HomeMy WebLinkAboutMINUTES - 12072004 - D.4 �r
TO: BOARD OF SUPERVISORS r'
Contra
Costa
FROM: Dennis M. Ba ',AICD
CountyCommunity Development Director -`
{sG,s�"�-C;Utz•" -
DATE: December 7, 2004
SUBJECT: Public Hearing on the Recommendation of the County Planning Commission on Proposed Revisions to
the Residential Density Bonus Ordinance,Contra Costa Ordinance Code, Chapter 822-2 (County File#
ZT04-0001)
SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) &BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. OPEN the public hearing and receive testimony on the attached ordinance, Ordinance No. 2004-45,which revises the
Residential Density Bonus Ordinance.
2. CLOSE the public hearing.
3. ADOPT the Addendum to the Negative Declaration of Environmental Significance for the project and FIND that the
Negative Declaration is adequate and in compliance with the California Environmental Quality Act.
4. APPROVE the findings contained in County Planning Commission Resolution No. 26-2004,which recommends
adoption of the ordinance, as the basis for the Board's action.
5. ADOPT Ordinance No. 2004-45.
CONTINUED ON ATTACHMENT: X YES SIGNATURE: �p
RECOMMENDATION OF COUNTY ADMINISTRATOR CMENDATI OF BOARD COMM EE
APPROVE OTHER 7
1
SIGNATURE(S):
ACTION OF
BOARD ON r APPROVED AS RECOMMENDED 03pllil
If
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS(ABSENT Coo TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON TFIEIIATE SHOWN.
Contact: Kara Douglas, 335-1253 ATTESTED
Orig: Community Development JOHN SWEETEN, CLERK
cc: County Administrator OF THE BOARD OF SUPERVISORS
County Counsel AND COU TY ADMINISTRATOR
Auditor-Controller
BY DEPUTY
1
6. DIRECT the Director of Community Development to file a Notice of Determination and a Certificate of Fee
Exemption: De Minimis Impact Finding with the County Clerk.
FISCAL IMPACT
Minor costs may be borne by the Community Development Department during the pre-application phase; however, it is
expected that many or most of the candidate projects will formally use the fee based pre-application review program.
Costs of processing an application for permits and entitlements will include the cost of, among other things,the staff costs
of density bonus processing.
CEO COMPLIANCE
Staff has determined that the revisions to the Density Bonus Ordinance constitute minor technical changes and additions
to the Ordinance and Negative Declaration adopted in 2001;therefore an Addendum to the Negative Declaration has been
prepared.
BACKGROUND/REASONS FOR RECOMMENDATIONS
On April 10, 2001, the Board of Supervisors adopted County Ordinance No. 2001-06, Residential Density Bonus. The
ordinance requires the provision of incentives for the production of affordable housing for very-low income,lower-income and
senior households,including specifically the approval by local government of a density bonus of at least 25 percent to housing
developers who agree to construct at least 20 percent of allowable units for lower-income households, 10 percent for very-low
income households,or 50 percent of the units for senior citizens.The units targeted to very-low or lower income households
must remain affordable for at least ten years. If the jurisdiction provides one or more incentives in addition to the density
bonus,or an equivalent financial incentive in lieu of a density bonus and additional incentive,the developer must agree to a
30-year term of affordability for the target units.
The revised ordinance requires the County to grant,in addition to a density bonus,the concession or incentive proposed by an
applicant for an eligible housing development unless the County makes a written finding that the incentive is not required to
provide for affordable housing costs or that it would have an adverse impact on public health and safety,the environment,or a
historic site or building.The revised ordinance also provides that an applicant for a condominium development is eligible for a
density bonus and at least one concession or incentive if the applicant proposes to construct 20 percent of the units for
moderate income households.The ordinance further requires the County to grant an additional density bonus or an additional
concession or incentive if an applicant for an eligible housing development proposes to include a child care facility that will be
located on or adjacent to the development.
The proposed revised 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 revised ordinance has been reviewed by County
Counsel. The Ordinance applies to the residentially designated districts of the unincorporated areas of the County only.
On July 27, 2004,the County Planning Commission recommended the adoption of the revisions to the Residential
Density Bonus Ordinance as well as the Addendum to the Negative Declaration prepared for the revised Residential
Density Bonus Ordinance in compliance with the California Environmental Quality Act.
Recently,the governor signed SB 1818 into law. This legislation is effective on January 1, 2005, and introduces
significant changes to the Density Bonus Ordinance. Staff will work with County Counsel to incorporate the changes into
the existing ordinance.
KD HASara\Misc\Density Bonus\sara-densitybonusbo.doc
I
Attachments:
A. County Planning Commission Resolution No. 26-2004
B. Revised Residential Density Bonus Ordinance
C. CA Government Code 65915 (density bonus law)
D. Staff Report to the County Planning Commission without attachments
E. Notification List
F. De Minimus Impact Finding
G. Notice of Determination
KD H:\Sara\Misc\Density Bonus\sara-densitybonusbo.doc
ATTACHMENT"A"
COUNTY PLANNING COMMISSION
CONTRA COSTA COUNTY
STATE OF CALIFORNIA
RESOLUTION NO 26-2004
RESOLUTION OF THE COUNTY PLANNING COMMISSION OF THE
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, INCORPORATING
RECOMMENDATION ON THE PROPOSED REVISIONS TO THE
RESIDENTIAL DENSITY BONUS ORDINANCE, CONTRA COSTA COUNTY
ORDINANCE CODE, CHAPTER 822-2, County File#ZT 04-0001
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, the revisions to the Residential Density Bonus Ordinance will apply to the
unincorporated area of Contra Costa County, and adoption of the Ordinance will bring
Contra Costa County into compliance with Government Code 65915; and
WHEREAS, after notice was lawfully given, a public hearing was scheduled before the
County Planning Commission on Tuesday,July 27, 2004, where all persons interested
might appear and be heard; and
WHEREAS, on Tuesday, July 27, 2004, 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 the Addendum to the Negative
Declaration prepared for the revised Residential Density Bonus 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 the proposed revised Residential Density Bonus
Ordinance, Contra Costa Ordinance Code, Chapter 822-2, with the maximum flexibility
allowed by State law as confirmed by County Counsel.
BE IT FURTHER RESOLVED that the direction to prepare this resolution was given by
the County Planning Commission at its meeting of January 23, 2001 by the following
vote:
AYES: Commissioners—Battaglia, Wong, Mehlman, Snyder, Gaddis,
Terrell, Clark
NOES: Commissioners—
ABSENT: Commissioners—
ABSTAIN: Commissioners—
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.
Len Battaglia, Chair
County Planning Commission
County of Contra Costa
State of California
I,Dennis M. Barry, Secretary of the County Planning Commission certify that the
forgoing was duly called and approved on July 27, 2004.
Dennis M. Barry
Secretary of the County Pla ing Commission
County of Contra Costa
State of California
DWkd
\\fs-cd\users$\swelch\Sara\Misc\Density Bonus\CPC Reso 3-2001.doc
ORDINANCE NO. 2004-45
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 an additional concession or incentive for a housing development that meets
certain requirements. This ordinance requires the County to grant, in addition to a density bonus, the
concession or incentive proposed by an applicant for an eligible housing development unless the County
makes a written finding that the incentive isnot required to provide for affordable housing costs or that it
would have an adverse impact on public health and safety,the environment, or a historic site or building.
This ordinance also provides that an applicant for a condominium development is eligible for a density
bonus and at least one concession or incentive if the applicant proposes to construct 20 percent of the units
for moderate income households. This ordinance further requires the County to grant an additional density
bonus or an additional concession or incentive if an applicant for an eligible housing development proposes
to include a child care facility that will be located on or adjacent to the development. This ordinance also
reorganizes the existing Residential Density Bonus Ordinance.
SECTION II.Division 822 is repealed in its entirety and is replaced by new Division 822, added by
Section III of this ordinance.
SECTION III. Division 822 is added to the County Ordinance Code,to read:
DIVISION 822
RESIDENTIAL DENSITY REGULATIONS
Chapter 822-2
RESIDENTIAL DENSITY BONUS
Article 822-2.2
General
822-2.202. Title. This chapter is known and maybe cited as the Residential Density Bonus Ordinance.
