development standard".has the meaning set forth in Government Code section 65915(0)(1). (j) "Director"means the Community Development Director. (k) "Housing cost".means the sum.of actual or projected monthly payments for all of the following associated with for-sale target units:.principal and interest on a mortgage loan, property taxes and assessments, fire and casualty insurance, and homeowner association fees. (1) "Housing development"means, pursuant to Government Code section 659150), new 11 construction, rehabilitation or conversion projects consisting of five or more residential units, including single family, and multifamily homes for sale or rent. . (m) "Lower income household"means a household whose income does not exceed.the lower income limits applicable to Contra Costa County, adjusted for household size, as published and periodically updated by the State Department of Housing and Community Development pursuant to Health and Safety Code Section 50079.5. N• (n) "Maximum allowable residential density"means, pursuant to Government Code section 65915(0)(2),the maximum number of residential units permitted by the County's General Plan Land Use Element and applicable zoning district at the time of application, apart from the provisions of this chapter. i (o) "Moderate income household".means persons and families whose income does not exceed the moderate income limits applicable to Contra.Costa County, adjusted for household size, as published and periodically updated by the State Department of Housing and Community Development pursuant to..Health and Safety Code Section 50093. The income limit for moderate income households in Contra Costa County is 120 percent of the area median income. �! ORDINANCE NO. 2007-28 �� is (p) "Non-restricted unit"means any unit within a housing development that is not a target unit. (q) "Qualifying resident"means a senior citizen or other person eligible to reside in senior citizen housing as defined in Civil Code section 51.3. ` (r) "Senior citizen housing development"has the meaning set forth in Civil Code Section 51.3. (s) "Target unit"means a dwelling unit within a housing development that is affordable to.and will be reserved for sale or rent to.very low income households, lower income households, moderate income households, or qualifying residents. (t) "Very low income household".means a household whose income does not exceed the very low income limits applicable to Contra Costa County adjusted for household size, as published and periodically,updated by the State Department of Housing and Community Development pursuant to Health and Safety Code section 50105. (Ords. 2007-28 §.2, 2004- 45.§ 3, 2001-06 § 2.) r SECTION III. Section 822-2.208.is added to.the County Ordinance Code,to read: 822-2.208 State law. If any provisions of this chapter are inconsistent with any provisions of Government Code section 65915, then the provisions of Government Code section 65915 shall prevail. All statutory references apply to the statute as now or hereafter amended. (Ords. 2007-28 § 3.) SECTION IV. Section 822-2.402 of the County Ordinance Code is amended to read: . �. 822-2.402 Inclusionary Unit Density Bonus. For any project where inclusionary units are required under.Chapter 822-4, a developer may request a density bonus for providing the required } inclusionary units. The developer may'request a density bonus in an.amount equal to or less than 15 percent of the total units in the development, including the inclusionary units provided in the development. A developer who requests a density bonus for providing inclusionary units is entitled to a density,bonus in the requested amount,up to the maximum 15 percent. A developer is�.not entitled to any incentives or concessions under Section 822-2.408, except for incentives that may otherwise.be granted pursuant to subsection (c) of section 822-4.418. (Ords. 2007-28 § 4, 2004-45 § 3, 2001-06.§ 2.) SECTION V. Section 822-2.404 is amended to read as follows: 822-2.404 Affordable Unit.Density Bonus.. !; (a) If a project includes moderate income, lower income, very low income, or senior housing units at levels beyond those required by Chapter 822-4, a developer may request a density ORDINANCE NO. 2007-28 3 y �1 bonus under this section and may,request incentives or concessions pursuant to Section 822- 2.408. (b) A project for which a density bonus is eligible under this section must meet at least one of the following criteria: . f . r (1) Ten percent of the total units of a housing development must be reserved for!lower income households. (2) Five percent of the'total units of a housing development must be reserved for::very low income households. (3) The housing development must be a senior citizen housing development, or a mobilehome park that limits residency based on age requirements for housing for older persons pursuant to-Civil Code section 798.76 or 799.5. (4) Ten percent of the total dwelling units in a common interest development must be reserved for persons and families of moderate income,provided that all units in the development are offered to the public for purchase. The percentages specified above exclude any inclusionary units, exclude any density bonus awarded under this section, and exclude any density bonus awarded under Section 822-2.402. (c) The County will grant a requested density bonus to a developer who agrees to construct a housing development that meets at least one of the criteria specified in subsection (b). The density bonus to which an applicant is entitled under this section will be calculated in accordance with Government Code section 65915(g), unless an applicant elects to •accept a lesser percentage of density bonus.. For purposes of calculating the amount of the density bonus under this section, the applicant who requests a density bonus must elect whether the bonus will be awarded on the basis of subparagraph (1), (2), (3), or(4) of subsection (b) of this section. (Ords:,2007=28 § 5, 2004-45 § 3, 2001-06.§ 2.) SECTION VI. Section 822-2.406 of the County Ordinance Code is amended to.read as follows: 822-2..406 Land Donation Density Bonus. When an applicant for a tentative subdivision,map, parcel map, or other.residential development approval donates land as provided for.in Government Code section 65915(h), the applicant shall be entitled to a density bonus in accordance with Government Code section 65915(h). (Ords. 2007-28 § 6, 2004-45 § 3, 2001-06. § 2.) SECTION VII. Section 822-2.408 of the County Ordinance Code is amended to read: 822-2.408 Incentives and Concessions. The incentives or concessions to.which an applicant is entitled shall be determined.in accordance with Government Code section 65915(d)(2). (Ords. ORDINANCE NO. 2007-28 4 i'. 2007-28.§ 7, 2004-45 §.3, 2001-06 § 2.) SECTION VIII. Section 822-2.410 of the County Ordinance Code is arnended to.read: 822-2.410 Time Periods.of Affordability. (a) Low-income and very-low-income target units shall remain restricted and affordable;to the designated group for.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, in accordance with Government Code section 65915(c)(1).. i (b) The.moderate-income units that are directly related to the receipt of the density bonus in a common interest development shall comply with the.requirements of Government Code section 65915(c)(2). (Ords. 2007-28 § 8, 2004- § 3, 2001-06. § 2.) SECTION IX. Article 822-2.6 of the County Ordinance Code is amended to.read:. Article 822-2.6 Review 822-2.602 Applications. (a) An applicant may submit a written proposal for the specific concessions or incentives that the.applicant requests. The County will grant the concession or incentive requested by the applicant unless the County makes a written finding pursuant to Government Code section 65915(d).. (b) If existing development or zoning standards, including but not limited to such items as minimum lot size, side yard setbacks, and placement of public works improvements, would otherwise inhibit the utilization of a density bonus on a specific site, an applicant may submit a written proposal for the waiver or reduction of those standards. .A written proposal under this subsection must show that the waiver or modification is necessary to make the housing development economically feasible as provided in subsections (e) and (f) of Government Code section 65915. For purposes of this chapter, any waiver or modification to the requirements of the involved zoning district shall not be considered a variance. The County is not required to waive or reduce development standards if, pursuant to Government Code section 65915(e), the waiver or reduction would have a specific adverse impact upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverseimpact. (Ords. 2007-28 § 9, 2004-45 § 3, 2001-06 § 2.) ` ORDINANCE NO. 2007-28 5 i 822-2.604 Processing. . (a) An application made pursuant to this chapter is considered to be a component of a housing development application and will be processed pursuant to.Section 26-2 of this code. (b) A housing development application that contains a request for concessions or incentives must include the specific concessions or incentives requested. ' (c) A housing development application that contains a request for the waiver or reduction of existing development or zoning standards must include.the specific standards requested to be waived or reduced. (d) Appeals from a decision to deny a written proposal for concessions or incentives, q'r from a decision to deny a written proposal for the waiver or.reduction of existing development or zoning standards, are governed by Article 26-2.24 of this code. A decision by the ,County to deny a requested density bonus, incentive, or concession, or a decision by the County to deny a requested waiver or reduction of existing development or zoning standards,,'may be appealed under Article 26-2.24.separately from an appeal on a housing development application. Judicial review of a final decision to deny a requested density bonus, incentive, or concession may be had in accordance with Government Code section- 65915(d)(3). .Judicial review.of a final decision to deny a requested waiver or reduction of existing development or zoning standards may be had in accordance with Government Code section 65915(e). (Ords. 2007-28 § 9, 2004-45 § 3, 2001-06. § 2.) 822-2.606 Preliminary Application. (a) An applicant proposing a housing development pursuant to this.chapter may submit a preliminary application prior to.the submittal of any formal request for approval of a housing development.. A preliminary.application should include the following information: (1) A brief description of the proposed housing development, including the total number of units, target units, and density bonus units proposed. (2) The zoning and general plan designations and assessors parcel number(s) of the project site. (3) A vicinity map and preliminary site plan, drawn to scale, including building footprints,preliminary elevations, driveway and parking layout. (b) Applicants are encouraged to.schedule a pre-application meeting with the Director to discuss and identify potential application issues, including prospective concessions or incentives, or prospective waivers or reductions of existing development and zoning ORDINANCE NO. 2007-28 6 i standards. (Ords. 2007-28 § 9, 2004-45 § 3, 2001-06 2.) SECTION X. Section 822-2.1006 of the.County Ordinance Code.is amended to read: 822-2.1006 Terms in Agreement. .The density bonus housing agreement shall include the following information: i (a) The total number of units approved for the housing development, including the number of target units. y (b) A description of the affordability.and occupancy restrictions for the target units (i.e`.,very low-income households, lower-income households, moderate income households,or qualifying residents), including the standards for determining the corresponding affordable rent or affordable sales price and-housing cost. (c) The location, unit sizes (in square feet), and number of bedrooms of all units in the development, including the target units. (d) Term of use restrictions specified in section 822-2.410. (e) A schedule of completion and occupancy of all units in the development, including the target units. (f) A description of all concessions or incentives. (g) If applicable, tenure of use restrictions and attendance restrictions for child care facilities, in accordance with section 822-2.414(b). (h) A description of remedies for breach of the agreement by either party. (i) Other provisions to.ensure implementation and compliance with this chapter..(Orris. 2007- 28.§ 10, 2004-45 § 3, 2001-06.§:2.) SECTION XI. Section 822-2.1008 of the County.Ordinance Code is amended to read: i 822-2.1008 For Sale Housing Development Terms. In the case of for-sale housing developments, the density bonus housing agreement shall provide for the following terms governing the in sale and use of target units during the applicable tenure of use restriction period: (a) Target units shall, upon initial sale, be sold at an affordable sales price and housi.rig cost to eligible very low income households, lower income households, moderate income households, or qualified residents (i.e., maintained as senior citizen housing) as defined by this chapter. ORDINANCE NO. 2007-28 . 7 4 i i (b) Target units shall be owner-occupied initially by eligible very low or lower income.; households, or by moderate income households in the case of common interest developments, or by qualified residents irrthe case of senior citizen housing. (c) The initial purchaser of each target unit shall execute an instrument or agreement id the form of a deed restriction approved by the director restricting the sale of the target unit in accordance with the'provisions of this chapter during the applicable tenure of use restriction period. .This deed restriction shall be recorded against the parcel containing the target unit and shall contain those provisions that the director may require to ensure continued compliance with this chapter and statutory requirements and to put subsequent purchasers on notice of the conditions and terms during the applicable use restriction period. (d) In the case of common interest developments, the density bonus housing agreement shall include an equity-sharing agreement that complies with Government Code section; 65915(c)(2). (Ords. 2007-28 § 11, 2004-45. § 3, 2001-06 § 2.) SECTION XII. Section 822-4.418 of the�County Ordinance Code is amended to read: 822-4.418 Incentives. (a) For any project where inclusionary units are required by this chapter, a developer may request a density bonus for providing the required inclusionary units. The developer may request a density bonus in an amount equal to or less than 15 percent of.the total units in the development, including the inclusionary units provided in the development. A developer who requests a density bonus for providing inclusionary units is entitled to a density bonus in the requested amount, up to the maximum 15 percent. A developer is not entitled to any incentives or concessions under Chapter 822-2, except for incentives that may otherwise be granted pursuant to subsection (c) of this.section. ,, (b) If a project includes moderate income, lower income, very low income, or senior housing units at levels beyond those required by this chapter, a developer may request a density bonus under Section 822-2.404 and may request incentives or concessions under section 822-2.408. If requested under this subsection, the density bonus to which a developer is entitled will be calculated in accordance with subsection(d) of Section 822-2.404. (c) The County may grant one or more of the following affordable housing development incentives in order to mitigate the financial impact of this chapter's requirements on a particular residential development: (1) Fee deferrals or waivers. ORDINANCE NO. 2007-28 8 ;' 4 I• i (2) Provision of housing set-aside fiends, tax exempt financing, or other financial assistance. ; (3). Modification of zoning or development standards. (Ords. 2007-28 § 12, 2006-43 2.) it SECTION XIII. The title of Division 822 of the County Ordinance Code is.amended,to read: Y DIVISION 822 AFFORDABLE HOUSING SECTION XIV. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days after passage shall be published once with the names of supervisors voting for and against it in the Contra Costa.Times, a newspaper published in this County. PASSED on c2DO -,by the following vote. AYES:.r NOES: Mwe ABSENT:i4 a k Ea ABSTAIN: ATTEST:. JOHN CULLEN, Clerk of the Board of Supervisors Bo a and County Administrator By: 0 SEAL Y [SEAL] Deputy. TLG: H:\2007\Community DevelopmenNensity bonus ord-fina12.wpd ' 4 C ii ORDINANCE NO. 2007-28 9 I. SECOND ADDENDUM is to the i NEGATIVE DECLARATION ADOPTED FOR THE RESIDENTIAL DENSITY BONUS ORDINANCE County File #ZT06-0005 Prepared.by: Maureen Toms, AICP, Principal Planner Contra Costa County Community Development Department i 2530 Arnold Drive, Suite 190 Martinez, CA 94553-4897 April 25, 2007 is Approved by: Maureen Toms, Principal Planner Printed Name Zpo l . Date u l ADDENDUM to the NEGATIVE DECLARATION ADOPTED FOR THE RESIDENTIAL DENSITY.BONUS ORDINANCE County File #ZT06-000.5 . II I� I PREFACE �! The Negative Declaration (adopted March 13, 2001) evaluated the proposed Density Bonus Ordinance, which involved the adoption of a Residential Density Bonus Ordinance (Density Bonus Ordinance) for the unincorporated area of Contra Costa County. State density bonus law requires the provision of incentives for the production of affordable housing for very-low income,'.lower-income and senior households. Revisions to State law which became effective on September 30, 2004, include the provision of (1) one;density bonus and incentives or concessions ten percent of the total. units of a housing development for lower-income households; five percent of the total units of a housing development for very low income households; a senior citizen.housing development, or a mobile home park that limits residency based on age requirements for housing older persons; or ten percent of the total dwelling units in a common interest development for persons and families of moderate income; (2)the density bonus calculations methodology; .(3) entitlements to a density bonus when a developer donates land for the construction of very-low income units; and (4) the appeal process of a decision by the County to deny a requested density bonus, incentive, or concession, or to deny a requested waiver or reduction of existing development or zoning standards. The Density Bonus Ordinance has been drafted to be fully consistent with State law; it does not include requirements or restrictions beyond those specified in the law. The Ordinance refers to the relevant portion of the State law rather than repeat the statutory language for two reasons: 1)the statutory language in places is lengthy and cumbersome; and 2) State law changes frequently and a reference to the statute allows the revised Density Bonus Ordinance to be kept current. The Ordinance applies to the residentially zoned districts of the unincorporated areas of the County only. I. The First Addendum, dated January 1, 2003, included the..provision of (1) concessions and/or incentives, unless the County makes certain findings; (2) a density bonus for condominium units; (3) affordability restrictions of 10 years for condominium projects and 30 years for all other housing developments; and (4) density credit for childcare facilities. This document serves as the Second Addendum to the Neqative Declaration for the Density Bonus Ordinance (County File #ZT01-0002). Consequently,' the Negative Declaration for the project consists of the Negative.Declaration, Addendum 1 and this Addendum (Addendum 2) (County File #ZT06-0005). 2 The Contra Costa Community Development Department (CDD) is the lead agency'for the project, and on March -13, 2001, the Board of Supervisors adopted the Density!!Bonus Ordinance and filed a Notice of Determination with the County Clerk. Thel; Board determined that the project would not have a significant effect on the environment CEQA PROCESS r The California Environmental Quality Act (CEQA) Guidelines Section 15164 prescribes that an Addendum to a previously adopted Negative Declaration shall be prepared by eitherthe lead agency or the responsible agency if some minor technical changes or additions are necessary but none of the conditions described in CEQA Guidelines Section 15162 have occurred: 1. No substantial changes have occurred which will introduce new significant environmental effects not previously considered or a substantial increase-in the severity of,previously identified significant effects; i 2. No substantial changes to the conditions or circumstances in the area affected by the'project have occurred; or. 3. No new information of substantial importance shows that significant impacts previously examined will be substantially more severe than shown in the previous Negative. Declaration or the project will have one or more significant effects not previously discussed. In addition, there is no new information showing that mitigation measures or project alternatives which were previously.determined to be infeasible would actually be feasible and would substantially reduce significant effects of the project, and there is no such new information suggesting that new . mitigation measures or alternatives which are .considerably different from those analyzed in the previous ,,Negative Declaration would substantially reduce one or more. significant effects on the environment. In accordance with CEQA Guidelines Section 15164(d), the County Board of Supervisors shall.consider Addendum#2 along with the Negative Declaration and Addendum# 1 prior to making a decision on the project. According to CEQA Guidelines Section 15164 (c) an Addendum does not require circulation for public review but can be included in or attached to the Negative Declaration. As noted in the Preface, Addendum # 2 is attached to the Negative Declaration and Addendum # 1 for the Density Bonus Ordinance (County File #ZT01-0002). EXPLANATION OF ADDENDUM i The Second Addendum to the Negative Declaration for the Density Bonus Ordinance identifies revisions to the Residential Density Bonus Ordinance(Density Bonus Ordinance), Jii 3 u including the provision of(1) one density bonus and incentives or concessions ten percent of the total units of a housing development for lower income households;five percent of the total units of a housing development for,very low income households; a senior citizen housing development, .or a mobile home park that limits residency based on age requirements for housing older persons; or ten percent of the total dwelling units in a common interest development for persons and families of moderate income; (2)thedensity bonus calculations methodology, (3) entitlements to a density bonus when a developer donates land for the construction of very-low income units; and (4)the appeal process of a decision by the County to deny a requested density bonus; incentive, or concession, or to deny a requested waiver or reduction of existing development or zoning standards. The Second Addendum is consistent with County policies and does not lead directly or indirectly to significant physical changes in the project, nor does it alter the adequacy or the completeness of the environmental impacts identified . in. the Negative Declaration. Therefore, the Addendum to the Negative.Declaration is appropriate. ADDITION TO THE NEGATIVE DECLARATION This section identifies the language which is added/or changed(boldface type) or;'deleted (�.+r�Ft) to the text and figures of the-Negative Declaration: p. 1 , item 8. Proiect Description: : The proposed project involves the adoption of a Residential Density Bonus Ordinance pursuant to California Government Code 65,915,as ..d ..f feefiye 1.,......,... 1 2004 � p. 14, item XII. POLULATION AND HOUSING, SUMMARY, Paragraph 2: State lbensity Bonus Law offers a land use based option to facilitate the economic feasibility of affordable housing development, including development that incorporates on-site childcare asI'well as or a mobile home park that limits residency based on age requirements for Housing older persons. Housing development eligible for density bonus... 4 �i Attachment D ADDENDUM to the NEGGATIVJE DECLARATION ADOPTED FOR THE RESIDENTIAL. DENSITY BONUS ORDINANCE County File #ZT01-0002 and.ZT04-0-001 �. Prepared by: Maureen Toms; AICP, Principal Planner Contra Costa County Community Development Department 651 Pine Street Martinez, CA 94553-4897 July 19, 2004 Approved by: Maureen Toms, Principal Planner:': Printed Name July 19. 2004 I� Date r.' i' ii l• ADDENDUM to the NEGATIVE DECLARATION ADOPTED FOR THE RESIDENTIAL DENSITY BONUS ORDINANCE . County File #Z_T01-0002 and ZT04-0001 PREFACE The Negative Declaration evaluated the proposed. Density Bonus Ordinance,, which involved the adoption of a Residential Density Bonus Ordinance (Density; Bonus Ordinance) for the unincorporated area of Contra Costa County. State density bonus law requires the.provision of incentives.for the production of affordable housing for very-low income, .lower-income and.senior households. Revisions which became effective on January 1 , 2003,.include the provision of (1) concessions and/or incentives, unless the County makes certain findings; (2)a density bonus for condominium units; (3) affo,�rdability restrictions of 10 years for condominium projects and 30 years for all other housing developments; and (4)density credit for childcare facilities..The proposed Density Bonus Ordinance has been drafted to be fully consistent with State law; it does notil include requirements or restrictions beyond those specified in the law. The Ordinance applies to the residentially zoned districts of the unincorporated areas of the County only. This document serves as the Addendum to the Negative Declaration for thei Density Bonus Ordinance (County File #ZT01-0002). Consequently, the Negative Declaration for the project consists of the Negative Declaration and this Addendum. The Contra Costa Community Development Department (CDD) is the lead agency for the project, and on March 13, 2001, the Board of Supervisors adopted the Density Bonus Ordinance and filed a Notice of Determination with the County Clerk. TheBoard determined that the project would not have a significant effect on the environment CEQA PROCESS i The California Environmental Quality Act (CEQA) prescribes that an Addendum (CEQA Guidelines Section 15164)to a previously adopted Negative Declaration shall be iprepared by either the lead agency or the responsible agency if some minor technical changes or additions are necessary but none of the conditions described in.CEQA Guidelines Section 15162 have occurred: 1. No substantial changes have occurred which will introduce new significant environmental effects not previously considered or a substantial increase in the severity of previously identified significant effects; 2.' No substantial changes to the conditions or circumstances in the. area affected by the project have occurred; or 3. No new information of substantial importance shows that significant impacts previously examined will be substantially more severe than shown in the previous Negative Declaration or the project will have one or 'more significant effects not previously discussed. In addition, there is no new .information showing that mitigation measures or project alternatives which were previously determined to be infeasible would actually be feasible and would substantially reduce significant effects of the project, and there,is no such new information suggesting that new mitigation measures or alternatives which are considerably different from those analyzed in the previous :Negative Declaration would substantially reduce one or llmore significant effects on the environment. In accordance with CEQA Guidelines.Section 15164(d), the''County Board of Supervisors shall consider Addendum along with the Negative Declaration prior to making a decision on the project: Accordirig to CEQA Guidelines Section 15164 (c) an Addendum does not require circulation for public review but can be included in or attached to the Negative Declaration. As, noted in the Preface, the Addendum is attached to the Negative Declaration for the Density Bonus Ordinance (County File #ZT01-0002). !' EXPLANATION OF ADDENDUM The.Addendum to the Negative Declaration for the Density Bonus Ordinance identifies revisions to the Residential Density Bonus Ordinance (Density Bonus Ordinance), including the provision of (1) concessions and/or incentives, unless the County makes certain findings; (2) a density bonus.for condominium units; (3) affordability restrictions of 10 years for condominium projects and 30 years for all.other housing developments; and (4)density credit for childcare facilities. `! The Addendum is consistent with County policies and does not lead directly or indirectly to significant physical changesin the project, nor. does ,it alter the adequacy pr the completeness of the environmental impacts identified in the Negative Declaration. Therefore, the Addendum to the Negative Declaration is appropriate.. ADDITION TO THE NEGATIVE DECLARATION This section identifies the language which is added/or changed (boldface type)or��eleted (st4keeut)to the text and figures of the Negative Declaration: p. 1, item 8. Project Description: The proposed project involves the adoption of a 3 II Residential Density Bonus Ordinance pursuant to California Government Code 65915, as revised, effective January 1, 2003. p.11112, item IX. LAND USE AND PLANNING, SUMMARY, Paragraph 2: State Density Bonus Law offers a.land use based option to facilitate the economic feasibility of affordable housing development. The Law states, "The granting of a density bonus shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval". Housing developments eligible for a density bonus andfor incentive are those developments that meet all statutory and County Ordinance Code requirements. .... p. 14,.item XII. POLULATION AND HOUSING, SUMMARY, Paragraph 2: State Density Bonus Law offers a land use based option to facilitate the economic feasibility of affordable housing development, including development that incorporates on-site childcare. 4 Environmental Checklist Form 1. Project Title: Residential Density Bonus.Ordinance 2. Lead Agency Name.and Address: Contra Costa County Community Development Department 651 Pine Street,North Wing-4th Floor Martinez, CA 94553 3. Contact Person and Phone Number: Kara Douglas (925) 335-1253 4. Project Location: Unincorporated areas of Contra Costa County 5. Project Sponsor's Name and Address: Contra Costa County Community Development Department 651 Pine Street,North Wing-4th Floor Martinez, CA 94553 6. General Plan Designation: SFR, MFR, mixed-use 7. Zoning: Residential, F-1,P-1, T-1 8. Description of Project: The proposed project involves the adoption of a Residential Density Bonus Ordinance pursuant to California Government Code Section 65915. 9. Surrounding Land Uses and Setting: N/A 10. Other public agencies whose approval is required (e.g.,permits, financing approval, or participation agreement): None ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project,involving at.least one impact that is a"Potentially Significant Impact" as indicated by the checklist on the following pages. Land Use and Planning Transportation/ _ Public Services Population &Housing Circulation _ Utilities & Service Geological Problems _ Biological Resources Systems Water _ Energy & Mineral _ Aesthetics Air Quality Resources _ Cultural Resources Mandatory Findings of _ Hazards Recreation Significance _ Noise ✓ No new Potentially Significant Impacts Identified • II DETERMINATION On the basis of this initial evaluation: ✓ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environinent,there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. ,A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the-proposed project MAY have.a significant effect(s)on the environment,but at least one. effect(1)has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required,but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have.a significant effect on the environment,,there WILL NOT be a significant effect in this case because all potentially significant effects(a)have been analyzed adequately in an earlier EIR pursuant to applicable standards and(b)have been avoided or . mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. December 4. 