(Ords. 2004-45 § 3, 2001-06 § 2.)
822-2.204 Purposes. The purposes of this chapter are to provide incentives for the production of
ORDINANCE NO. 2004-45
- 1 -
housing for very low income, lower income,moderate income, or senior households; to facilitate the
development of affordable housing; to implement the goals, objectives, and policies of the County General
Plan's Housing Element; and to establish procedures for complying with Government Code section 65915.
(Ords. 2004-45 § 35 2001-06 § 2.)
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"means,pursuant to Government Code section 65915(h)(4), a child care facility
other than a family day care home, including,but not limited to, infant centers,preschools, extended
day care facilities, and school-age child care centers.
(d) "Concession or incentive"means,pursuant to Government Code section 65915(k), any of the
following:
(1) A reduction in site development standards or a modification of zoning code requirements or
architectural design requirements that exceed the minimum building standards approved by
the California Building Standards Commission as provided in Health and Safety Code
sections 18901 et seq., including, but not limited to:
ORDINANCE NO. 2004-45
- 2 -
(A) Reduced minimum lot sizes and/or dimensions.
(B) Reduced minimum lot setbacks.
(C) Increased maximum lot coverage.
(D) Increased maximum building height and/or stories.
(E) Reduced on-site parking standards, including the number or size of spaces and
configuration.
(F) Reduced minimum building separation requirements.
(G) Alternate standards and design for road and streetscapes.
(2) Approval of mixed use zoning in conjunction with the housing project if commercial, office,
industrial, or other land uses will reduce the cost of the housing development and if the
commercial, office, industrial, or other land uses are compatible with the housing project
and the existing or planned development in the area where the proposed housing project
will be located.
(3) Other regulatory incentives or concessions proposed by the developer or the County that
result in identifiable and actual cost reductions.
(e) "Condominium project"has the meaning set forth in Civil Code section 13 51(f), for persons and
families of moderate income as defined in Health and Safety Code section 50093.
(f) "Density bonus"means,pursuant to Government Code section 65915(g), either of the following:
(1) For non-condominium housing developments, a minimum density increase of at least 25
percent over the otherwise maximum residential density under the Land Use Element of the
Contra Costa County General Plan and applicable zoning unless a lesser percentage is
elected by the developer.
(2) For condominium projects, a minimum density increase of at least 10 percent over the
otherwise maximum residential density under the Land Use Element of the Contra Costa
County General Plan and applicable zoning unless a lesser percentage is elected by the
developer.
(9) "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
ORDINANCE NO. 2004-45
- 3 -
chapter that exceed the otherwise maximum residential density for the development site.
"Development standard"has the meaning set forth in Government Code section 65915(o)(1).
{j} "Directorlp')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. {turd. 2001-06, § 2.)
(1) "Housing development"means,pursuant to Government Code section 65915(i),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. The income limit for lower income households in
Contra Costa County is 80 percent of the area median income.
(n) "Maximum residential density"means 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.
(p) "No'n-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 under Civil Code section 51.3.
{r) "Senior citizen housing"means a housing development consistent with the California Fair
Employment and Housing Act(Government Code sections 12900 et. seq., including 12955.9),
which has been"designed to meet the physical and social needs of senior citizens,"and which
otherwise qualifies as"housing for older persons"as that phrase is used in the federal Fair Housing
ORDINANCE NO. 2004-45
- 4 -
Amendments Act of 1988 (42 U.S.C. §§ 3601 et seq., 3607), and implementing regulations (24
C.F.R. 100 et seq.), and as 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. The income limit for very low income households in
Contra Costa County is 50 percent of the area median income. (Ords. 2004-45 § 3, 2001-06 §
2.)
Article 822-2.4
Density Bonuses
822-2.402 Granting.
(a) The County shall either grant a density bonus and at least one concession or incentive, or provide
other concessions or incentives of equivalent financial value(based upon the land cost per dwelling
unit), when the applicant for a housing development agrees or proposes to construct at least any
one of the following:
(1) Ten percent of the total dwelling units for very low income households.
(2) Twenty percent of the total dwelling units for lower income households.
(3) Fifty percent of the total dwelling units for qualifying residents.
(4) Twenty percent of the total dwelling units in a condominium project for moderate income
households.
(b) 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. (Ords. 2004-45 § 3, 2001-06 § 2.)
822-2.404 Number of Density Bonus Units.
(a) In determining the minimum number of density bonus units to be granted pursuant to this chapter,
ORDINANCE NO. 2004-45
- 5 -
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.
(b) When calculating the number of permitted density bonus units, any fractions of units shall be
rounded up to the next larger integer. (Ords. 2004-45 § 3, 2001-06 § 2.)
822-2.406 Number of Target Units.
(a) In determining the number of target units to be provided pursuant to this chapter, the maximum
residential density shall be multiplied by 0.10 where very low income households are targeted,by
0.20 where lower income households are targeted,by 0.20 where moderate income households
within condominium projects are targeted, or by 0.50 where senior citizen housing is targeted. The
density bonus units shall not be included when determining the total number of target units in the
housing development. When calculating the required number of target units, any resulting decimal
fraction shall be rounded to the next larger integer.
(b) In cases where a density increase of less than 25 percent is requested for non-condominium
projects or a density increase of less than 10 percent is requested for condominium projects,no
reduction will be allowed in the number of target units required. In cases where a density increase
of more than 25 percent is requested for non-condominium projects or a density increase of more
than 10 percent is requested for condominium projects, the requested density increase, if granted,
shall be considered another concession or incentive. (Ords. 2004-45 § 3,2001-06 § 2.)
822-2.408 Maximums.
(a) An applicant is entitled to one density bonus and one concession or incentive under the following
circumstances:
(1) Where the applicant agrees to construct more than 20 percent of the total units for lower
income households.
(2) Where the applicant agrees to construct more than 10 percent of the total units for very low
income households.
(3) Where the applicant agrees to construct more than 20 percent of the total units for
moderate income households in a condominium project.
(4) Where the applicant agrees to construct senior citizen housing with more than 50 percent of
ORDINANCE NO. 2004-45
- 6 -
the units reserved for qualifying residents.
(b) An applicant who agrees to construct 20 percent of the total units for lower income households and
10 percent of the total units for very low income households is entitled to one density bonus and
two concessions or incentives.
(c) The County may grant multiple additional concessions or incentives to facilitate the inclusion of
more target units than are required by this chapter. (Ords. 2004-45 § 3,2001-06 § 2.)
822-2.410 Time Periods of Affordability. Target units shall remain restricted and affordable to the
designated group for a minimum period of 10 years for condominium projects and 30 years for all other
housing developments. A longer period of time maybe specified if required by the construction or
mortgage financing assistance program,mortgage insurance program, or rental subsidy program. (Ords.
2004- § 39 2001-06 § 2.)
822-2.412 Determining Affordability. In determining the maximum affordable rent or affordable sales
price of target units,the following household and unit size assumptions shall be used, unless the housing
development is subject to different conditions imposed by other governmental regulations:
Single-room occupancy unit(residential hotel) 75% of 1 person
0 bedroom(studio) 1 person
1 bedroom 2 persons
2 bedroom 3 persons
3 bedroom 4 persons
4 bedroom 6 persons
(Ords. 2004-45 § 3, 2001-06 § 2.)
822-2.414 Child Care Facilities.
(a) When an applicant proposes to construct a housing development and includes a child care facility
that will be located on the premises of, as part of, or adjacent to,the project, the County shall
grant either of the following:
(1) An additional density bonus that is an amount of square feet of residential space that is
equal to or greater than the amount of square feet in the child care facility.
(2) An additional concession or incentive that contributes significantly to the economic
feasibility of the construction of the child care facility.
ORDINANCE NO. 2004-45
- 7 -
(b) The County will require, as a condition of approving the development with a child care facility,
that the following occur:
(1) The child care facility shall remain in operation for a period of time that is as long as or
longer than the longest period of time during which the density bonus units are required to
remain affordable pursuant to section 822-2.410.
(2) Of the children who attend the child care facility, the children of very low income
households, lower income households, or moderate income households shall equal a
percentage that is equal to or greater than the percentage of dwelling units that are
required for very low income households, lower income households, or moderate income
households pursuant to section 822-2.402. (Ords. 2004-45 § 3, 2001-06 § 2.)