2000 Signature Date Kara Douilas CCC Communitv Development Department Prepared By For Signature Maureen Toms Approved By 2 SOURCES In the process of preparing the Checklist and conducting the evaluation,the following.references(which are available for review at the Contra Costa County Community Development Department, 651 Pine Street 5th Floor-North Wing, Martinez).were consulted: 1. The(Reconsolidated)County General Plan(July 1996)and EIR on the General Plan(January 1991) 2. General Plan and Zoning Maps 3. California Government Code Section 65915 (de_n_sitybonus law) 4. Draft.Resi denti al Density Bonus Ordinance I i; EVALUATION OF ENVIRONMENTAL IMPACTS: Potentially significant it Impact, Potentially unless Less than significant Mitigation Significant Impact Incorporated Impact No Impact I. AESTHETICS. Would the proposal: l a. Have a substantial adverse effect on a scenic ii ✓ vista? (Source 1-4) b. Substantially damage scenic resources, ✓ including, but not limited to, trees, rock outcroppings, and'historic buildings within a I' I' state scenic highway? (Source 1-4) I! C. Substantially degrade the existing visual ✓ character or quality of the site and its . surroundings? (Source.1-4) d. Create a new source of-substantial light or ✓ glare which would adversely affect day or nighttime views in the area? (Source 1-4) ' I SUMMARY !. I Adopting the Residential Density Bonus Ordinance will not result in any impacts..to aesthetic resources. All future projects seeking a density bonus will be subject to project specific CEQA review.That CEQAI analysis will determine if there are any impacts to aesthetic resources resulting from the development of the specific project. The-Residential Density Bonus Ordinance brings the County into compliance with State density bonus law. Although the County does not have an adopted density bonus ordinance,the density bonus policy currently in effect has been used to guide the County in implementing State density bonus law and;Program 2.6 of the Housing Element of the General Plan. I! i; . I i i. . ii Potentially . significant Impact, Potentially Unless Less than significant Mitigation Significant Impact Incorporated Impact No Impact II. AGRICULTURAL RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of-Conservation as an optional model to use in assessing impacts on agricultural and farmland. Would the project: a. Convert Prime Farmland,Unique Farmland or ✓ Farmland or Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to.non-agricultural use? (Source 1-4) b. Conflict with existing zoning for agricultural ✓ use,or a Williamson Act contract?(Source 1- 4) C. Involve other changes in the existing ✓ environment which, due to their location or nature, could result inconversion of Farmland,to non-agricultural use?(Source 1- 4). SUMMARY: Adopting the Residential Density Bonus Ordinance will not result in any impacts to agricultural resources. All future projects seeking a density bonus will be subject to project specific CEQA- review.That CEQA analysis will determine if there are any impacts to agricultural resources resulting from the development of the specific project. The Residential Density Bonus Ordinance brings the County into compliance with State density bonus law. Although the County does not have an adopted density bonus ordinance, the density bonus policy currently in effect has been used to guide the County in implementing State density bonus law and Program 2.6 of the Housing Element of the General Plan. The Residential Density Bonus Ordinance does not apply to parcels in the agricultural Zoning District or an agricultural General Plan designation. 4 i. Potentially significant Impact, Potentially Unless Less than significant Mitigation Significant Impact Incorporated Impact No Impact I.II. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a. Conflict with or obstruct implementation of _ ✓ the applicable air quality plan (Source: 1-4) b. Violate any air quality standard or contribute . _ ✓ to an existing or projected air quality violation? (Source 1-4) C. Result in a cumulatively considerable net ✓ increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard(including releasing emissions which exceed quantitative thresholds for ozone precursors)? (Source 1-4) d. Expose sensitive .receptors to substantial ✓ pollutant concentrations? (Source 1-4) e. Create objectionable odors affecting a _ ✓ substantial number of people? (Source 1-4) SUMMARY Adopting the Residential Density Bonus Ordinance will not result in any impacts to air quality. All future projects seeking a density bonus will be subject to project specific CEQA review.That CEQA analysis will determine if there are any impacts to air quality resulting from the development of the specific project.The Residential Density Bonus Ordinance brings the County into compliance with. State density bonus law. Although the County does not have an adopted density bonus ordinance,the density bonus policy currently in effect has been used to guide the County in implementing State density bonus law and Program 2.6 of the Housing Element of the General Plan. . 5 Potentially . significant Impact, Potentially Unless Less than significant Mitigation Significant Impact Incorporated Impact No Impact IV. BIOLOGICAL RESOURCES. Would the project: a. Have .a substantial adverse effect, either ✓ directly or through habitat modifications, on any species identified as a candidate, . sensitive, or special status species in local or regional plans,polices, or regulations, or by the California Department of Fish and Game or U.S.Fish and Wildlife Service?(Source 1- 4) b. Have a substantial. adverse effect on any _ ✓ riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service?(Source 1-4) C. Have a substantial adverse effect on federally ✓ protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption,or other means? (Source 1-4) d. Interfere substantially with the movement of ✓ any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the. use of native wildlife nursery sites? (Source 1-4) e. Conflict with any local policies or ordinances ✓. protecting biological resources, such as.tree preservation policy or ordinance? (Source 1- 4) f. Conflict with any local policies or ordinances ✓ protecting biological resources, such as tree preservation policy or ordinance? (Source 1— ' 4) SUMMARY: Adopting the Residential Density Bonus Ordinance will not result in any impacts to biological resources. All future projects seeking a density bonus will be subject to project specific CEQA review.That CEQA.analysis will analyze any impacts to biological resources resulting from the development of the specific project and recommend mitigation measures if needed. The Residential Density Bonus Ordinance brings the County into compliance with State density bonus law.. Although the County does not have an adopted density bonus ordinance,the density bonus policy currently in effect has been used to guidc the County in implementing State density bonus law and Program 2.6 of the Housing Element of the General 6 Plan. Housing developments that are eligible for a density bonus are those developments that meet all statutory and County Ordinance requirements. Potentially significant Impact, -Potentially Unless Less than significant Mitigation Significant Impact Incorporated Impact No Impact V. CULTURAL RESOURCES. Would the project: a. Cause a substantial adverse change in the ✓ significance of a historical resource as defined in §15064.5? (Source 1-4) b. Cause a substantial adverse change in the . _ ✓ significance of an archaeological.resource pursuant to §15064.5? (Source 1-4) C. Directly or indirectly destroy a unique ✓ paleontological resource or site or unique geologic feature? (Source 1-4) d. Disturb any human remains, including those ✓ interred outside of formal cemeteries? (Source 1-1) SUMMARY: Adopting the Residential Density Bonus Ordinance will not result in any impacts t6 cultural resources. All future projects seeking a density bonus will be subject to project specific.CEQA review.That CEQA analysis will determine if there are any impacts to cultural resources resulting from the development of the specific project.The Residential Density Bonus Ordinance brings the County into compliance with State density bonus law. Although the County does not have an adopted density bonus ordinance, the density bonus policy currently in effect has been used to guide the County in implementing State density bonus law and Program 2.6 of the Housing Element of the General Plan. Potentially significant 'Impact, Potentially Unless Less than significant Mitigation Significant Impact Incorporated Impact No Impact Vl. GEOLOGY AND SOILS -Would the project? a. Expose people or structures to potential ✓ substantial adverse effects, including the risk of loss, injury, or death involving: 1. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known ' 7 fault? Refer.to Division of Mines and Geology Special Publication 42. (Source 1--4) 2. Strong seismic ground shaking? (Source 1-4) 3. Seismic-related ground failure, including liquefaction? (Source 1-4) 4. Landslides?(Source 1-4) b: Result in substantial soil erosion or the loss of _ ✓ topsoil? (Source 1-4) C. Be«located on a geologic unit or soil that is ✓ unstable, or that would become unstable as a result of the project, and potentially result in on-or off-site landslide, lateral spreading, subsidence,liquefaction or collapse? (Source 1-4) d. Be located on expansive soil, as defined.in ✓ Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? (Source 1-4) e. Have soils incapable of adequately supporting ✓ the use of septic tanks or alternative waste disposal systems where sewers are not available for the disposal of waste water? (Source 1-4) SUMMARY Adopting the Residential Density Bonus Ordinance will not result in any impacts to geology or soils. All future projects seeking a density bonus will be subject to project specific CEQA review including soils reports if warranted. That CEQA analysis will determine if there are any geological or soils impacts resulting from the development of the specific project and reconunend mitigation measures if needed. The Residential Density Bonus Ordinance brings the County into compliance with State density bonus law. Although the County does not have an adopted density bonus ordinance,the density bonus policy currently in effect has been used to guide the County in implementing State density bonus law and Program 2.6 of the Housing Element of the General Plan. Potentially significant Impact, Potentially Unless Less than significant Mitigation Significant Impact Incorporated Impact No Impact VII. HAZARDS AND HAZARDOUS MATERIALS- Would the project: a. Create a significant hazard to the public or the 4 ✓ envirorunent through the routine transport, use, or disposal of hazardous materials? (Source 1-4) b. Create a significant hazard to the public or ✓ s the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? (Source 1-4) C. Emit hazardous emissions or . handle ✓ hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school?(Source 1- 4) d. Be located on a site which is included on a ✓ list of hazardous materials. sites compiled pursuant to Government code Section 65862.5 and, as a result, would it create a significant hazard to the public or the environment? (Source 1-4) e. For a project located within an airport land ✓ use plan or, where such a plan has not been adopted, within two.miles of a public airport or public use airport,would the project result in a safety hazard for people residing or working in the project area. f. For a project within the vicinity of a private ✓ airstrip,would the project result in a safety. hazard for people residing or working in the project area? g. Impair implementation of or physically ✓-. interfere with an adopted emergency response plan or emergency evacuation plan? (Source 1-4) h. Expose people or structures to a significant ✓ risk of loss' injury or death involving wildland fires,including where wildlands are adjacent to . urbanized areas or where residences are intermixed with wildlands? (Source 1--4) SUMMARY: Adopting the Residential Density Bonus Ordinance will not result in any impacts to,hazards or hazardous materials.All future projects seeking a density bonus will:be subject to project specific CEQA review.That CEQA analysis will determine if there are any hazards or hazardous materials impacts resulting from the development of the specific project. The Residential Density Bonus Ordinance brings the County into compliance with State density bonus law. Although the County does not have an adopted density bonus ordinance,the density bonus policy currently'in effect has been used to guide the County in implementing State density bonus law and Program 2.6 of the Housing Element of the General Plan. 9 Potentially significant Impact, Potentially Unless Less than significant Mitigation Significant Impact Incorporated Impact No Impact VIII. HYDROLOGY AND WATER QUALITY- Would the project: a. Violate any water quality standards or waste �; ✓ discharge requirements? (Source 1-4) j b. Substantialiy:deplete groundwater supplies or _ I. interfere substantially with groundwater i. recharge such that there would be a net deficit in aquifer volume or a lowering of the local i! groundwater table level (e.g., the'production rate of pre-existing nearby wells would drop to a level which would not.support existing land uses or planned uses.for which permits have been granted)? (Source 1-4) c. Substantially alter the . existing drainage ✓ pattern of the site or area, including through �! the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on-or off-site? (Source 1-4) d. Substantially. alter the existing drainage ✓ pattern of the.site or area, including through the alteration of thecourse of a stream or river, or substantially increase the rate or. amount of surface runoff in a manner which would result in flooding on- or off-site? (Source 1-4) e. Create or contribute runoff water which ✓ would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? (Source 1-4) f. Otherwise substantially degrade water ✓ .quality? (Source lel') g., Place housing within a 100-year flood hazard ✓ area as mapped on a federal Flood Hazard Boundary -or Flood Insurance Rate Map or other flood hazard delineation map? (Source j 1-4) h. Place within a 100-year flood hazard area ✓ structures which would impede or redirect flood flows? (Source 1-4) 'i i. ,:Expose'people or structures to a significant �; ✓ risk of loss, injury or death involving flooding,including flooding as a result of the failure of a levee or dam? (Source 1-4)' 10 r j. Inundation by seiche, tsunami, or mudflow? ✓ (Source 1-4) SUMMARY Adopting the Residential Density Bonus Ordinance will not result in any impacts to hydrology or water.quality.All projects seeking a density bonus will be subject to.project specific CEQA review.That CEQA analysis will determine if there areany impacts to water quality or hydrology resulting from the development of the specific pfQject and recommend mitigation measures if needed.The Residential Density Bonus Ordinance brings the County into compliance with State density bonus law. Although the County does not have an adopted density bonus ordinance,the densitybonus policy currently in effect has been.'usedto guide the County in implementing State density bonus law and Program 2.6 of the Housing Element of the General Plan. ) Potentially significant Impact, Potentially Unless Less than significant Mitigation Significant Impact Incorporated Impact. No Impact IX. LAND USE AND PLANNING ., Would the project: a. Physically divide an established community? _ ✓ (Source 1-4) b. Conflict with any applicable land use plan, _ ✓ _ policy, or regulation of an agency with . jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? (Source 1-4) C, Conflict with any applicable habitat �I ✓ conservation plan or natural community i conservation plan? (Source 1-4) SUMMARY: Adopting the Residential Density Bonus Ordinance will not result in any significant impacts to land use orplanning. All future projects,seeking a density bonus will be subject to project specific CEQA review.That CEQA analysis will determine if there are any land use or planning impacts resultingffrom the development of the specific project. The,Residential Density Bonus Ordinance brings the County into compliance with State density bonus law. Although the County does not have anadopted density bonus ordinance,the density bonus policy currently in effect has been used to guide the County in implementing State density bonus law and Program 2.6.of the Housing Element of the General Plan.The Housing Element sets forth and expands upon County policies for residential.land uses as defined and described inithe Land Use Element of the General Plan.. State Density Bonus Law offers a land-use based option to facilitate the economic feasibility of affordable . housing development. The Law states "The granting of a density bonus,shall not be interpreted,ldn and of ;i 11 J, i itself, to require a general plan amendment, zoning change; or other. discretionary approval." Housing developments eligible for a density bonus are those developments that meet all statutory and County Ordinance Code requirements, including Chapter 26-2, for project approval,apart from density„ bonus considerations. The State density bonus law and the proposed County Ordinance do not require a housing development be approved solely because a project complies with density bonus requirements.Discretionary approvals pursuant to County Code will still be required for projects requesting a density bonus. Potentially significant Impact, Potentially Unless Less than significant Mitigation Significant Impact Incorporated Impact No Impact X. MINERAL RESOURCES . Would the project: a. Result in the loss of availability of a known ✓ mineral resource that would be of value to the region and the residents of the state?