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) An applicant may seek a waiver or modification of development or zoning standards and if so,
shall 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. 2004-45 § 3,2001-06 § 2.)
822-2.604 Processing. 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. A housing
development application that includes a request for a concession or incentive must include the specific
concession or incentive(s)requested. (Ords. 2004-45 § 3, 2001-06 § 2.)
ORDINANCE NO. 2004-45
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. (Ords.
2004-45 § 3, 2001-06 § 2.)
Article 822-2.8
Development Standards
822-2.802 Time of Construction. Target units must be constructed concurrently with non-restricted units
unless the County and developer agree within the density bonus housing agreement to an alternative
schedule for development. (Ords. 2004-45 § 3, 2001-06 § 2.)
822-2.804 Availability. The first target unit shall be made available for occupancy not later than the time
at which the first non-targeted dwelling unit of the housing development is available for occupancy. (Ords.
2004-45 § 33, 2001-06 § 2.)
822-2.806 Design. Except as provided in section 822-2.'808,target units shall be built on-site and
dispersed throughout the housing development wherever feasible. In addition,the number of bedrooms of
the target units shall be equivalent to the bedroom mix of the non-target units of the housing development,
except that the developer may include a higher proportion of target units with more bedrooms. The design
and appearance of the target units shall be compatible with the design of the total housing development.
(Ords. 2004-45 § 3, 2001-06 § 2.)
822-2.808 Alternate Location. Circumstances may arise in which the public interest would be served by
allowing some or all of the target units associated with one housing development to be constructed and
ORDINANCE NO. 2004-45
- 9 -
operated at an alternative development site. In appropriate cases,, the developer and the County may enter
into a written agreement to permit target units to be constructed and operated at a designated alternative
development site. The resulting developments shall be considered a single housing development for
purposes of this chapter. Under these circumstances, when the target units are to be provided on the
alternative site,, the developer is subject to the same requirements of this chapter. (Ords. 2004-45 § 3,
2001-06 § 2.)
822-2.810 Compliance. Housing developments shall comply with all applicable development standards,
except those that may be modified as provided by this chapter. (Ords. 2004- § 3, 2001-06 § 2.)
Article 822-2.10
Density Bonus Housing Agreement
822-2.1002 Execution of Agreement.
(a) Applicants or developers requesting a density bonus shall sign a density bonus housing
agreement. The agreement shall be in a form provided by the director. The director shall submit
the proposed agreement to the board of supervisors for approval on behalf of the County.
(b) Following execution of the agreement,the completed density bonus housing agreement will be
recorded. The conditions from the agreement shall be filed and recorded on the parcel or parcels
designated for the construction of target units. The approval and recordation shall take place
before final map approval, or,where a map is not being processed,before the issuance of
building permits for parcels with target units. The density bonus housing agreement shall be
binding on all future owners and successors in interest and shall so provide in its terms. (Ords.
2004-45 § 31, 2001-06 § 2.)
822-2.1004.Condition of Approval. A density bonus housing agreement shall be made a condition of
approval for all housing development projects that receive a density bonus. (Ords. 2004-45 § 3, 2001-06
§ 2.)
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.
(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.
ORDINANCE NO. 2004-45
- 10 -
(c) The location, unit sizes (in square feet), and number of bedrooms of all units in the development,
including the target units.
(d) Tenure of use restrictions for target units of at least 10 or 30 years, in accordance with 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.
W Other provisions to ensure implementation and compliance with this chapter. {Ords. 2004-45 §
31,2001-06 § 2.)
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 condominium projects, 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 (Gov. Code § 65915 et seq.) and to put subsequent purchasers on notice
of the conditions and terms during the applicable use restriction period. (Ords. 2004-45 § 3,
2001-06 § 2.)
822-2.1010 Rental Housing Development Terms. In the case of rental housing developments,, the
ORDINANCE NO. 2004-45
density bonus housing agreement shall include the following terms and conditions governing the use of target
units during the use restriction period:
(a) The methodology and procedures for qualifying tenants as very low income households, lower
income households, moderate income households, or qualified resident households; for
establishing affordable rent; for filling vacancies; and for maintaining target units for qualified
tenants.
(b) Provisions requiring owners of the rental housing developments to verify tenant incomes and
rents, and maintain books and records in a form approved by the director, to demonstrate
compliance with this chapter.
(c) Provisions requiring owners of the rental housing developments to submit an annual report to the
director. The report must include the name, address, household size, and income of each person
occupying target units identify the number of bedrooms and monthly rent or cost (including utility
allowance) of each target unit. Tenants in rental housing developments shall provide consent to
the owners to allow these disclosures. (Ords. 2004-45 § 3, 2001-06 § 2.)
SECTION IV. 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 December 7, 2004 ,by the following vote.
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
JOHN SWEETEN, Bard Chair
Clerk of the Board of Supervisors
and County A 'strator
0 Is
By: [SEAL]
Deputy
TLG:
HA2004\Community Development\density bonus ord-final.wpd
ORDINANCE NO. 2004-45
- 12 -
ATTACHMENT"C"
Assembly Bill No. 1866
CHAPTER 1062
An act to amend Sections 65583.1, 65852.2, and 65915 of the
Government Code, relating to housing.
[Approved by Governor September 29,2002.Filed
with Secretary of State September 29,2002.]
LEGISLATIVE COUNSEL'S DIGEST
AB 1866, Wright. Housing: density bonuses.
(1) The Planning and Zoning Law requires the housing element of the
general plan of a city or county,among other things,to identify adequate
sites for housing, including rental housing, factory-built housing, and
mobilehomes, and to make adequate provision for the existing and
projected needs of all economic segments of the community. That law
permits the Department of Housing and Community Development to
allow a city or county to identify adequate sites by a variety of methods.
This bill would authorize the department to also allow a city or county
to ideiitify sites for 2nd units based upon relevant factors, including the
number of 2nd units developed in the prior housing element planning
period.
(2) The Planning and Zoning Law authorizes a local agency to
provide by ordinance for the creation of 2nd units on parcels zoned for
a primary single-family and multifamily residence, as prescribed.
This bill would require, when a local agency receives its first
application on or after July 1, 2003, that the application shall be
considered ministerially without discretionary review or hearing,
notwithstanding other laws that regulate the issuance of variances or
special use permits.
The bill would authorize a local agency to charge a fee to reimburse
the agency for costs it incurs as a result of these provisions.
(3) The Planning and Zoning Law also requires,when a developer of
housing proposes a housing development within the jurisdiction of the
local government, that the city, county, or city and county provide the
developer with incentives or concessions for the production of lower
income housing units within the development if the developer meets
specified requirements. Existing law requires the local government to
establish procedLues for carrying out these provisions.
This bill would revise those provisions to refer to an applicant who
proposes a housing development and would recast them to,among other
things, revise criteria for making written findings that a concession or
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Ch. 1062 2
incentive is not required, add criteria for continued affordability of
housing in a condominium project, authorize an applicant to request a
meeting on its proposal for a specific density bonus, incentive, or
concession or for the waiver or reduction of development standards,and
exempt developments meeting certain affordability criteria from
specified laws.By increasing the duties of local public officials,the bill
would impose a state-mandated local program.
The bill would also authorize an applicant to initiate judicial
proceedings if the city, county, or city and county refuses to grant a
requested density bonus,, incentive, or concession in violation of these
provisions, and would require the court to award the plaintiff reasonable
attorney's fees and costs of suit. It would authorize a local agency to
charge a fee to reimburse it for costs that it incurs as a result of these
provisions.
(4) The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
The people of the State of California do enact as follotills:
SECTION 1. Section 65583.1 of the Government Code is amended
to read:
65583.1. (a) The Department of Housing and Community
Development, in evaluating a proposed or adopted housing element for
compliance with state law, may allow a city or county to identify
adequate sites, as required pursuant to Section 65583, by a variety of
methods, including, but not limited to, redesignation of property to a
more intense land use category and increasing the density allowed within
one or more categories.The department may also allow a city or county
to identify sites for second Louts based on the number of second units
developed in the prior housing element planning period whether or not
the units are permitted by right, the need for these units in the
community,the resources or incentives available for their development,
and any other relevant factors,as determined by the department.Nothing
in this section reduces the responsibility of a city or county to identify,
by income category,the total number of sites for residential development
as required by this article.
(b) Sites that contain permanent housing units located on a military
base undergoing closure or conversion as a result of action pursuant to
the Defense Authorization Amendments and Base Closure and
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3 Ch. 1062
Realignment Act(Public Law 100-526),the Defense Base Closure and
Realignment Act of 1990(Public Law 101-510),or any subsequent act
requiring the closure or conversion of a military base may be identified
as an adequate site if the housing element demonstrates that the housing
units will be available for occupancy by households within the planning
period of the element. No sites containing housing Emits scheduled or
planned for demolition or conversion to nonresidential uses shall qualify
as an adequate site.
Any city, city and county, or county using this subdivision shall
address the progress in meeting this section in the reports provided
pursuant to paragraph(1)of subdivision(b) of Section 65400.
(c) (1) The Department of Housing and Community Development
may allow a city or county to substitute the provision of units for up to
25 percent of the community's obligation to identify adequate sites for
any income category in its housing element pursuant to paragraph(1)of
subdivision (c) of Section 65583 if the community includes in its _
housing element a program committing the local government to provide
units in that income category within the city or county that will be made
available through the provision of committed assistance during the
planning period covered by the element to low- and very low income
households at affordable housing costs or affordable rents,as defined in
Sections 50052.5 and 50053 of the Health and Safety Code, and which
meet the requirements of paragraph(2).Except as otherwise provided in
this subdivision, the community may substitute one dwelling unit for
one dwelling unit site in the applicable income category. The program
shall do all of the following:
(A) Identify the specific, existing sources of committed assistance
and dedicate a specific portion of the funds from those sources to the
provision of housing pursuant to this subdivision.
(B) Indicate the number of units that will be provided to both low-and
very low income households and demonstrate that the amount of
dedicated funds is sufficient to develop the units at affordable housing
costs or affordable rents.
(C) Demonstrate that the units meet the requirements of paragraph
(2).
(2) Only units that comply with subparagraph(A),(B), or(C) qualify
for inclusion in the housing element program described in paragraph(1),
as follows:
(A) Units that are to be substantially rehabilitated with committed
assistance from the city or county and constitute a net increase in the
community's stock of housing affordable to low- and very low income
households. For purposes of this subparagraph, a unit is not eligible to
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Ch. 1062 4
be"substantially rehabilitated"unless all of the following requirements
are met:
(i) At the time the unit is identified for substantial rehabilitation, (I)
the local government has determined that the unit is at imminent risk of
loss to the housing stock, (II) the local government has committed to
provide relocation assistance pursuant to Chapter 16(commencing with
Section 7260) of Division 7 of Title 1 to any occupants temporarily or
permanently displaced by the rehabilitation or code enforcement
activity,(III)the local government requires that any displaced occupants
will have the right to reoccupy the rehabilitated units,and(Iv)the unit
has been cited and found by the local code enforcement agency or a court
to be unfit for human habitation and vacated or subject to being vacated
because of the existence for not less than 120 days of four of the
conditions listed in subdivisions (a)to(g),inclusive,of Section 17995.3
of the Health and Safety Code.
(ii) The rehabilitated unit will have long-term affordability covenants
and restrictions that require the unit to be available to,and occupied by,
persons or families of low- or very low income at affordable housing
costs for at least 20 years or the time period required by any applicable
federal or state law or regulation, except that if the period is less than 20
years,only one unit shall be credited as an identified adequate site for
every three units rehabilitated pursuant to this section,and no credit shall
be allowed for a unit required to remain affordable for less than 10 years.
(iii) Prior to initial occupancy after rehabilitation, the local code
enforcement agency shall issue a certificate of occupancy indicating
compliance with all applicable state and local building code and health
and safety code requirements.
(B) Units that are located in a multifamily rental housing complex.of
16 or more units,are converted with.committed assistance from the city
or county from nonaffordable to affordable by acquisition of the unit or
the purchase of affordability covenants and restrictions for the unit, are
not acquired by eminent domain, and constitute a net increase in the
community's stock of housing affordable to low-and very low income
households. For purposes of this subparagraph, a unit is not converted
by acquisition or the purchase of affordability covenants unless all of the
following occur:
(i) The unit is made available at a cost affordable to low-or very low
income households.
(ii) At the time the unit is identified for acquisition, the unit is not
available at a cost affordable to low-or very low income households.
(iii) At the time the unit is identified for acquisition the unit is not
occupied by low-or very loin income households.
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7 Ch. 1062
of units for which committed assistance was not provided. If a city or
county does not amend its housing element to identify adequate sites to
address any shortfall,or fails to complete the rehabilitation,acquisition,
purchase of affordability covenants,or the preservation of any housing
unit within two years after committed assistance was provided to that
unit, it shall be prohibited from identifying units pursuant to
subparagraph(A), (B), or(C) of paragraph(2) in the housing element
that it adopts for the next planning period, as defined in Section 65588,
above the number of units actually provided or preserved due to
committed assistance.
SEC. 2. Section 65852.2 of the Government Code is amended to
read:
65852.2. (a) (1) Any local agency may,by ordinance,provide for
the creation of second units in single-family and multifamily residential
zones. The ordinance may do any of the following:
(A) Designate areas within the jurisdiction of the local agency where
second units may be permitted.The designation of areas may be based
on criteria,that may include,but are not limited to,the adequacy of water
and sewer services and the impact of second units on traffic flow.
(B) Impose standards on second units that include,but are not limited
to, parking, height, setback, lot coverage, architectural review,
maximum size of a unit, and standards that prevent adverse impacts on
any real property that is listed in the California Register of Historic
Places.
(C) Provide that second units do not exceed the allowable density for
the lot upon which the second unit is located, and that second units are
a residential use that is consistent with the existing general plan and
zoning designation for the lot.
(2) The ordinance shall not be considered in the application of any
local ordinance,policy, or program to limit residential growth.
(3) When a local agency receives its first application on or after July
1, 2003,for a permit pursuant to this subdivision,the application shall
be considered ministerially without discretionary review or a hearing,
notwithstanding Section 65901 or 65906 or any local ordinance
regulating the issuance of variances or special use permits.Nothing in
this paragraph may be construed to require a local government to adopt
or amend an ordinance for the creation of second units.A local agency
may charge a fee to reimburse it for costs that it incurs as a result of
amendments to this paragraph enacted during the 2001-02 Regular
Session of the Legislature,including the costs of adopting or amending
any ordinance that provides for the creation of second units.
(b) (1) when a local agency which has not adopted an ordinance
governing second units in accordance with subdivision(a)or(c)receives
90
Ch. 1062 S
its first application on or after July 1, 1983,for a permit pursuant to this
subdivision, the local agency shall accept the application and approve or
disapprove the application ministerially without discretionary review
pursuant to this subdivision unless it adopts an ordinance in accordance
with subdivision (a) or (c) within 120 days after receiving the
application. Notwithstanding Section 65901 or 65906, eveiy local
agency shall grant a variance or special use permit for the creation of a
second unit if the second unit complies with all of the following:
(A) The unit is not intended for sale and may be rented.
(B) The lot is zoned for single-family or multifamily use.
(C) The lot contains an existing single-family dwedIliing.
(D) The second unit is either attached to the misting dwelling and
located within the living area of the existing dwelling or detached from
the existing dwelling and located on the sante lot as the existing
dwelling.
(E) The increased floor area of an attached second unit shall not
exceed 30 percent of the existing living area.
(F) The total area of floorspace for a detached second unit shall not
exceed 1,200 square feet.
(G) Requirements relating to height, setback, lot coverage,
architectural review, site plan review, fees, charges, and other zoning
requirements generally applicable to residential construction in the zone
in which the property is located.
(H) Local building code requirements which apply to detached
dwellings, as appropriate.
(I) Approval by the local health officer where a private sewage
disposal system is being used, if required.
(2) No other local ordinance,policy,or regulation shall be the basis
for the denial of a building permit or a use permit under this subdivision.
(3) This subdivision establishes the maximum standards that local
agencies shall use to evaluate proposed second units on lots zoned for
residential use which contain an existing single-family dwelling. No
additional standards, other than those provided in this subdivision or
subdivision (a),shall be utilized or imposed,except that a local agency
may require an applicant for a permit issued pursuant to this subdivision
to be an owner-occupant.