(Source 1-4) b. Result in the loss of availability of a locally- _ ✓ important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (Source 1-4) SUMMARY Adopting the Residential Density Bonus Ordinance will not result in any impacts to:mineral resources. All future projects seeking a density bonus will be subject to project specific CEQA review.That CEQA analysis will determine if there are any impacts to mineral resources resulting from the development of the specific project.The Residential Density Bonus Ordinance brings the County into compliance with State density bonus law. Although the County does not have an adopted density bonus ordinance, the density bonus policy currently in effect has been used to guide the County in implementing State density bonus law and Program 2.6 of the Housing Element of the General Plan. Potentially Potentially significant Impact, Less than significant Unless Mitigation Significant; No impact Incorporated Impact Impact XI. NOISE . Would the project create: a. Exposure of persons to or generation of ✓ noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (Source 1-4) b. Exposure of persons to or generation'of excessive ground borne vibration or ground borne noise levels? (Source 1-4) c. A substantial permanent increase in ambient ✓ 12 p noise levels in the project vicinity above levels existing without the project?(Source 1-4) d. A substantial temporary or periodic increase in ambient noise levels in the project vicinity.above levels existing without the project? Source 1-4) e. For a project located within an airport land use plan or; where such a plan has not been adopted, within two miles of a public airport or public use airport, .would the project expose people residing or working in the project area to, excessive noise levels? f. For a project within the vicinity of a private _ airstrip, would.the project expose people residing or working in the project area to excessive noise levels? SUMMARY: Adopting the Residential Density Bonus Ordinance will not result in any impacts to noise. All future projects seeking a density bonus will be subject to project specific CEQA review and recommend mitigation measures if needed. That CE.QA analysis will determine if there are any noise impacts resulting from the development of the specific project. The Residential Density Bonus Ordinance brings.the County into compliance with State density bonus law. Although the County does not have an adopted density bonus ordinance, the density bonus policy.currently in effect has been used to guide the County in implementing State density bonus law and Program 2.6 of the Housing Element of the General Plan. Potentially significant Impact, Potentially finless Less than significant Mitigation Significant Impact Incorporated Impact No Impact XII. POPULATION AND HOUSING– Would the project: a. Induce substantial population growth in an . ✓ _ area, either directly (for example, by proposing new homes and businesses) or indirectly (for example,through extension of roads or other infrastructure)? (Source 1-1) b. Displace substantial numbers of existing _ ✓ housing, .necessitating the construction of replacement housing elsewhere? (Source 1-4) C. Displace substantial numbers of people ✓ necessitating the construction of replacement j. housing elsewhere? (Source 1-1) 13 SUMMARY: Adopting the Residential Density Bonus Ordinance will not result in any significant negative impacts to population or housing. All projects seeking a density bonus will be subject to project specific . CEQA review.That CEQA analysis will determine if there are any environm ental.imp acts resulting'from the development of the specific project. The Residential Density Bonus Ordinance brings the County into compliance with State density bonus.law. Although the County does not have an adopted density bonus ordinance,the density bonus policy currently in effect has been used to guide the County in implementing the State density bonus law and Program 2.6 of the Housing Element of the General Plan.The Housing Element sets forth and expands upon County.policies for residential land uses as defined and described in the Land Use Element of the General Plan. Further, the Housing Element serves as the County's plan to meet the existing and projected housing needs of all economic segments of the community. The Residential.Density Bonus Ordinance is consistent with the Housing Element. State Density Bonus Law offers a land-use based option to facilitate the economic feasibility of affordable housing development. Housing developments eligible for a density bonus are those developments that meet all statutory and County Ordinance Code requirements, including Chapter 26-2;for project approval, apart from density bonus considerations.The State density bonus law and the proposed County Ordinance do not require a housing development be approved solely because a project complies with density bonus requirements.Discretionary approvals pursuant to County Code will still be required for projects requesting a density bonus. Potentially significant Impact, Potentially Unless Less than significant Mitigation Significant Impact Incorporated Impact No Impact XIII. PUBLIC SERVICES - Would the project: a. Would the project result in substantial ✓ adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities,the construction of whichcould cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: 1. Fire Protection? 2. Police Protection? 3. Schools? 4. Parks? 5. Other Public facilities? (Source 1-4) 14 ' SUMMARY: Adopting the-Residential Density Bonus Ordinance will not result in any impacts to public services.All projects seeking a density.bonus will be subject to project specific CEQA review. That CEQA analysis will determine if there are any environmental impacts resulting from the development ofthd specific project. In additions proposed projects will also be required to meet the County's Growth Management standards pursuant to Measure C-1'988. The Residential Density Bonus Ordinance brings the County into compliance with.State density bonus law. Although the County does not have an adopted density bonus ordinance, the density bonus policy currently in effect has been used to guide the County in implementing State density bonus law and Program 2.6 of the Housing Element of the General Plan. I; Potentially significant Impact, I' I! Potentially Unless Less than significant Mitigation Significant Impact Incorporated Impact . . No Impact XIV. RECREATION- a. Would the project increase the use ofI V/existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would..occur or 'be accelerated? (Source 1--4) b. Does the project include reereational facilities _ �; ✓ or require the construction; or expansion of recreational -facilities which .might have .an adverse physical effect on the environment? ' (Source 1-4) SUMMARY: Adopting :the Residential Density Bonus Ordinance will not result in any impacts to recreation.All projects seeking a density bonus will be subject to project specific CEQA review. Thai CEQA analysis will detennine if there are any environmental impacts resulting from the development of the,specific. project. Park dedication fees pursuant to the County Code will be required for projects using the density bonus.The Residential Density Bonus Ordinance brings the County into corhpliance with State density bonus law. Although the County does not have an adopted density bonus ordinance, the density bonus policy currently in effect has been used to guide the County in implementing State density bonus law and Program 2.6 of the Housing Element of the General Plan. ' ii :i li ;I i'. i� 15 i it I' ii Potentially significant Impact, Potentially Unless Less than significant Mitigation Significant Impact Incorporated Impact No Impact XIV. TRANTSPORTATION/TRAFFIC — Would the project: i a. Cause an increase in traffic which is i ✓ substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? (Source 1-4) b. Exceed,either individually or cumulatively, a _ ✓ level of service standard established by the county congestion management agency for designated roads or highways? (Source 1=4) I C. Result in a change in air traffic patterns, ✓ including either an increase in traffic l6vels or a change in -location that results in substantial safety risks?(Source 1-4) d. Substantially increase hazards due to a design ✓ feature (e.g., sharp curves or dangerous intersections)or incompatible uses(e.g.,farm equipment)? (Source 1-1) e. Result in inadequate emergency access? ✓ f. Result in inadequate parking capacity? ' ✓ g. Conflict with adopted policies, plans, or ✓ programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Source 1-4) SUMMARY: Adopting the Residential Density Bonus Ordinance will not result in any impacts to. transportation/traffic. All future projects seeking a density bonus will be subject to project specific CEQA review and appropriate traffic studies if required. That CEQA analysis will determine if there are any transportation/traffic impacts resulting from the development of the .specific project and recommend mitigation measures if necessary. In addition, proposed projects will also be required to comply,with the County''§ Growth Management standards pursuant to Measure C-1988. The Residential Density Bonus Ordinance brings the County into compliance with State density bonus law. Although the County!does not have an adopted density bonus ordinance,the density bonus policy currently in effect has been used.to guide the County in implementing State density bonus law and Program 2.6 of the Housing Element of the General Plan. .16 Potentially significant P Impact, Potentially unless Less than significant Mitigation Significant Impact Incorporated Impact No impact XVI. 'UTILITIES AND SERVICE SYSTEMS-Would the G project: p a. Exceed wastewater treatment requirements of ✓ the- applicable Regional Water Quality Control Hoard'! (Source 11-4) b. Require or result in the construction of new _ li ✓ water•or wastewater treatment facilities or expansion of -existing facilities, the construction or which could cause significant II environmental effects? (Source 1-4) C. Require or result in the construction of new {; ✓ storm water drainage facilities or expansion of existing. facilities, the construction of which could.cause significant environmental !i I effects?.(Source 1--4) d. Have sufficient water supplies available to ✓ serve the .project from existing entitlement and resources, .or are new or expanded entitlement needed? (Source 1-4) e. Result in a determination by the wastewater ✓ treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand. in addition to the provider's existing commitments? (Source 1-4) f. Be served by a landfill with sufficient ✓ pennitted capacity. to .accommodate the I project's solid waste disposal needs?(,Source g. Comply with federal, state and local statutes... ✓ and regulations related to solid waste? I' (Source 1-1) q SUMMARY Adopting the Residential Density Bonus Ordinance will not result in any impacts to utilities or service systems. All projects seeking a density bonus will be subject to project specific CEQA review.That CEQA analysis will determine if there are any environmental impacts resulting from the development of the specific project., In addition, future projects will be required to comply with the County's j:Growth Management standards pursuant to Measure C-1988. The Residential Density Bonus Ordinance brings the County into compliance with State density bonus law. Although the County does not have an adopted density bonus ordinance, the density bonus policy currently in effect has been used to guide the County in implementing State density bonus law and Program 2.6 of the Housing Element of the General Plan. V�:\Icdounlas\NTew\Dcnsity Bonus\initial studv.doc n Potentially significant Impact, I ' Potentially Unless Less than significant Mitigation Significant Impact .. Incorporated Impact No Impact XVI MANDATORY FINDINGS OF SIGNIFICANCE- a. Does the project have the potential to degrade I', ✓ the quality of the environment, substantially reduce the habitat of a fish and wildlife is species,cause a fish or wildlife population to drop below self-sustaining levels,threaten to eliminate a plant or animal community, i reduce the number or restrict the range of a rare or endangered' plant or animal or �I eliminate important examples of the major periods of California history or prehistory? (Source 1-4). b. Does the project have impacts that are r V11 individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental.effects of a project are considerable when viewed in connection with the effects of past projects,the effects of other current .projects, and the effects. of probable future projects)? (Source 1-4) C. Does the project have environmental effects _ ✓ which will cause substantial adverse effects I' I on human beings,either directly or indirectly? (Source 1-4) i' SUMMARY: The Residential Density Bonus Ordinance brings the.County into compliance with State density bonus law. Although the County does not have an adopted density bonus ordinance, thel�density bonus policy currently in effect has,been used to guide the County in implementing State density bonus law and Program 2.6 of the Housing Element of the General Plan. Adopting the Residential Density Bonus Ordinance does not have the potential to degrade the environment,affect fish or wildlife habitat,threaten or eliminate a plant or animal community,nor result in significant impacts to cultural resources.The adoption of the.proposed Ordinance will not result in substantial adverse effects on human beings.Finally,the adoption of the proposed Ordinance does not result inconsiderable cumulative impacts. �I ,I W:\:dougias\Nesa\Density Bonus\initial studv.doc 1S i i i ORDINANCE:NO. 2007-28 I; RESIDENTIAL DENSITY BONUS ! The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the.official text of the enacted or amended provisions of the County Ordinance Code): SECTION.I. SUMMARY. This ordinance revises the County's Residential Density Bonus Ordinance to incorporate changesset forth in Government Code section 65915, which requires counties and cities to grant a density bonus and concessions or incentives for a housing development that meets certain requirements. This ordinance establishes when a density bonus is to be granted and how density bonuses are calculated, establishes a procedure for requesting incentives and concessions, establishes a procedure for appealing a decision not to grant a density bonus, incentive, .or concession, and includes other;provisions specifying how compliance with Government Code section 65915 is implemented in the County. ! SECTION.II. Section 822-2.206 of the County Ordinance Code is amended to read: II ii 822-2.206 Definitions. As used in this chapter,the following terms have the following meanings: (a) "Affordable rent"means a rent, including a reasonable utility allowance as determined by the director, for rental target units that does not exceed the following calculations pursuant to Health and Safety Code section 50053: I i. (1) Very low income:.50 percent of the area median income (AMI) for Contra Costa County, adjusted for household size, multiplied by 30 percent and divided by 12. I (2) Lower income: 60 percent-of the AMI for Contra Costa County, adjusted for,; household size, multiplied,by 30 percent and divided by 12. II. (b) "Affordable sales price"means a sales price at which lower, very low, or moderate income households can qualify for the purchase of target units, taking into account available; financing, number of bedrooms and therefore, assumed household size, reasonable down payment, and affordable housing costs as defined in Health and Safety Code section?50052.5. The affordable sales price for lower income households must not exceed a price affordable to households whose income is at or below 70 percent AMI. The affordable sales price for very low income households must not exceed a price affordable to households whose meome is at or below 50 percent AMI. The affordable sales price for moderate income households must not exceed a price affordable to persons and families whose income is at or below 1110 percent AMI. I (c) "Child care facility" has the meaning set forth in Government Code section 65915(1)(4). it . ORDINANCE NO. 2007-28 I� 1 ii i; • i i. ii ii (d) "Common interest development"has the meaning set forth in Civil Code section 13;51. (e) "Concession or incentive"has the meaning set forth in Government Code section 65915(1). i� (f) "Density