(4) No changes in zoning ordinances or other ordinances or any
changes in the general plan shall be required to implement this
subdivision. Any local agency may amend its zoning ordinance or
general plan to incorporate the policies,procedures,or other provisions
applicable to the creation of second units if these provisions are
consistent with the limitations of this subdivision.
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-9— Ch. 1062
(5) A second unit which conforms to the requirements of this
subdivision shall not be considered to exceed the allowable density for
the lot upon which it is located, and shall be deemed to be a residential
use which is consistent with the existing general plan and zoning
designations for the lot.The second units shall not be considered in the
application of any local ordinance,policy,or program to limit residential
growth.
(c) No local agency shall adopt an ordinance which totally precludes
second units within single-family or multifamily zoned areas unless the
ordinance contains findings acknowledging that the ordinance may limit
housing opportunities of the region and further contains findings that
specific adverse impacts on the public health, safety, and welfare that
would result from allowing second units within single-family and
multifamily zoned areas justify adopting the ordinance.
(d) A local agency may establish minimum and maximum unit size
requirements for both attached and detached second units.No minimum
or maximum size for a second unit, or size based upon a percentage of
the existing dwelling, shall be established by ordinance for either
attached or detached dwellings which does not permit at least an
efficiency unit to be constructed in compliance with local development
standards.
(e) Parking requirements for second units shall not exceed one
parking space per unit or per bedroom. Additional parking may be
required provided that a finding is made that the additional parking
requirements are directly related to the use of the second unit and are
consistent with existing neighborhood standards applicable to existing
dwellings. Off-street parking shall be permitted in setback areas in
locations determined by the local agency or through tandem parking,
unless specific findings are made that parking in setback areas or tandem
parking is not feasible based upon specific site or regional topographical
or fire and life safety conditions,or that it is not permitted anywhere else
in the jurisdiction.
(f) Fees charged for the construction of second units shall be
determined in accordance with Chapter 5 (commencing with Section
66000).
(g) This section does not limit the authority of local agencies to adopt
less restrictive requirements for the creation of second units.
(h) Local agencies shall submit a copy of the ordinances adopted
pursuant to subdivision (a) or (c) to the Department of Housing and
Conununity Development within 60 days after adoption.
(i) As used in this section,the following terms mean:
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Ch. 1062 10
(1) "Living area,"means the interior habitable area of a dwelling unit
including basements and attics but does not include a garage or any
accessory structure.
(2) "Local agency"means a city, county,or city and county,whether
general law or chartered.
(3) For purposes of this section., "neighborhood" has the same
meaning as set forth in Section 65589.5.
(4) "Second unit" means an attached or a detached residential
dwelling unit which provides complete independent living facilities for
one or more persons. It shall include permanent provisions for living,
sleeping, eating, cooling, and sanitation on the same parcel as the
single-family dwelling is situated. A second unit also includes the
following:
(A) An efficiency unit, as defined in Section 17955.1 of Health and
Safety Code.
(B) A manufactured home,as defined in Section 18007 of the Health
and Safety Code.
0) Nothing in this section shall be construed to supersede or in any
way alter or lessen the effect or application of the California Coastal Act
(Division 20(commencing Mth Section 30000)of the Public Resources
Code), except that the local government shall not be required to hold
public hearings for coastal development permit applications for second
units.
SEC. 3. Section 65915 of the Government Code is amended to read:
65915. (a) When an applicant proposes a housing development
within the jurisdiction of a city, county, or city and county, that local
government shall provide the applicant incentives or concessions for the
production of housing units as prescribed in this chapter. All cities,
counties, or cities and counties shall adopt an ordinance that specifies
how compliance with this section will be implemented.
(b) A city,county,or city and county shall either grant a density bonus
and at least one of the concessions or incentives identified in subdivision
0), or provide other incentives or concessions of equivalent financial
value based upon the land cost per dwelling unit,when the applicant for
the housing development agrees or proposes to construct at least any one
of the following:
(1) Twenty percent of the total units of a housing development for
lower income households, as defined in Section 50079.5 of the Health
and Safety Code.
(2) Ten percent of the total units of a housing development for very
low income households,as defined in Section 50105 of the Health and
Safety Code.
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11 Ch. 1062
(3) Fifty percent of the total dwelling units of a housing development
for qualifying residents, as defined in Section 51.3 of the Civil Code.
(4) Twenty percent of the total dwelling units in a condominium
project as defined in subdivision(f) of Section 1351 of the Civil Code,
for persons and families of moderate income, as defined in Section
50093 of the Health and Safety Code.
The city, county, or city and county shall grant the additional
concession or incentive required by this subdivision unless the city,
county, or city and county makes a written finding, based upon
substantial evidence, that the additional concession or incentive is not
required in order to provide for affordable housing costs, as defined in
Section 50052.5 of the Health and Safety Code, or for rents for the
targeted units to be set as specified in subdivision(c).
(c) (1) An applicant shall agree to, and the city, county, or city and
county shall ensure,continued affordability of all lower income density
bonus units 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.Those units targeted for
lower income households, as defined in Section 50079.5 of the Health
and Safety Code, shall be affordable at a rent that does not exceed 30
percent of 60 percent of area median income. Those units targeted for
very low income households,as defined in Section 50105 of the Health
and Safety Code, shall be affordable at a rent that does not exceed 30
percent of 50 percent of area median income.
(2) An applicant shall agree to, and the city,county,or city and county
shall ensure, continued affordability of the moderate-income units that
are directly related to the receipt of the density bonus for 10 years if the
housing is in a condomui imn project as defined in subdivision (f) of
Section 1351 of the Civil Code.
(d) An applicant may submit to a city, county, or city and county a
proposal for the specific incentives or concessions that the applicant
requests pursuant to this section,and may request a meeting with the city,
county,or city and county.The city,county,or city and county shall grant
the concession or incentive requested by the applicant unless the city,
county, or city and county makes a written finding, based upon
substantial evidence, of either of the following:
(1) The concession or incentive is not required in order to provide for
affordable housing costs,as defined in Section 50052.5 of the Health and
Safety Code,or for rents for the targeted units to be set as specified in
subdivision (c).
(2) The concession or incentive would have a specific adverse
impact, as defined in paragraph (2) of subdivision (d) of Section
65 5 S 9.5, upon public health and safety or the physical enviromizent or
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Ch. 1062 12
on any real property that is listed in the California Register of Historical
Resources and for which there is no feasible method to satisfactorily
mitigate or avoid the specific adverse impact without rendering the
development unaffordable to low-and moderate-income households.
The applicant may initiate judicial proceedings if the city, county, or
city and county refuses to grant a requested density bonus,incentive, or
concession.If a court finds that the refusal to grant a requested density
bonus, incentive,or concession is in violation of this section, the court
shall award the plaintiff reasonable attorney's fees and costs of suit.
Nothing in this subdivision shall be interpreted to require a local
government to grant an incentive or concession that has a specific,
adverse impact,as defined in paragraph(2)of subdivision(d)of Section
65589.5,upon health,safety,or the physical environment,and for which
there is no feasible method to satisfactorily mitigate or avoid the specific
adverse impact. Nothing in this subdivision shall be interpreted to
require a local government to grant an incentive or concession that
would have an adverse impact on any real property that is listed in the
California Register of Historical Resources.The city,county,or city and
county shall establish procedures for carrying out this section, that shall
include legislative body approval of the means of compliance with this
section. The city, county, or city and county shall also establish
procedures for waiving or modifying development and zoning standards
that would otherwise inhibit the utilization of the density bonus on
specific sites.These procedures shall include,but not be limited to,such
items as minimum lot size, side of
setbacks,and placement of public
works improvements.