bonus"has the meaning set.forth in Government Code section 65915(8). ;j �i (g) "Density bonus housing agreement"means a legally binding agreement between a developer and the County to'ensure that the requirements of this chapter are satisfied and that establishes, among other things, the number, size, location, terms and conditions of:; affordability, and production schedule of target units. (h) "Density bonus units"means those residential units granted pursuant to the provisions of this chapter that exceed the otherwise maximum residential density for the development-site. i (i) "Development standard"has the meaning set forth in Government Code section 65915(0)(1). i� (j) "Director"means the Community Development Director. (k) "Housing cost"means the sum of actual or projected monthly payments for all of the following associated with for-sale,.target units: principal and interest on a mortgage.loan, property taxes and assessments, fire and casualty insurance, and homeowner association fees. (1) "Housing development" means, pursuant to Government Code section 659150), new construction, rehabilitation or conversion projects consisting of five or more residential units, including single family, and multifamily homes for sale or rent. (m) "Lower income household"means a household whose.income does not exceed the lower income limits applicable to Contra Costa County, adjusted for household size, as published and periodically updated by the State Department of Housing and Community Development . pursuant to Health and Safety Code Section 50079.5. I ij (n) "Maximum allowable residential density"means, pursuant to Government Code section 65915(0)(2), the maximum number of residential units permitted by the County's General Plan Land Use Element and applicable zoning district at the time of application, apart from the provisions of this chapter. (o) "Moderate income household"means persons and families whose income does not exceed the moderate income limits applicable to Contra Costa County, adjusted for household size, as published and periodically updated by the State Department of Housing and Community Development pursuant to Health and Safety Code Section 50093. The income limit"for moderate income households in Contra Costa County is 120 percent of the area median income. �i i ORDINANCE NO. 2007-28 j 2 i i �I i� ' II .I (p) "Non-restricted unit"means any unit within.a housing development that is not a target unit. j (q) "Qualifying resident"means a senior citizen or other person eligible to reside in-senior citizen housing as defined in Civil Code section 51.3. j (r) "Senior citizen housing development"has the meaning set forth in Civil Code Section 51.3. li (s) "Target unit"means a dwelling unit within a housing development that is affordable to and will be reserved for sale or rent to very low income households, lower income households, moderate income households, or qualifying residents. (t) "Very low income household" means a household whose income does not exceed the very low income limits applicable to Contra Costa County adjusted for household size,as published and periodically updated by the State Department of Housing and Community Development pursuant to Health and Safety Code section 50105. (Ords. 2007-28 §!j2, 2004- 45 § 3, 2001-06 § 2.) SECTION.III. Section 822-2.208 is added to the County Ordinance Code, to read: I. 822-2.208 State law. If any provisions of this chapter are inconsistent with any.provisions;,of Government Code section 65915; then the provisions of Government Code section 65915 shall prevail. .(Ords. 2007-28 § 3.) r SECTION.IV. Section 822-2.402 of the'County Ordinance Code is amended to read: 822-2.402.Inclusionary Unit Density Bonus. For any project where inclusionary units are required under Chapter 822-4, a developer may request a density bonus for providing the required i' inclusionary units. The developer may request a density bonus in an amount equal to or less than 15 percent of the total units in the development, including the inclusionary units provided in the development. A developer who requests a density bonus for providing inclusionary units is entitled to a density bonus in the requested amount, up to the maximum 15 percent. A developer is!'not entitled to any incentives or concessions under Section 822-2.408, except for incentives that may otherwise be granted pursuant to subsection (c) of section 822-4.418. (Ords. 2007-28 § 4, 2004-45 § 3, 2001-06 § 2.) i q SECTION V. Section 822-2.404 is amended to read as follows: 822-2.404.Affordable Unit Density Bonus. (a) If a project includes moderate income, lower income, very low income, or senior housing units at levels beyond those required by Chapter 822-4, a developer may request a density bonus under this section and may request incentives or concessions pursuant to Section 822- is ORDINANCE NO. 2007-28. 3 I' I! . it i. 'i c . . ij i 2.408. (b) A project for which a density bonus is eligible under this section must meet at least one of the following criteria: (1) Ten percent of the total units of a housing development must be reserved for lower income households. i (2) Five percent of the total units of a housing development.must be reserved for very low income households. (3) The housing;development must be a senior citizen housing development, or:a- mobilehome park that limits residency based on age requirements for housing for older persons pursuant to Civil Code section 798.76 or 799.5. (4) Ten percent of the total dwelling units in a common interest development must be reserved for persons and families of moderate income, provided that all units in the development are offered to the public for purchase. The percentages specified above exclude any inclusionaryounits, exclude any density bonus awarded under this section, and exclude any density bonus awarded under Section 822-2.402. (c) The County will grant a requested density bonus to a developer who agrees to construct a housing development that meets at least one of the criteria specified in subsection.(b). The density bonus to which an applicant is entitled under this section will be calculated iin accordance with Government Code section 65915(g), unless an applicant elects to accept a lesser percentage of density bonus. For purposes of calculating the amount of the density" bonus under this section, the applicant who requests a density bonus must elect whether the bonus will be awarded on the basis of subparagraph (1), (2), (3), or(4) of subsection (b) of this section. (Ords. 2007-28 § 5, 2004-45 § 3, 2001-06 § 2.) I, SECTION.VI. Section 822-2.406 of the County Ordinance Code.is amended to read as fol"lows: 822-2.406 Land Donation Density.Bonus. When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land as provided for in Government Code section 65915(h), the applicant shall be entitled to a density bonus in accordance with Government Code section 65915(h). (Ords. 2007-28 § 6, 2004-45 § 3, 2001-06 § 2.) SECTION VII. Section 822-2.408 of the County Ordinance Code is amended to read: 822-2.408.Incentives and Concessions. The incentives or concessions to which an applicant is entitled shall be determined in accordance with Government Code'section 65915(d)(2). (Ords. 2007-28 § 7;2004-45 § 3, 2001-06 § 2.) i ORDINANCE NO. 2007-28 1 4 i . I. ,'� V �� ,,� ,\ ` , 1 �\ �` 1 ,` SECTION VIII. Section 822-2.410 of the County Ordinance Code is amended to read: 822-2.410. Time Periods of Affordability. 1 (a) Low-income and very-low-income target units shall remain restricted and affordable to the designated group for 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, in accordance with Government Code section 65915(c)(1). i (b) The moderate-income units that are directly related to the receipt of the density bonus in a common interest development shall comply with the requirements of Government Code section 65915(c)(2). (Ords. 2007-28 § 8, 2004- § 3, 2001-06 § 2.) SECTION.IX. Article 822-2.6 of the County Ordinance Code is amended to read.: Article 822-2.6 Review 822-2.602 Applications. (a) An applicant may submit a written proposal for the specific concessions or incentives that the applicant requests. The County will grant the concession or incentive requested by the applicant unless the County makes a written finding pursuant to Government Code section 65915(d). (b) If existing development or zoning standards, including but not limited to such items as minimum lot size, side yard setbacks, and placement of public works improvements, would otherwise inhibit the utilization of a density bonus on a specific site, an applicant may submit a written proposal for the waiver or reduction of those standards. A written proposal under this subsection must show that the waiver or modification is necessary to make the housing development economically feasible as provided in subsections (e) and (f) of Government Code section 65915. For purposes of this chapter, any waiver or modification to the requirements of the involved zoning district shall not be considered a variance. The County is not required to waive or reduce development standards if, pursuant to Government Code section 65915(e), the waiver or reduction would have a specific adverse impact upon health, safety, or the physical environment, and for which there is no feasible.method to satisfactorily mitigate or avoid the specific adverse impact. (Ords. 2007-28 § 9, 2004-45 § 3, 2001-06 § 2.) I 822-2.604.Processing. (a) An application made pursuant to this chapter is considered to be a component of a housing r ORDINANCE NO. 2007-28 5 is development application and will be processed pursuant to Section 26-2 of this code. . (b) A housing development application that contains a request for concessions or inc must include the specific concessions or incentives requested. I Lives (c) A housing development application that contains a request for the.waiver or reduction of existing development or zoning standards must include the specific standards requested to be waived or reduced. (d) Appeals from a decision to deny a written proposal for concessions or incentives, or from a decision-to deny a written proposal for the waiver or reduction of existing development or zoning standards, are governed by Article 26-2.24 of this code. A decision by the County to deny a requested density bonus, incentive, or concession, or a decision by the County to deny a requested waiver or reduction,of existing development or zoning standards, may be appealed under Article 26-2.24 separately from an appeal on a housing development application. Judicial review of a final decision to deny a requested density bonus incentive, or concession may had in accordance with Government Code section 65915(d)(3). Judicial review of a final decision to deny a requested waiver or reduction of existing development or zoning standards may be had ins accordance with Government Code section 65915(e). (Ords. 2007-28 § 9, 2004-45 § 3, 2001-06 § 2.) i 822-2.606.Preliminary Application. , - (a) An applicant proposing a housing development pursuant.to this chapter may submit� a preliminary application prior to the submittal of any formal request for approval of a housing development. A preliminary application should include the following information: (1) A brief description of the proposed housing development, including the to number of units, target units, and density bonus units proposed. (2) The zoning and.general plan designations and assessors parcel number(s) of the projcct site. j (3) A vicinity map and preliminary site plan, drawn to scale, including building footprints,preliminary elevations, driveway and parking layout. (b) Applicants are encouraged to schedule apre-applicition.meeting with the Director to discuss and identify potential application issues, including prospective concessions or incentives, or prospective waivers or reductions of existing development and zoning standards. (Ords. 2007-28 § 9, 2004-45 § 3, 2001-06 § 2.) SECTION.X. Section 822-2.1006 of the County Ordinance Code is amended to read: ORDINANCE NO. 2007-28 6 i i 1, 1 � �1 1 �, ` �, .` '1 ` 1 1, 1 �t ;,1 is I . I is 822-2.1006..Terms in Agreement. The density bonus housing agreement shall include the following information: (a) The total number of units approved for the housing development, including the number of target units. I; (b) A description of the affordability and occupancy restrictions for the target units Q:.e., very low-income households, lower-income households-, moderate income households, or qualifying residents), including the standards for determining the corresponding affordable rent or affordable sales price and housing cost. (c) The location, unit sizes (in square feet), and number of bedrooms of all units in the development, including the target units. (d) Term of use restrictions specified.in section 822-2.410: i (e) A schedule of completion and occupancy of all units in the development, including the target units. (f) A description of all'concessions or incentives. (g) If applicable, tenure of use restrictions and attendance restrictions for child care facilities, in accordance with section 822-2.414(b). I (h) A description of remedies for breach of the agreement by either party. i (i) Other provisions.to ensure implementation and compliance with this chapter. .(Ords. 2007- .28 § 10, 2004-45 § 3, 2001-06 § 2.) SECTION.XI. Section 822-2.1008 of the County Ordinance Code is amended to read: 822-2.1008 For Sale Housing Development Terms. In the case:of for-sale housing developments, . the density bonus housing agreement shall provide for the following terms governing the initial sale and use of target units during the applicable tenure of use restriction period: (a) Target units shall, upon initial sale,be sold at an affordable sales price and housing cost to eligible very'low income households, lower income households, moderate income households, or qualified residents (i.e., maintained as senior citizen housing) as defined by 'this chapter. (b) Target units shall be owner-occupied initially by eligible very low or lower income households, or by moderate income households in the case of common interest ORDINANCE NO. 2007-28 7 I. 1 �` �\ ` `, �\ �` `� �. �, �\ \� , i, I developments, or by qualified residents in the case of senior citizen housing. I (c) The initial purchaser of each target unit shall execute an instrument or agreementl'in the form of a deed restriction approved by the director restricting the sale of the target unit in accordance with the provisions of this chapter during the applicable tenure of usel restriction period. This deed restriction shall be recorded.against the parcel containing the target unit and shall contain those provisions that the director may require to ensure continued compliance with this chapter and statutory requirements and to put subsequent purchasers on notice of the conditions and terms during the applicable use restriction period. (d) In the case of common interest developments, the density bonus housing agreement shall include an equity-sharing agreement that complies with Government Code section 65915(c)(2). (Ords. 2007-28 § 11, 2004-45 §-3, 2001-06 § 2) SECTION.XII. Section 822-4.418 of.the County Ordinance Code is amended to read: I; 822-4.418..Incentives. C (a) For any project where inclusionary units are required by this chapter, a developer may request a density.bonus for providing the required inclusionary units. The developer may request a density bonus in an amount equal to or less than 15 percent of the total units in I: the development, including the inclusionary units provided in the development. A developer who requests a density bonus for providing inclusionary units is entitled to a density bonus in the requested amount, up to the maximum 15 percent. A developer is not entitled to any incentives or concessions under Chapter 822-2, except for incentives that may otherwise be granted pursuant to subsection (c) of this section. (b) If a project includes moderate income, lower income, very low income, or senior housing units at levels beyond those required.by this chapter, a developer may request a density bonus under Section 822-2.404 and may request incentives or concessions under Section 822-2.408. If requested under this subsection, the density bonus to which a developer is entitled will be calculated in accordance with subsection(d) of Section 822-2.404. l; (c) The County may grant one or more of the following affordable housing development incentives in order to mitigate the financial impact of this chapter's requirements on a particular residential development: (1) Fee deferrals or waivers. . I (2) Provision of housing set-aside funds, tax exempt.financing, or other financial assistance. I I ORDINANCE NO. 2007-28 8 I i j . I. i (3) Modification of zoning or development standards. (Ords. 2007-28 § 12, 2006-43 § 2.) SECTION.XIII. The title of Division 822 of the County Ordinance Code is amended to read: DIVISION.822 AFFORDABLE HOUSING SECTION.XIV. EFFECTIVE'DATE. This ordinance becomes effective 30 days after passage, and within 15 days after passage shall be published once with the names of supervisors voting for and against it in the Contra Costa Times, a newspaper published in this County. i. PASSED on , by the following vote. AYES: i NOES: ABSENT: i ABSTAIN: i ATTEST: JOHN CULLEN, ' Clerk of the Board of Supervisors Board Chair and County Administrator By: [SEAL] . Deputy TLG: I1A2007\Community.Dcvclopment\density.bonus ord .final.wpd i I I i ORDINANCE NO. 2007-28 9 CALIFORNIA ENVIRONMENTAL QUALITYACT NOTICE OF DETERMINATION CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 2530 ARNOLD DR. SUITE 190 .MARTINEZ, CALIFORNIA 94553-1296 Telephone: (925) 335-7234 Contact Person: Kristin Sherk Project Description, Common Name (if any) and Location: Adoption of Revised Ordinance (County Code.Section 822-2), which modifies the Residential Density Bonus Ordinance applicable to the unincorporated area of Contra Costa County to incorporate recent changes set forth in state law; and on the adoption of an addendum to the Negative Declaration in compliance with the California Environmental Quality Act. The project was approved on Pursuant to the provisions of the California Environmental Quality Act: An Environmental Impact Report was prepared and certified (SCH # ). The project was encompassed by an Environmental Impact Report previously prepared for. (SCH # ). FX ] An Addendum (Addendum #2) to a previously approved Negative Declaration and Addendum (Addendum # 1) was issued indicating that an Environmental Impact Report was not required. Copies of the record of project approval and the Mitigated Negative Declaration or the final EIR may be examined at the office of the.Contra Costa County Community Development Department. 