(e) In no case may a city, county, or city and county apply any
development standard that will have the effect of precluding the
construction of a development meeting the criteria of subdivision(b)at
the densities or with the concessions or incentives permitted by this
section.An applicant may submit to a city, county,or city and county a
proposal for the waiver or reduction of development standards and may
request a meeting with the city,county,or city and county.If a court finds
that the refusal to grant a waiver or reduction of development standards
is in violation of this section, the court shall award the plaintiff
reasonable attorney's fees and costs of suit.Nothing in this subdivision
shall be interpreted to require a local government to waive or reduce
development standards if the waiver or reduction would have a specific,
adverse impact,as defined in paragraph(2)of subdivision(d)of Section
655 89.5,upon health,safety, or the physical environment,and for which
there is no feasible method to satisfactorily mitigate or avoid the specific
adverse impact. Nothing in this subdivision shall be interpreted to
require a local goverment to waive or reduce development standards
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13 Ch. 1062
that would have an adverse impact on any real property that is listed in
the California Register of Historical Resources.
(f) The applicant shall show that the waiver or modification is
necessary to make the housing units economically feasible.
(g) (1) For the purposes of this chapter, except as provided in
paragraph(2), "density bonus" means a density increase of at least 25
percent,unless a lesser percentage is elected by the applicant, over the
otherwise maximum allowable residential density under the applicable
zoning ordinance and land use element of the general plan as of the date
of application by the applicant to the city,county,or city and county.All
density calculations resulting in fractional units shall be rounded up to
the next whole number. The granting of a density bonus shall not be
interpreted,in and of itself,to require a general plan amendment,local
coastal plan amendment,zoning change,or other discretionary approval.
The density bonus shall not be included when determining the number
of housing units which is equal to 10,20, or 50 percent of the total.The _
density bonus shall apply to housing developments consisting of five or
more dwelling units.
(2) For the purposes of this chapter,if a development does not meet
the requirements of paragraph(1), (2),or(3)of subdivision(b),but the
applicant agrees or proposes to construct a condomuuum project as
defined in subdivision (f) of Section 1351 of the Civil Code, in which
at least 20 percent of the total dwelling units are reserved for persons and
families of moderate income,as defined in Section 50093 of the Health
and Safety Code, a "density bonus" of at least 10 percent shall be
granted,unless a lesser percentage is elected by the applicant, over the
otherwise maximum allowable residential density under the applicable
zoning ordinance and land use element of the general plan as of the date
of application by the applicant to the city,county, or city and county. All
density calculations resulting in fractional units shall be rounded up to
the next whole number. The granting of a density bonus shall not be
interpreted,in and of itself,to require a general plan amendment,local
coastal plan amendment,zoning change, or other discretionary approval.
The density bonus shall not be included when determining the number
of housing units which is equal to 20 percent of the total.The density
bonus shall apply to housing developments consisting of five or more
dwelling units.
(h) "Housing development," as used in this section, means one or
more groups of projects for residential units constructed in the planned
development of a city, county,or city and county.For the purposes of this
section, "housing development" also includes either (1) a project to
substantially rehabilitate and convert an existing commercial building
to residential use, or (2) the substantial rehabilitation of an existing
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Ch. 1062 14
multifamily dwelling, as defined in subdivision(d)of Section 65863.4,
where the result of the rehabilitation would be a net increase in available
residential units. For the purpose of calculating a density bonus, the
residential units do not have to be based upon individual subdivision
maps or parcels. The density bonus shall be permitted in geographic
areas of the housing development other than the areas where the units for
the lower income households are located.
(i) The granting of a concession or incentive shall not be interpreted,
in and of itself, to require a general plan amendment, local coastal plan
amendment, zoning change, or other discretionary approval. This
provision is declaratory of existing law.
(j) For the purposes of this chapter, concession or incentive means
any of the following:
(1) A reduction in site development standards or a modification of
zoning code requirements or architectural design requirements that
exceed the minimum building standards approved by the California
Building Standards Commission as provided in Part 2.5 (commencing
with Section 18901) of Division 13 of the Health and Safety Code,
including, but not limited to,a reduction in setback and square footage
requirements and in the ratio of vehicular parking spaces that would
otherwise be required.
(2) Approval of mixed use zoning in conjunction with the housing
project if commercial, office,industrial, or other land uses will reduce
the cost of the housing development and if the commercial, office,
industrial,or other land uses are compatible with the housing project and
the existing or planned development in the area where the proposed
housing project will be located.
(3) Other regulatory incentives or concessions proposed by the
developer or the city,county,or city and county that result in identifiable
and actual cost reductions.
This subdivision does not limit or require the provision of direct
financial incentives for the housing development, including the
provision of publicly owned land,by the city,county, or city and county,
or the waiver of fees or dedication requirements.
(k) If an applicant agrees to construct both 20 percent of the total units
for lower income households and 10 percent of the total units for very
low income households, the developer is entitled to only one density
bonus and at least one additional concession or incentive identified in
Section 65913.4 under this section although the city, city and county,or
county may, at its discretion,grant more than one density bonus.
(I) Nothing in this section shall be construed to supersede or in any
way alter or lessen the effect or application of the California Coastal Act
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15 Ch. 1062
(Division 20(commencing with Section 30000)of the Public Resources
Code).
(m) A local agency may charge a fee to reimburse it for costs it incurs
as a result of amendments to this section enacted during the 2001-02
Regular Session of the Legislature.
(n) For purposes of this section,the following definitions shall apply:
(1) "Development standard" means any ordinance, general plan
element, specific plan,charter amendment,or other local condition,law,
policy, resolution, or regulation.
(2) "Maximum allowable residential density" means the density
allowed under the zoning ordinance,or if a range of density is permitted,
means the maximum. allowable density for the specific zoning range
applicable to the project.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article SII B of the California Constitution because a local
agency or school district has the authority to levy service charges,fees,
or assessments sufficient to pay for the program or level of service
mandated by this act, within the meaning of Section 17556 of the
Government Code.
O
90
ATTACHMENT"D"
Agenda Item#2
Community Development Contra Costa County
CONTRA COSTA COUNTY PLANNING COMMISSION
TUESDAY, JULY 27, 2004 7:00 P.M.
I. INTRODUCTION
REVISIONS TO RESIDENTIAL DENSITY BONUS ORDINANCE. County File
#ZT04-0001.This is a County-initiated request to modify the Residential Density Bonus
Ordinance (Density Bonus Ordinance). Staff is seeking a recommendation to the Board
of Supervisors on the proposed ordinance for the unincorporated area of Contra Costa
County. The County currently has a Density Bonus Ordinance (adopted April 10, 2001,
Ordinance No.: 2001-06); however, the ordinance must be revised to incorporate recent
changes set forth in Governmental Code 65915.
Attached to this report are the proposed Density Bonus Ordinance (Attachment A) and
the State density bonus law (Attachment B). Following is a discussion of the proposed
revisions to the Ordinance.
II. RECON MENDATION
Staff recommends the Planning Commission,having considered the previously adopted
Negative Declaration adopted on March 13, 2001 (Attachment C) and the Addendum to
the Negative Declaration (Attachment D), recommend to the Board of Supervisors
approval of the Addendum and Adoption of the revised Density Bonus Ordinance.
III. STAFF DISCUSSION
On April 10, 2001, the Board of Supervisors adopted County Ordinance No. 2001-06,
Residential Density Bonus. The ordinance requires the provision of incentives for the
production of affordable housing for very-low income, lower-incomes and senior
households, including specifically the approval by local government of a density bonus of
at least 25 percent to housing developers who agree to construct at least 20 percent of
allowable units for lower-income households, 10 percent for very-low income
households, or 50 percent of the units for senior citizens. The units targeted to very-low
or lower income households must remain affordable for at least ten years. If the
jurisdiction provides one or more incentives in addition to the density bonus, or an
1 "Lower income"is defined by California Health and Safety Code §50079.5 and means a household
whose income is at or below 80 percent of the area median income(AMI)."Very-low income"is defined in
California Health and Safety Code §50105 and means a household whose income is at or below 50 percent
AMI. These incomes are established by the U.S.Department of Housing and Urban Development(HLJD)
and are specific to"metropolitan statistical areas"throughout the Country.
equivalent financial incentive 2 in lieu of a density bonus and additional incentive, the
developer must agree to a 30-year term of affordability for the target units.
Theproposed revised 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 revised ordinance has been reviewed by County Counsel...The Ordinance
applies to the residentially designated districts of the unincorporated areas of the County
only.
ll
A. Pro-oosed Revisions to the Dens,iy--Bonus Ordinance
Recent changes to Governmental Code Section 65915 require the Density Bonus
Ordinance to be revised to incorporate the following:
1. Provision of Concessions and Incentives
In the current ordinance, a housing developer may request an additional
concession or incentive` to reduce costs associated with the development. Unless
the County makes a written finding that an additional incentive is not warranted to
ensure project feasibility, an incentive must be provided. The revised ordinance
requires the County to grant, in addition to a density bonus, a concession or
incentive proposed by the applicant for an eligible housing development unless
the County makes a written finding that the incentive is not required to provide
for affordable housing costs or that it would have an adverse impact on public
health and safety,the environment, or a historic site or building.
2. Condominium Developments
The current ordinance does not specifically address procedures for the provision
of a density bonus to a condominium development. The revised ordinance allows
for a ten percent density bonus to be provided to a condominium development
where twenty percent of the total dwelling units are made affordable to moderate
income 4 households.
2 If an equivalent financial incentive is provided,it must be a monetary contribution to the development
based upon a land cost per dwelling unit equal in value to either a density bonus and additional incentive or
a density bonus where an additional incentive is not required.
3 Examples of a concession or incentive are a reduction in site development standards or a modification or
zoning code requirements or architectural design requirements,approval of mixed use zoning,or other
regulatory incentives or concessions proposed by the developer or County that result in identifiable and
actual cost reductions.
4 Moderate income households 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 50093.The income for moderate income households in Contra Costa County is 120 percent of the
area median income.
2
3. Affordability Requirements
In the current ordinance, if a density bonus alone is provided, units must remain
affordable to and occupied by the specified household type for a minimum of ten
years. If an additional incentive is provided, the term of required affordability
increases to 30 years. The revised ordinance restricts these units to be affordable
to the designated group for a minimum of 10 years for condominium projects and
30 years for all other housing developments.
4. Child Care Facilities
The current ordinance does not address the issue of on-site child care facilities. In
the revised ordinance, when an applicant proposes to construct a housing
development and includes a child care facility that will be located on the premises
of, as part of, or adjacent to, the project, the County shall grant either an
additional density bonus of residential space in an amount that is equal or greater
to the square footage of the child care facility, or an additional concession or
incentive that contributes significantly to the economic feasibility of the
construction of the facility.
B. GENERAL PLAN
The Density Bonus Ordinance assists the County in implementing the goals, objectives,
and policies of the County General Plan's Housing Element. Program 2.6 of the Housing
Element promotes the use of the County's Density Bonus Policy to provide incentives for
the development of affordable housing.
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:
• Crockett Homes/Crockett — Six units of newly constructed for-sale homes. The
project was financed with County HOME Investment Partnerships Act (HDNM)
funds. Provision of a density bonus resulted in six units that were sold to very-low
income households.
* Crockett Senior Housing/Crockett-37 newly constructed multi-family rental
units. The project was financed with County HOME Investment Partnerships Act
(HOME) and Core unity Development Block Grant (CDBG) funds, and other
funds available for affordable housing development. Provision of a density bonus
3
and requiremenntts of the different financing agencies resulted in 36 units being
affordable to and occupied by very-low income households.
• 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.
C. CEQA REVIEW
Staff has determined that the revisions to the Density Bonus Ordinance constitute minor
technical changes and additions to the Ordinance and Negative Declaration adopted in
2001; therefore an Addendum to the Negative Declaration has been prepared.
IV. CONCLUSION
The Residential Density Bonus Ordinance must be revised to incorporate recent changes
set forth in Governmental Code 65915. The revisions to the Density Bonus Ordinance are
consistent with State law.
4
ATTACHMENT"E"
Affordable Housing Supervisor John Gioia Supervisor Gayle B. Uilkema
Combined Non-Profit&City List District 1 District 2
General Mailing List 11780 San Pablo Avenue 651 Pine Street, Room 108-A
KDKH1Housing.ist EI Cerrito,CA 94530 Martinez, CA 94553
Revised October 7,2004 INTEROFFICE INTEROFFICE
Supervisor Millie Greenberg Supervisor Mark DeSaulnier Supervisor Federal Glover
District 3 District 4 District 5
309 Diablo Road 2425 Bisso Lane, Suite 110 300 East Leland Road
Danville, CA 94526 Concord, CA 94520 Pittsburg, CA 94565
INTEROFFICE INTEROFFICE INTEROFFICE
Pat Corum
Kristine Solseng Maureen Toms Building Inspection Department
INTEROFFICE INTEROFFICE 651 Pine,49'Floor
Martinez, CA 94553
INTEROFFICE
Mike Silva, Chief
Property Conservation Division Dennis Barry,AICP Debi Moss
Building Inspection Department Community Development Director Independent Living Skills Program
651 Pine,4th Floor Community Development Department Employment& Human Services Dept.
Martinez, CA 94553 INTEROFFICE INTEROFFICE
INTEROFFICE
Don Graves Timothy Hamp Cynthia Belon
Independent Living Skills Program Independent Living Skills Program Homeless Program Director
Employment& Human Services Dept. Employment& Human Services Dept. CCC Health Services Department
INTEROFFICE INTEROFFICE 597 Center Avenue, Suite 375
INTEROFFICE
Fatima Matal Sol, MBS
Lavonna Martin Lorna Bastian, Director AOD Program Manager
Assistant Director Mental Health CCC Health Services Department
CCC Health Services Department 595 Center, Ste 200 597 Center Avenue, Suite 320
597 Center Avenue, Suite 375 Martinez, CA 94553 Martinez, CA 94553
INTEROFFICE INTEROFFICE INTEROFFICE
Robert P. Moody, Ph.D. Ginger Hitzke
Adult Program Chief D'andre Wells Affirmed Housing Group
Mental Health Division Redevelopment Project Manager 200 E.Washington Avenue
Health Services Department INTEROFFICE Suite 208
INTEROFFICE Escondido,CA 92025
Executive Director
Affordable Housing Associates A.F. Evans Company Eric Tang
1250 Addison Street, Suite G 100 Bush Street,Suite 925 Affordable Housing Foundation
Berkeley, CA 94702 San Francisco, CA 94104 148 Cook Street#3
San Francisco,CA 94118-3313
Bill Spann Michelle Castillo-Elizondo Jack Beardall
Affordable Housing Development ALIVE American Senior Living
Corporation 808 West 3'Street 1740 East Garry Avenue,Suite 105
26302 Table Meadow Antioch, CA 94509 Santa Ana, CA 92705
Auburn, CA 95602
Association of Homeless and Housing David Carducci
Bob Everett Services Providers Bay Area Legal Aid
Aptos Mortgage c/o SHELTER, Inc. PO Box 2289
9065 Soquel Drive 1815 Arnold Drive Richmond, CA 94802
Aptos, CA 95003-4001 Martinez, CA 94553
Susan Cinelli Ms. Carol Galante Lydia Tan
Bi-Belt Corporation BRIDGE Housing Corporation BRIDGE Housing Corporation
PO Box 5487 345 Spear Street, Suite 700 345 Spear Street, Suite 700
Concord, CA 94524 San Francisco, CA 94105-3901 San Francisco, CA 94105-3901
Margaret Schliessmann Matt Schartz
California Autism Foundation Executive Director Stephanie O'Loughlin
4075 Lakeside Drive California Housing Partnership Catholic Charities of the East Bay
Richmond, CA 94806 369 Pine Street, Suite 300 1433 Jefferson Street
San Francisco, CA 94104 Oakland,CA 94607
Mr. Don McCreary James M. Buckley
Chinese American Political Assn. Christian Church Homes Executive Director
P. O. Box 4314 303 Hegenberger Road, Suite 201 Citizens Housing Corporation
Walnut Creek, CA 94596 Oakland, CA 94621-1419 26 O'Farrell Street, Suite 506
San Francisco, CA 94108
Jim Jakel Joseph Brandt, Director Janet Kennedy
City Manager Community Development Administrative Analyst
City of Antioch City of Antioch City of Antioch
PO Box 5007 PO Box 130 PO Box 130
Antioch, CA 94531-5007 Antioch CA 94509 Antioch, CA 94509
John Stevenson Mitch Oshinsky,AICP Jeremy Graves
City Manager Community Development Director Community Development Director
City of Brentwood City of Brentwood City of Clayton
708 Third Street 708 Third Street 6000 Heritage Trail
Brentwood, CA 94513 Brentwood, CA 94513 Clayton CA 94517
Gary Napper Planning Director Ed James
City Manager City of Concord City Manager
City of Clayton 1950 Parkside Drive City of Concord
6000 Heritage Trail Concord, CA 94519 1950 Parkside Drive
Clayton, CA 94517 Concord, CA 94519
Amy Hodgett Kevin Gailey Joe Calabrigo
Housing Division Chief of Planning Town Manager
City of Concord Town of Danville Town of Danville
1950 Parkside Dr, MS/27 510 La Gonda Way 510 LaGonda Way
Concord CA 94519 Danville, CA 94526-1740 Danville,CA 94526
Scott Hanin Jill Keimach Mike Sakamoto
City Manager Community Development Director City Manager
City of EI Cerrito EI Cerrito Redevelopment Agency City of Hercules
10890 San Pablo Avenue 10890 San Pablo Avenue 111 Civic Drive
EI Cerrito, CA 94530 EI Cerrito, CA 94530 Hercules, CA 94547
Steve Lawton Steven Falk Ann Merideth
Community Development Director City Manager Community Development Director
City of Hercules City of Lafayette City of Lafayette
111 Civic Drive 3675 Mt. Diablo Blvd. Ste 210 PO Box 1968
Hercules, CA 94547 Lafayette, CA 94549 Lafayette, CA 94549
June Catalano Richard Pearson Philip Vince
City Manager Community Development Director Town Manager
City of Martinez City of Martinez Town of Moraga
525 Henrietta Street 525 Henrietta Street PO Box 188
Martinez, CA 94553 Martinez, CA 94553 Moraga,CA 94556
Lori Salamack Barbara Mason Tim Raney
Planning Director Redevelopment Director Interim Community Development Dir.