0 The project will not have a significant environmental effect. The project will have a significant environmental effect. Mitigation measures were made a condition of approval of the project. A statement of overriding considerations was adopted. Findings-were adopted pursuant to Section 15091 of the State CEQA Guidelines. Date: By: Community Development Representative AFFIDAVIT OF FILING AND POSTING I declare that on I received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice.will remain posted for 30 days from the,filing date. Signature Title i Applicant's Name: Contra Costa County EIR-$850 Total Due: $ Community Development Address: 2530 Arnold Drive, Suite 190 Neg. Dec.-$1,250 Total Paid: $ Martinez,CA 94553 X DFG No Effect-$0 X County Clerk-$50 Receipt i STATE OF CALIFORNIA-THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER,Governor DEPARTMENT OF FISH AND GAME POST OFFICE BOX 47 gp y YOUNTVILLE,CALIFORNIA 94599 (707)944-5500 •^ CEQA Filing Fee No Effect Determination Form Applicant Name: County of Contra Costa, Date Submitted: February 27,, 2007 Community Development Department Applicant Address: 2530 Arnold Drive, Suite 190, Martinez, CA 94553 I Project Name: Density Bonus Ordinance Revision CEQA Lead Agency: Contra Costa County CEQA Document Type: Neg Dec SCH Number and/or local agency ID Number: N/A Project Location: Unincorporated Contra Costa County i Brief Project Description: The purpose of the Density Bonus Ordinance revision is to incorporate changes set forth in Government Code,section 65915, which requires counties and cities to grant a density bonus and concessions and incentives for a housing development that meets certain requirements. The Ordinance establishes when a density bonus is to be granted and how density bonuses are calculated, establishes a procedure for requesting incentives and concessions, establishes a procedure for appealing a decision not to grant a, density bonus, incentive, or concession, and includes other provisions specifying how compliance with Government Code section 65915 is implemented in the County. j Individual projects subject to the Ordinance will go through separate CEQA reviews and the individual projects impact on fish and game will be analyzed. i Determination: Based on a review of the Project as proposed, the Department-of Fish and Game has determined that for purposes of the assessment of CEQA filing fees [F&G Code 711.4(c)] the project has no potential effect on fish, wildlife and habitat and the project as described does not require payment of a CEQA filing fee. This h determination does not'in any way imply that the project is exempt from 'CEQA and does not determine the significance of any potential project effects evaluated pursuant to CEQA. I, Please retain this original determination for your records; you are required to filel'a copy of this determination with the County Clerk after your project is approved and at:'the time of filing of the CEQA lead agency's Notice of Determination (NOD). If you do not file a copy of this determination with the County Clerk at the time of filing of the NOD, the appropriate CEQA filing fee will be due and payable. is i I i I County of Contra Costa March 2, 2007 ' Page 2 Without a valid No Effect Determination Form or proof of fee payment, the project will not be operative, vested, or final, and any local permits issued for the project will;be invalid, pursuant to Fish and Game Code Section 711.4(c)(3). i DFG Approval By: ( 11IL&LOITACIaAI-D Date: March 2, 2Q07 Aharles AOor cting Regional Manager I i� i I I I I ADDENDUM to the NEGATIVE DECLARATION j ADOPTED FOR THE INCLUSIONARY HOUSING ORDINANCE' County File # ZT06-0005 Prepared by: Maureen Toms, AICP, Principal Planner. Contra Costa County Community Development Department 2530 Arnold Drive, Suite 190 Martinez, CA 94553-4897 I April 25, 2007 l Approved by: Maureen Toms Prinrupal Planner r Printed Name Date 1 j' ADDENDUM i' to the NEGATIVE DECLARATION ADOPTED FOR THE INCLUSIONARY HOUSING ORDINANCE i County File #ZT06-0005 PREFACE The Negative Declaration evaluated the proposed Inclusionary Housing Ordinance, which involved the adoption of a Inclusionary Housing Ordinance for the unincorporated area of Contra Costa County. The Ordinance has been revised to clarify that a developer who requests a density bonus for providing inclusionary units shall receive a density bonus. This document serves as the Addendum to the Negative Declaration for the Inclusionary Housing Ordinance (County File#ZT06-0005). Consequently,the Negative Declaration for the project consists of the Negative Declaration and this Addendum. The Contra Costa Community.Development Department (CDD) is the lead agency for the project, and on October '24, 2006, the Board of Supervisors adopted the Inclusionary Housing Ordinance and filed a Notice of Determination with the County Cierk. The Board determined that the.project would not have a significant effect on the environment . CEQA PROCESS i The California Environmental Quality Act (CEQA) prescribes that an Addenduml(CEQA Guidelines Section 15164)to a previously adopted Negative Declaration shall be prepared by either the lead agency or the responsible agency if some minor technical changes or additions are necessary but none of the.conditions described in CEQA Guidelines Section 15162 have occurred: 1. No substantial changes have occurred which will introduce new significant environmental effects not-previously considered ora substantial increase in the severity of previously identified significant effects; 2. No substantial changes to the conditions or circumstances in the area affected by the project have occurred; or 3. No new information of substantial importance shows that significant impacts previously examined will be substantially more severe than shown in the previous Negative Declaration .or the project will have,one. or more 2 - r significant effects not previously discussed. In addition, there is no new information showing that mitigation measures or project alternatives which were previously determined to be infeasible would actually be feasible and would substantially reduce significant effects of the project, and there is no suchnew information suggesting that new mitigation measures or alternatives which are considerably different from those analyzed in the previous.Negative Declaration would substantially reduce one or more significant effects on the environment. In accordance with CEQA Guidelines Section 15164(d), the County Board of Supervisors shall.consider Addendum along with the Negative Declaration prior to making a decision on the project. According to CEQA Guidelines Section 15164.(c) an Addendum does not require circulation for public review but can be included in or attached to the Negative Declaration. As noted in the Preface, the Addendum is attached to the Negative Declaration for the Inclusionary Housing Ordinance (County File.#ZT06-0005). EXPLANATION OF ADDENDUM The Addendum to the Negative Declaration for the Inclusionary Housing Ordinance identifies revisions to the Inclusionary Housing Ordinance, including the provision to clarify that a developer who requests a density bonus for providing inclusionary units shall receive a density bonus. The Addendum is consistent with County policies and does not lead directly or indirectly to significant physical changes in the project, nor does it alter the adequacy or the completeness of the environmental impacts identified in the Negative Declaration. . Therefore, the Addendum to the Negative Declaration is appropriate. ADDITION TO THE NEGATIVE DECLARATION This section identifies the language which is added/or changed (bold face type) or;deleted (strikeeut) to the text and figures of.the Negative Declaration: p. .11, item IX. LAND USE AND PLANNING, SUMMARY, Paragraph 2, Sentence,2: The proposed Inclusionary Housing Ordinance is consistent with the Housing Element, which includes a program to evaluate adoption of a County policy to require residential projects to provide a certain percentage of total units on site as housing affordable to very low, low, and moderate-income households or pay an in-lieu fee to support affordable housing development in the unincorporated area. In exchange for providing a percentage of the total project units as affordable, a developer may receive a density bonus if desired. A developer who requests a density bonus for providing the inclusionary units is entitled to a.density bonus in the requested amount, up to the maximum 15 percent. 3 � . Environmental Chiwklist Form 1. Project Title: Inclusionary Housing Ordinance 2. Lead Agency Name and Address- Contra Costa County Community Development Department �. 2530 Arnold Drive, Suite 190 Martinez,CA 94553 3. Contact Person and Phone Number Kara Douglas (925) 335-7223 ! 4. Project Location: Unincorporated areas of Contra Costa County j 5. Project Sponsor's Name and Address: Contra Costa County i Community Development Department 2530 Arnold Drive, Suite 190 Martinez,CA 94553 6. General Plan Designation: All Residential and Mixed.Use areas 7. Zoning: All Residential,Mixed-Used,Mobile Home/Manufactured Homes, and Planned-Unit Districts 8.' Description of Project: Adoption of an Inclusionary Housing Ordinance which will require new residential projects to either designate a certain percentage of project units as affordableunits or,in certain cases, pay a calculated in-lieu fee amount, 1per the requirements of the ordinance. The ordinance also allows the options for some alternatives to production ofihousing on-site, and provides some incentives to facilitate the inclusion of affordable housing units as required by the ordinance. 9. Surrounding Land Uses and Setting: N/A 10. Other public agencies whose approval Js required(e.g., permits, financing approval, or participation agreement): None ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: . The environmental factors checked below would be potentially affected by this project,involving at least one impact that is a"Potentially Significant Impact" as indicated by the checklist on the following pages. Land Use and Planning _ Transportation/ Public Servicesi Population &Housing Circulation _ Utilities & Service Geological Problems _ Biological Resources Systems _ Water _ Energy & Mineral _ Aesthetics Air Quality Resources _ Cultural Resources _ Mandatory Findings of _ Hazards Recreation. Significance _ Noise ✓ No ' new Potentially Significant ! Impacts Identified i i i -DETERMINATION On the basis of this initial evaluation: ✓ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment,there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed.project MAY have a sib ificant.-effect on the environment,Land an ENVIRONMENTAL IMPACT REPORT is.required. I find that the proposed project MAY have a significant effect(s)on the environment,but at least one effect(1)has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. _ I find that although the proposed project could have.a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects(a)have been analyzed adequately in an earlier EIR pursuant to applicable standards and(b)have been avioided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. March 8, 2006 Signature Date Kara Douglas CCC Communitv Development Department Prepared.By For March 8. 2006 Signature Date Maureen Toms. AICP Approved.By i i SOURCES In the process of preparing the Checklist and conducting the evaluation,the following references (which are available for review at the Contra Costa County Community Development Department, 651 Pine Street 5th Floor-North Wing, Martinez) were consulted: • is 1. The(Reconsolidated)County General Plan(July 1996)and EIR on the General Plan(January_ 1991) 2. General Plan and Zoning Maps 3. Draft Inclusionary HousinsJ Ordinance EVALUATION OF ENVIRONMENTAL IMPACTS: Potentially significant Impact, Potentially Unless Less than significant Mitigation Significant Impact Incorporated Impact No Impact I. AESTHETICS. Would the proposal: a. Have a substantial adverse effect on a scenic ✓ vista? (Source 1-4) b. Substantially damage scenic resources, including; but not limited to, trees, rock i outcroppings, and historic buildings within a state scenic highway? (Source 1-4) C. Substantially degrade. the existing visual ✓ character or quality of the site and its surroundings? (Source 1-4) ; d. Create a new source. of substantial light or ulare which would adversely affect .day or nighttime views in the area? (Source 1-4) SUMMARY i Adopting the Inclusionary Housing Ordinance will not result in any impacts to aesthetic resources. .k,II future housing projects subject to the ordinance will be subject to project specific CEQA review.That CEQA analysis will determine if there are any impacts to aesthetic resources resulting from the development of the specific project. i I i j Potentially significant Impact, Potentially Unless Less than significant Mitigation Significant . Impact Incorporated Impact No Impact II. AGRICULTURAL RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept: of Conservation as an optional model to use in assessing impacts on agricultural and farmland. Would the project: a. Convert Prime Farmland,Unique Farmland or ✓ Farmland or Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? (Source 1-4) b. Conflict with existing zoning for agricultural ✓ use,or a Williamson Act contract?(Source 1- 4) C. Involve other changes in the existing ✓ environment which, due to their location or nature, could result in conversion of Farmland,to non-agricultural use?(Source 1- 4) SUMMARY: Adopting the Inclusionary Housing Ordinance will not result in-any impacts to agricultural resources. All future housing projects subject to the ordinance will be subject to project specific CEQA review. That CEQA analysis will determine if there are any impacts to agricultural resources resulting from the development of the specific project: The Inclusionary Housing Ordinance does not apply to parcels in the agricultural Zoning District or an agricultural General Plan designation. i 4' i Potentially significant Impact, Potentially Unless Less than significant Mitication Significant Impact Incorporated Impact No Impact 1.I1. AIR QUALITY. Where available, the significance criteria established .by the. applicable air quality management or air pollution control district may be . relied upon to make the following determinations. Would the project: i a. Conflict with or obstruct implementation of the _ ✓ applicable air quality plan(Source: 1-4) b. Violate any air.quality-standard or contribute to an existing 'or projected air quality violation? (Source 1-4) C. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard(including releasing emissions which exceed quantitative thresholds for ozone precursors)? (Source 1-4) d. Expose sensitive receptors to substantial ! ✓ pollutant concentrations? (Source 1-4) C. Create objectionable odors affecting a substantial number of people? (Source 1-4) SUMMARY Adopting the Inclusionary Housing Ordinance will not result in any impacts to air quality. All future housing projects subject to the ordinance will be subject to project specific CEQA review. That CEQA analysis will determine if there are anv impacts to air quality resulting from the development of the specific project. . I. i I 5 i j Potentially significant Impact, Potentially Unless Less than significant Mitigation Significant Impact Incorporated Impact No Impact N. BIOLOGICAL RESOURCES. Would the project: a. Have a substantial ' adverse effect, either ✓ directly or through habitat modifications, on any species identified as a candidate,sensitive, or special status species in local or regional plans, polices, or regulations, or by the California Department of Fish and Game.or U.S. Fish and Wildlife Service? (Source 1-4) I b. Have a substantial adverse effect on anv _ ✓ riparian habitat or other sensitive natural ..community identified in local or regional plans,policies,regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? (Source 114) c. Have a substantial adverse effect on federally ✓ protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? (Source 1-4) d. Interfere substantially with the movement of ✓ any. native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or. impede the use of native wildlife nursery sites? (Source 1-4) e. Conflict with any local policies or ordinances ✓ protecting biological resources, such as tree preservation policy or ordinance? (Source 1- 4) f. Conflict with any local policies or ordinances ✓ protecting biological resources, such as tree preservation policy or ordinance? (Source 1- 4) SUMMARY: Adopting the Inclusionary Housing Ordinance will not result in any impacts to biological resources.All future housing projects subject to the ordinance will be subject to project specific CEQA review. That CEQA analysis will analyze any impacts to biological resources resulting from the development of the specific project and recommend mitigation measures if needed. 6 Potentially significant Impact, Potentially Unless Less than significant Mitigation Siunificant Impact Incorporated Impact�, No Impact V. CULTURAL RESOURCES. Would the project: a. Cause a substantial adverse change in the ✓ significance of a historical resource as defined ; in §15064.5? (Source 111) b. Cause a substantial adverse change in the _ i ✓ significance of an archaeological resource pursuant to §15064.5? (Source 1-4) C. Directly or indirectly destroy a unique ✓ paleontological resource or site or unique geologic feature? (Source 1-4) d. Disturb any human remains,-including those ✓ interred outside of formal cemeteries? (Source 1-4) SUMMARY: Adopting the Inclusionary Housing Ordinance will not result in any impacts to cultural resources.All future housing projects subject to the ordinance will be subject to project specific CEQA review. That CEQA analysis will determine if there are any impacts to cultural resources resulting from the development of the specific project. Potentially significant Impact, Potentially Unless Less than significant Mitigation Significant Impact Incorporated Impact No Impact VI. GEOLOGY AND SOILS - Would.the project? a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 1. Rupture of a known earthquake fault, ✓ asdelineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42.. (Source'l-4) 2. Strong seismic ground shaking? ✓ (Source 111) . r i I 3. Seismic-related ground failure,including ✓. liquefaction? (Source 1=-4 4. Landslides? (Source 1-4) ✓ b. Result in substantial soil erosion or the loss of _ '' ✓ topsoil?(Source 1-4) C. Be located on a geologic unit or soil that is + ✓ unstable, or that would become unstable as a . result of the project, and potentially result in on-or off-site landslide, lateral spreading, 1 subsidence,liquefaction or collapse? (Source i 1-4) d. Be located on expansive soil,.as .defined in I ✓ Table 18-1-B of the Uniform Building Code (1994), creating substantial, risks to life or property? (Source 1-4) e. Have soils incapable of adequately supporting ✓ the use of septic tanks or alternative waste disposal systems where sewers are not available for the.disposal of waste water? (Source 1-4) , SUMMARY Adopting the Inclusionary Housing Ordinance will not result in any impacts to geology or soils. All future housing projects subject to the ordinance will be subject to project specific CEQA review including soils reports if warranted. That CEQA analysis will determine if there are any geological or soils impacts resulting from the development of the specific project and recommend mitigation measures if needed. Potentially II significant �. Impact. ;. Potentially Unless Less than significant Mitigation Significant Impact Incorporated Impact No Impact VII. HAZARDS AND HAZARDOUS MATERIALS- j Would the project: . a. Create a significant hazard to the public or the ✓ environment through the routine transport, I use, or disposal of hazardous materials? (Source 1-4) b. Create a significant hazard to the public or the _ ✓ environment through reasonably foreseeable upset and accident conditions involving the release. of hazardous ;.materials into the j environment? (Source 1=4) C. Emit hazardous emissions or handle hazardous or acutely hazardous materials,substances,or waste within one-quarter mile of an existing or 8 i i proposed school? (Source 1�4) d. Be located on a site which is included on a ✓ list. of hazardous materials sites compiled pursuant to Government code Section 65862.5 and, as a result, would it create a. significant hazard to the public or the environment? (Source 1-4) e. For a project located within an airport land ✓ use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport,would the project result in a safety hazard for people residing or working in the project area. f. For a project within the vicinity of a private ✓ airstrip, would the project result in a safety hazard for people residing or working in the project area? Cr. Impair implementation of or physically ✓ interfere with an adopted emergency response plan or emergency evacuation plan? (Source ° 1-4) h.. Expose people.or structures to a significant ✓ risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (Source 1-4) SUMMARY: Adopting the Inclusionary Housing Ordinance will not result in any impacts to hazards or hazardous materials. All future housing projects subject to the ordinance will be subject to proj ecti specific CEQA review. That CEQA analysis will determine if there are any hazards or hazardous materials;impacts resulting from the development of the specific project. Potentially significant Impact, . Potentially Unless Less than significant Mitigation Significant Impact Incorporated Impact No Impact VIII. HYDROLOGY AND WATER QUALITY - Would the project: a. Violate any water quality standards or waste ' ✓ discharge requirements? (Source 1=4) b. Substantially deplete b�roundwater supplies or _ ✓ interfere substantially with groundwater recharge such that there would be a net deficit 9 V in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing ' land uses or planned uses for which permits have been granted)?,(Source 1-4) C. Substantially alter the existing drainage ✓ pattern cif the site or area, including through the alteration of the course of.a stream or river, in a manner which would'result in.substantial erosion or siltation on-or off-site? (Source 1- 4) i d. Substantially alter the existing drainage i ✓ pattern of the site or area,.including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on-or off-site? (Source 1-4) e. Create or contribute runoff water which:would ✓ exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? (Source 1-4) f. Otherwise substantially degrade water quality? ✓ (Source 1-4) g. Place housing within a l 00=year flood hazard ✓ area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (Source 1-4) h. . Place within a 100-vear flood hazard area ✓ structures which would impede or redirect flood flows? .(Source 1-4) i. Expose.people or structures to a significant i ✓ risk of loss,injury or death involving flooding, i including flooding as a result of the failure of a levee or dam? (Source 1-4) j j. Inundation by seiche, tsunami, or mudflow? i ✓ (Source 1-4) i i SUMMARY Adopting the Inclusionary Housing Ordinance will not result in any impacts to hydrology or water quality. All.future housing projects subject to the ordinance will be subject to project specific CEQA review. That CEQA analysis will determine if there are any impacts to water quality or hydrology resulting from the development of the specific project and recommend mitigation measures if needed. . i i i 10 i I I Potentially significant . Impact, Potentially Unless Less thati significant Mitigation Significant Impact Incorporated Impact; No Impact IX. LAND USE AND PLANNING . Would the project: a. Physically divide an established community? _ ✓ (Source 1-4) b. Conflict with any applicable land use plan, ✓ policy, or regulation of. an agency with jurisdiction overthe project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? (Source 1-4) C. Conflict with any applicable habitat ✓ conservation plan ornatural community, conservation plan? (Source 1-4) SUMMARY: Although adopting the Inclusionary Housing.Ordinance may facilitate housing development, it will not result in any significant impacts to land use or.planning. All future housing projects subject to the ordinance will be subject to project specific CEQA review.That CEQA analysis will determine if there are any land use or planning impacts resulting from the development of the specific project. The Housing Element sets forth and expands upon County policies for residential land uses as defined and described in the Land Use Element of the General Plan. The proposed Inclusionary Housing Ordinance is consistent with the Housing Element, whichincludes a program to evaluate adoption of a County policy to require residential projects to provide a certain percentage of total units on site as housing affordable to very low, low, and moderate-income households or pay an in-lieu fee to support affordable housing development in the unincorporated areas. Potentially significant Impact, Potentially Unless Less than significant Mitigation Significant Impact .Incorporated Impact No Impact X. MINERAL RESOURCES . Would the project: a. Result in the loss of availability of a known ✓ mineral resource that would be of value to the region and the residents of the state? (Source 1=4) b. Result in the loss of availability of a.locally- _ ✓ 1] I important mineral resource recovery site delineated on a local general plan; specific plan or other land use plan? (Source 1-4) SUMMARY Adopting the Inclusionary. Housing Ordinance will not result in any impacts to mineral resources.All future housingprojects subject to the ordinance will be subjectto project specific CEQA review. That CEQA analysis will determine if there are any impacts to mineral resources resulting from the development of the specific project. Potentially Potentially significant Impact, Less than sienificam Unless Mitieation Significant No Impact Incorporated Impact Impact XI. NOISE . Would the project create: a. Exposure of persons to or generation of ✓ noise levels in excess of standards established in the local general plan or noise ordinance,.or applicable standards of other agencies? (Source 1-4) b. Exposure of persons to or generation of _ ✓ excessive ground borne vibration or ground borne noise levels? (Source 111) c. A substantial permanent increase in ambient ✓ noise levels in the project vicinity above levels existing without the project? (Source 1-4) d. A substantial temporary or periodic increase ✓. in ambient noise levels in the project vicinity above levels existing without the project? Source 1-4) e. For a project located within an airport land ✓ use plan or, where such a plan has not been adopted,within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f. For a project within the vicinity of a private ✓ airstrip, would the project expose people residing or working in the project area to excessive noise levels? SUMMARY: Adopting the Inclusionary Housing Ordinance will not result in any impacts to noise. All I. future housing projects subject to the ordinance will be subject to project specific CEQA review. That CEQA analysis will determine if there are any noise impacts resulting from the development of the specific project and recommend mitigation measures if needed. 1? Potentially significant Impact. Potentially Unless Less than significant Mitigation Significant Impact incorporated Impact No Impact XII. POPULATION AND HOUSING— Would the project: a. Induce substantial.population growth in an ✓ area, either directly. (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? (Source 1-4) b. Displace substantial numbers of existing _ ✓ housing, necessitating the construction of replacement housing elsewhere? (Source 1-4) C. Displace substantial numbers of people ✓ necessitating the construction of replacement housing elsewhere?(Source 1-4) SUMMARY: Adopting the Inclusionary Housing Ordinance will not result in any significant negative impacts to population or housing;All future housing projects subject to the ordinance will be subject to project specific CEQA review. That CEQA analysis will determine if there are any environmental impacts resulting from the development of the specific project: The Housing Element sets forth and expands upon County policies for residential land uses as defined and described in the Land Use Element of the General Plan. The proposed Inclusionary Housing Ordinance is consistent with the Housing Element,which includes a program to evaluate adoption of a County policy to require residential projects to provide a certain percentage of total units on site as housing affordable to very low, low,and moderate-income households or pay an in-lieu fee to support affordable housing:. development in the unincorporated areas. i Potentially significant Impact, Potentially Unless Less than significant Mitigation Significant Impact incorporated Impact No Impact XIII. PUBLIC SERVICES -Would the project: a. Would the project result in substantial ! ✓ adverse physical impacts associated with the provision .of new or physically altered Or facilities, need for new or physically altered governmental facilities,the construction of which could cause significant environmental impacts, in order to maintain 13 I . acceptable service ratios, response times or other performance objectives for any of the public services: 1. Fire Protection? 2. Police Protection? 3. Schools? 4. Parks? 5. Other Public facilities? ; (Source 1-4) i , SUMMARY: Adopting the Inclusionary Housing Ordinance will not result in any impacts to public services. All future housing projects subject to the ordinance will be subject to project specific CEQA review. That CEQA analysis will determine if there are any environmental impacts resulting from the development of the specific project.In addition,proposed projects will also be required to meet the County's Growth Management standards pursuant to Measure C-1988. Potentially I significant Impact, Potentially Unless Less than significant Mitigation Significant Impact ._ Incorporated Impact. No Impact XIV. RECREATION - a. Would thero'ect increase the use of ✓ P J — existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility. I, would occur or be accelerated? (Source 1-4) b. Does the project include recreational facilities _ I ✓ or require the construction or expansion .of recreational facilities which might have an adverse phvsical.effect on the environment? (Source 1-4) i SUMMARY: .Adopting the Inclusionary Housing Ordinance will not result in any impacts to recreation. All future housing projects.subject to the ordinance will be subject to project specific CEQA review. Th!at.CEQA analysis will determine if there are any environmental impacts resulting.from the development of the specific project.Park dedication fees pursuant to the County Code will be required for all.projects,regardless if they are subject to the Inclusionary Ordinance. ! . i I i I 14' Potentially significant Impact, Potentially Unless Less than- significant Mitigation Significant Impact Incorporated Impact No Impact XIV. TRANSPORTATION/TRAFFIC — Would the project: a. Cause an increase in traffic which is ✓ substantial in"relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? (Source 1-4) b. Exceed,either individually or cumulatively, a _ ✓ level of service standard established by the county congestion management agency for designated roads or highways? (Source 1-4) C. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (Source 1-4) d. Substantially increase hazards due to a design ✓ feature (e.g., sharp curves or dangerous intersections)or incompatible uses(e.g.,farm equipment)? (Source 1-4) e. Result in inadequate emergency access? ✓ f. Result in inadequate parking capacity? ✓ g. Conflict with adopted policies, plans, or ✓ programs supporting alternative transportation (e.g.,bus turnouts,bicycle racks)?(Source I- 4) SUMMARY: Adopting the Inclusionary Housing Ordinance will not result in any impacts.to transportation/traffic. All future housing projects subject to the ordinance will be subject to project'specific CEQA review and appropriate traffic studies if required.That CEQA analysis will determine if there are any transportation/traffic impacts resulting from the development of the specific project and recommend mitigation measures if necessary. In addition,proposed.projects will also be required to comply with the County's Growth Management standards pursuant to.Measure C-1988. Potentially significant Impact, Potentially Unless Less than significant Mitigation Significant Impact Incorporated Impact No Impact XVI. UTILITIES AND SERVICE SYSTEMS-Would the project: a. Exceed wastewater treatment requirements of ✓ 15 j: I I I i the applicable Regional Water Quality Control Board? (Source 1-4) b. Require or result in the construction of new ✓ . water or wastewater treatment facilities or expansion of existing facilities, the I . construction or which could cause significant ' environmental effects? (Source 1-4) C. Require or result in'the construction of new ✓ storm water drainage facilities or expansion I' of existing facilities,the construction of which could cause significant environmental effects? j (Source 1-4) d. Have sufficient water supplies available to ✓ serve the project from existing entitlement and resources, or are new or expanded entitlement needed? (Source 1-4) ! e. Result in a determination by the wastewater I ✓ treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to . the provider's existing commitments?(Source.1-4) f. Be served by a landfill with sufficient ✓ permitted capacity to accommodate the project's solid waste disposal needs? (Source 1-4) Comply with federal. state and local statutes ✓ and regulations related to solid waste?(Source 1-4) ! ! I� SUMMARY Adopting the Inclusionary Housing Ordinance will not result in any impacts to utilities or service systems. All future housing projects subject to the ordinance will be subject to project specific CEQA review. That CEQA analysis will determine if there are any environmental impacts resulting from the development of the specific project. In addition, future projects will be required to comply .with the County's Growth Management standards.pursuant to Measure C-1988. i Potentially sienificant Impact, Potentially Unless Less!. significant .Mitmation Sienificant Impact Incorporated Impact No Impact XVI MANDATORY FINDINGS OF SIGNIFICANCE - 1. _ a. Does the project have the potential to degrade ! ✓ the quality of the environment. substantially reduce .the habitat of .a fish and wildlife ! ; I I 15 I fs-cd`user•sS\I:douLIas\I:dour*ias`NeNA!%1nclusionary\10EQ.A initialst MT.doc I ' 9 I species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community,reduce the number or restrict the range of a rare or endangered plant. or animal or eliminate important examples of the major periods of California history or prehistory?(Source 1-4) b. Does the project have impacts that are _ ✓ individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects,the effects of other current projects, and the effects of probable future projects)? (Source 1=4) C. Does the project have environmental effects _ ✓ which will cause substantial adverse effects on human beings, either directly or indirectly? (Source 1-4) SUMMARY: Adopting the Inclusionary Housing Ordinance does not have the potential to degrade the environment, affect fish or wildlife habitat, threaten or eliminate a plant.or animal community, nor result in significant impacts to cultural resources.The adoption of the proposed Ordinance will not result in substantial adverse effects on human beings. Finally, the adoption of the proposed Ordinance does not result in considerable cumulative impacts. i I 17 \\fs-cd`wsersS\kdouslas\l:doualas\New\lnclusioilary\CEOA iniiialst MT.doc I CALIFORNIA ENVIRONMENTAL QUALITY ACT NOTICE OF DETERMINATION CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 2530 ARNOLD DR. SUITE 190 MARTINEZ, CALIFORNIA 94553-1296 Telephone:.(925) 335-7234 Contact Person: Kristin Sherk i' Project Description, Common Name (if any) and Location: Adoption of Revised Ordinance (County Code Section 822-4), which modifies the Inclusionary Housing Ordinance applicable to the unincorporated area of Contra Costa County to clarify language regarding the density bonus approvals; and on the adoption of an addendum to the Negative Declaration in compliance with the California Environmental Quality Act. The project was approved on Pursuant to the provisions of the California Environmental Quality Act: 0 An Environmental Impact Report was prepared and certified (SCH # ). The project was encompassed by an Environmental Impact Report previously prepared for (SCH # ). An Addendum to a previously approved Negative Declaration was issued indicating that an.`Environmental Impact Report was not required. Copies of the record of project approval and the Mitigated Negative Declaration or the final EIR may be examined at the office of the Contra Costa County Community Development Department. ' 0 The project will not have a significant environmental effect. 0 The project will have a significant environmental effect.. Mitigation measures were made a condition of approval of the project. A statement of overriding considerations was adopted. Findings were adopted pursuant to Section 15091 of the State CEQA Guidelines. Date: By: Community Development Representative AFFIDAVIT OF FILING AND POSTING I declare that on I received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice.will remain posted for 30 days from the filing date. Signature Title Applicant's Name: Contra Costa County EIR-$850 'Total Due: $ Community Development Address: 2530 Arnold Drive, Suite 190 Neg. Dec. -$1,250 Total Paid: $ Martinez,CA 94553 X DFG No Effect-$0 X County Clerk-$50 Receipt# i STAIS OF CALIFORNIA-THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER,Governor DEPARTMENT OF FISH AND GAME POST OFFICE BOX 47 I. YOUNTVILLE,CALIFORNIA 94599 (707)944-5500 CEQA Filing Fee No Effect Determination Form i. i Applicant Name: County of Contra Costa Date Submitted: February 27,, 2007 Community Development Department Applicant Address: 2530 Arnold Drive, Suite 190, Martinez, CA 94553 Project Name: Inclusionary Housing Ordinance Revision I. CEQA Lead Agency: Contra Costa County CEQA Document Type: Neg Dec SCH Number and/or local agency'ID Number: N/A I Project Location: Unincorporated Contra Costa County Brief Project Description: The Inclusionary Housing Ordinance requires new residential projects to either designate a certain percentage of project units' as affordable units or, in certain cases, pay a calculated ih4ieu fee amount, per the requirements of the ordinance. The ordinance also allows the options for some alternatives to production of housing on-site, and provides some incentives to facilitate the inclusion of affordable housing units as required by the ordinance. The revision to the Ordinance clarifies that developers,are entitled to a 15 percent density bonus to mitigate the financial impacts of providing the affordable units. Individual projects subject to the Ordinance will go through separate CEQA reviews and the individual projects impact on fish and.game will be analyzed . Determination: Based on a review.of the Project as proposed, the Department of Fish and Game has determined that for purposes of the assessment of CEQA filing fees [F&G Code 711.4(c)] the project has no potential effect on'fish, wildlife and habitat and the project as described does not require payment of a CEQkfiling fee. This determination does not in any way imply that the project is exempt from CEQA and does not determine the significance of any potential project effects evaluated pursuant to CEQA. I! Please retain this original determination for your records; you are required to file a copy of this determination with the County Clerk after your project is approved and at tIhe time of filing of the CEQA lead agency's Notice of Determination (NOD). If you d,6 not file a copy of this determination with the County Clerk at the time of filing of the NOD, the appropriate CEQA filing fee will be due and payable. j i I. i I . j Contra Costa County March 2, 2007 Page 2 Without a valid No Effect Determination Form or proof of fee payment, the project will not be operative, vested, or final, and any local permits issued for the project will be invalid, pursuant to Fish and Game Code Section 711.4(c)(3). DFG Approval By: �,;, /;': ;,�r i,•_C';t--E�-r� Date: March 2, 2007 1_,.07-harles ArrTibr Acting Regional Manager i. I i I I i i ALL DISTRICTS REVISION TO THE RESIDENTIAL DENSITY BONUS AND INCLUSIONARY HOUSING' ORDINANCES CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT COUNTY FILE: #ZT06-0005 A REQUEST TO REVISE THE EXISTING RESIDENTIAL DENSITY BONUS AND INCLUSIONARY HOUSING ORDINANCE ; i Board of Supervisors Contra Costa County July 10, 2007—9:30 am / ' I "Contra Costa Times Legals" To "'Emelda Sharp"'<EShar@cob.cccounty.us> :. <cctlegals@cctimes.com> cc 07/03/2007 07:51 AM Please respond to bcc <cctlegals@cctimes.com> Subject RE: HEARING TO REVISE TITLE 8, DIVISION 822. I Good morning Emelda, This notice is scheduled as requested in the CCT for 7/14 . , I Our ad number is 2428031. I ,$65.80; will be billed to your account #2004197. I Please reference your account number when submitting a legal notice for ;• publication. Thank you, Jennifer Valahu Contra Costa Times - Concord Transcript - Lamorinda Sun i Legal Advertising Coordinator (925) 943-8019 (925) 943-8359 - fax cctlegals@cctimes.com -----Original Message----- From: Emelda Sharp [mailto:EShar@cob.cccounty.us] Sent: Monday, July 02, 2007 2 :14 PM To: cctlegals@cctimes.com 6 Subject: HEARING TO REVISE TITLE 8, DIVISION 822 I Dear Jennifer, Please publish the- above Hearing on your Contra Costa Times, j RE: Hearing to Revise Title 8, Division 822 of the County Code and adopt Ordinance No. 2007-28, on July 14, 2007, under our REF NO. 2079. Thanks for your attention. (See attached file: HEARING TO REVISE TITLE 8, DIVISION 822 .doc) I Board Of Supervisors I 651 Pine Street, Rm. 106 �• Martinez, CA I Phone No. Main Line 925-335-1900 Direct Line 925-335-1903 Fax No. 925-335-1913 Emelda L. Sharp Clerk of the Board �• I, I I. I. Emelda Sharp/COB/CCC To cctlegals@cctimes.com i e 07/02/2007 02:07 PM cc i .4 bcc Subject HEARING TO REVISE TITLE 8, DIVISION 822 Dear Jennifer, i' I Please publish the above Hearing on your Contra Costa Times, RE: Hearing to Revise Title 8, Division 822 of the County Code and adopt Ordinance No. 2007-28, on July 14, 2007, under our REF NO. 2079. I. Thanks for your attention. W11 Ifl i HEARING TO REVISE TITLE 8, DIVISION 822.doc i Board Of Supervisors i 651 Pine Street, Rm. 106 i. Martinez, CA I Phone No. Main Line 925-335-1900 Direct Line 925-335-1903 Fax No. 925-335-1913 I . Emelda L. Sharp Clerk of the Board j I i I I I I i it i i� I. j. i ; I ,�`�r'• ham,_!`_-0�, �' LEGAL PUBLICATION RE UISITION' R _ Q i Contra Costa County FROM: Clerk of the Board TO: Contra Costa Times 651 Pine St., Room 106 P.O. Box 4718 Pine Street, Martinez 94553 Walnut Creek, CA 94596 E-MAIL: cctlegals0cctimes.com FAX No. .925-943-8359 i. Requested by: EMY L. SHARP Date: JULY-02) 2007 I. Phone No.: 925-335-1903 Reference No.: 2079 I' Org.: Sub Object: 2190 Task: SAS Activity: I Publication Date (s) JnY 14, 2007 No. of Pages: (2) LEGAL PUBLICATION HEARING TO REVISE Title 8, Division..822 of -.the County Code and adopt Ordinance No. 2007-28 F; i ..e-mail *** Immediately upon expiration of publication, *** send in one affidavit for each publication in order that the auditor may be authorized to pay you bill. i I' i Authorized Signat is Please confirm (late of publication a c receipt of this fax. { i; I I. I CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT I NOTICE OF PUBLIC HEARING BEFORE THE BOARD OF SUPERVISORS COUNTY OF CONTRA COSTA, CALIFORNIA i r NOTICE IS HEREBY GIVEN that the Board of Supervisors of Contra Costa County will meet in the Board Chambers, Room 107, at 651 Pine Street, Martinez, California, to hold a public hearing on July 24, 2007, at 9:30 a.m. to consider comments of any interested person, either written or oral, to Ordinance Number 2007-28 to revise the density bonus and.inclusionary housing ordinances. (Title 8, Division 822 of the County Code). A copy of Ordinance 2007-28 is on file with the Clerk of the Board of Supervisors, 651 Pine Street, Room 106, Martinez, California and the Community Development Department Summit Center offices, 2530 Arnold Drive, Suite ;190, Martinez, California. r Publication Date(s) July 14 2007 i BY: EMY L. SHARP Deputy i i i I I; I I i i I I j: i I i, p i. I CONTRA COSTA COUNTY i. COMMUNITY DEVELOPMENT DEPARTMENT i i i PUBLICATION RE VEST TO: Chief, Clerk of the Board Attn: Emy Sharp,'Deputy Clerk, Clerk of the Board eshargcob.co.contra-costa.ca.us FROM: Kara Douglas Community Development Department (925) 335-7223 HEARING DATE: July 24, 2007 i i PUBLICATION DATES: July 14, 2007, 2007 and , 2007 I. REQUESTED PUBLISHING PAPER(S): Contra Costa Times i. Do not type below this line — Publication language on following page i is i. i i; i t ! V � N `. N t c- In t' p. \t 6'> CO S co a� IL m N \, N r t. , t, t J � N T 7. N \' p N 'f3 Q -°oma r O cn C5� -d� c: c; ' N U O W U O 111! W U a) W U N W U a) W Lu..--C)4oi'a) c c i c c c U � C) :3 U � U � U ? UD w� Q �t .. .�.€OR ie O Q M O 04 �y� 'a r�... C O NN N N N N N Cyi _ _. Y Oa) co EN M M M M ('� M 0 e L Q cn > O U M 0 cc c c 1 1� ' ' o a) c ;., U U O O D• k'a. � Ln N �, ; -. o o N as G c c I' m '. c c c c c ;c c U LO LO LO w � . CL E LO LO LO o0 >r T- r p N m N O cn ' r■'.. ai (D O a) r : .fir 1 _0 L- m W O L fn 9 i r O IT O O O O (n cn U (a mco v .. .. O U 0) 0) pco U . 4; Cl U Z' Lz La-) F a) m 0 s a) U o i� a) > o Oh4 (n L o U U U O U'C L p U) ''�y . _r_ (A (B O< cnO U c U c 010 O U Oap. . ''f p U .- U v- cnQ ca 02 U F+•:r.•. :,.a , 'O O L a) O +� a' O O L O O �(j O 0-2 (n . wryo y > N # Q) yLr L L U 1 J rL U O .- ' .s Q to U a' U a) c Q) c >s �.� U O c .. ;. _ c c a c v� (D � c �. v�i M rn O a) _:. _v a) .L (a 0) 0) (n 'n _� co W c rn rn rn cn .1C) O e._n.. .•: (B N W Y cB O (O O (O O W:r- W Y N 7 a gryp','. .I;'.#: (n Q Q a) ca c0 O rr .. Orr I L (67 (6 (a O 1 O 00 a) N W �O c_ a N 'O (� 'C a) O c'p c IZ >, 70(B C a) k�'aP�yF'.''.7...x a G J a O N LL L U L U -C C) L.L Q IL N O c to >O_ m O N a) (D N a) a) m i. ' �,; a) U) c >, c O c O U o O Q c >, C (n L w „':k& =rL Q 0 L U O (6 O t, O O U N Or O m U (� ',a *'- ' cC — _O a) L U m U (� U (C L O L U. O U Co Q > 7 $k c C, Z Q L O (C O �, O C O (U O Oi a U ` 0 c 0) �i _ U U c N N O O a) •+ -'' . N �, N :_ c a) 0) () 0) cB ca 0) O O 0)} U a) W x.'. O M _ (n o a m c c o c cn c cn c c c..TN c > w 4: (� MCL D L •L yr L yr 'L (O L 0 L O Q CU 0 lw 'e, R3 0 7 * U N O a) .(� a) U O a) U O a) (� a) (p N .L In Qom 2D 2UU 2U2 2u.. 2 -1 2Q WI Cc o co ,y'A�";'it%•. M co M M E M E ME ME M E M, E ME LL O O O r F 0') O O O O O O O O O O O a) O O Wa ro I: HEARING CONFIRMATION FORM I Hearing Date: July 24, 2007 I Name/Number of Person Requesting Hearing: Kara Douglas x57223 Hearing Date Confirmed with: FAXED to Emy Sharp at 335-191.3 of Clerk of the i Board Staff on: June 20, 2007 Agenda Language (how it will read on the calendar): HEARING to consider Ordinance 2007-_which revises Tifle 8, Division 822 of thel'. County Code related to density bonus and inclusionary housing, hear and consider public comments on the proposed revisions, determination of enviromnental impact, acceptance of Planning Commission resolution, and adoption of Ordinance 2007- 28 i 1. Anticipated length of hearing: 5 minutes or less or more 10 minutes I 2. Is it controversial? Yes No_X i 3. Noticing Requirements/Code Section: GC 6061 I 4. Publication Requirement's No. of times-1_; No. of days before hearing_10 !and I 5. Who is to Publish-the Notice? COB—X— CDD 6. If posting of notice is required, who will post? N/A 7. If mailing the notice is required, who will provide the clerk with the correct mailing list and labels?N/A !' •� i 8. When will this "fix hearing item" be listed on the Board agenda as a consent item? N/A–This ordinance will be adopted when it is heard. j i; j. I I i i 1. I j I