Town of Moraga City of Oakley City of Oakley
PO Box 188 PO Box 6 PO Box 6
Moraga, CA 94556 Oakley, CA 94561 Oakley,CA 94561
Mike Oliver Emmanuel Ursu William Lindsay
City Manager Planning Director City Manager
City of Oakley City of Orinda City of Orinda
PO Box 6 PO Box 2000 26 Orinda Way
Oakley,CA 94561 Orinda,CA 94563 Orinda,CA 94563
Belinda B. Espinosa Mary Drazba Annette Landry
City Manager City of Pinole Housing Director
City of Pinole Redevelopment Agency City of Pittsburg
2131 Pear Street 2131 Pear Street 333 East Leland Road
Pinole,CA 94564 Pinole,CA 94564 Pittsburg, CA 94565
Marc Grisham Melissa Ayres David E. Boatwright
City Manager Director of Planning Housing Coordinator
City of Pittsburg City of Pittsburg City of Pleasant Hill
PO Box 1518 65 Civic Avenue 100 Gregory Lane
Pittsburg, CA 94565 Pittsburg, CA 94565 Pleasant Hill, CA 94523
Casey McCann, Deputy Director Michael Ramsey Brock Amer
Community Development City Manager City Manager
City of Pleasant Hill City of Pleasant Hill City of San Pablo
100 Gregory Lane 100 Gregory Lane One Alvarado Square
Pleasant Hill, CA 94523-3323 Pleasant Hill, CA 94523 San Pablo, CA 94806
Brooke Littman Herb Moniz
Housing Mananger City Manager
City of San Ramon City of San Ramon
PO Box 5148 2222 Camino Ramon
San Ramon,CA 94583 San Ramon, CA 94583
Laura Simpson Valerie Barone
Mike Parness, City Manager Community Development Community Development Director
City of Walnut Creek City of Walnut Creek City of Walnut Creek
1666 North Main Street 1666 North Main Street 1666 North Main Street
Walnut Creek CA 94596 Walnut Creek CA 94596 Walnut Creek CA 94596
Don Gilmore Nancy Conk
Community Housing Development Executive Director
Corporation of North Richmond Community Hsg. Opportunity Corp.
1535A Third Street 1490 Drew Avenue, Suite 160
Richmond, CA 94801 Davis, CA 94616
Qantas Corman Magda Hanna Tim Truesdale
Community Housing Partners Community Housing Partners Community Resource Associates, Inc.
1012 Brioso Drive,Suite 201 1012 Brioso Drive, Suite 201 1788 Indian Wells Way
Costa Mesa, CA 92627 Costa Mesa,CA 92627 Clayton,CA 94517
Paul Gibson Alex Soria Tom Daily
Consulting Services Cosmopolitan Development D&M Development Company
2099 Robb Road 91 Gregory Lane, Suite 22 PO Box 5186
Walnut Creek, CA 94596-6247 Pleasant Hill, CA 94523 Walnut Creek,CA 94596
Bruce Neujahr Iry C. Baker Jim Bergdoll
Deaf Senior Housing Project EAH East Bay Habitat for Humanity
P O Box 504 2169 East Francisco Blvd.,Suite B 2619 Broadway
Moraga CA 94556 San Rafael, CA 94901 Oakland, CA 94612
Lynette Lee, Executive Director EBHO Mr.Al Bonnett, Development Director
EBALDC 538 90'Street,Suite 200 Ecumenical Association for Housing
310 8th Street,Suite 309 Oakland,CA 94607 2169 East Francisco Blvd.,Suite B
Oakland, CA 94607 San Rafael, CA 94901
Ms. Mary Murtagh Lamar Turner Linda Mandolini, Executive Director
Ecumenical Association for Housing Ecumenical Association for Housing Eden Housing, Inc. `
2169 East Francisco Blvd.,Suite B 2169 East Francisco Blvd., Suite B 409 Jackson Street
San Rafael, CA 94901 San Rafael, CA 94901 Hayward, CA 94544-1567
Terence Wenzl
Loir Ganz, Director of Services Krista L. Loomis First San Jose Housing
Eden Housing Management, Inc. Esprit De Corps Housing Inc. 2 North Second Street
409 Jackson Street 1855 Ayers Road Twelfth Floor, Suite 1250
Hayward, CA 94544-1567 Concord, CA 94521 San Jose,CA 95113
Willia Gray Patrick Stoute Arthur Hatchett
Gemini Project Genesis Project Greater Richmond Interfaith Program
2837 Shane Drive PO Box 19299 3113 Macdonald Avenue
Richmond, CA 94806 Oakland, CA 94619 Richmond, CA 94804-3055
Judy Bryan Wayne Salazar Michael R. Hooper
Habitat for Humanity The Hawkins Center Land-Link Commercial
2350 Stanwell Drive 101 Broadway,Suite 1 1348 Fourth Street,Suite 200
Concord, CA 94520 Richmond,CA 94804 San Rafael, CA 94901
Adrienne Smith
Jay Daley Bob McEwan Rental Rehabilitation Program
Housing Authority Housing Authority Housing Authority
1805 Arnold Drive 1805 Arnold Drive 1805 Arnold Drive
Martinez, CA 94553 Martinez,CA 94553 Martinez, CA 94553
Bob Richards Wanda Remmers Joanne Best
Housing Consultant Housing Rights Independent Living Resources
2210 Arcadia Place PO Box 12895 3200 Clayton Road
Martinez, CA 94553 Berkeley,CA 94712 Concord, CA 94519
Executive Director
Interfaith Transitional Housing Andrew Jimenez Marc Johnson
535 Main Street, Suite 209 2884 Simas Avenue PO Box 1405
Martinez, CA 94553 Pinole, CA 94564 Carmel Valley,CA 93924
Kaufman &Broad Multi-Hsg Group
% Brendan Coates Anders Plett Chaosarn Chao
Arroyo&Coates Kaufman& Broad Lao Family Community Dev., Inc.
500 Washington Street, Suite 700 10990 Wilshire Blvd., 7th Floor 1551 -23rd Avenue
San Francisco, CA 94111 Los Angeles, CA 90024 Oakland,CA 94606
Ernestine Martin Marlys Gilbert
Maryann Leshin Martin Real Estate Company Mason McDuffie
M. Leshin Consulting 1001 MacDonald Avenue 2300 Contra Costa Blvd.,Suite 150
236 Marlow Drive Richmond,CA 94801 Pleasant Hill,CA 94523
Oakland, CA 94605
Sheela Bhatt Stanley Keasling, Executive Director Jeff Riley
Mercy Charities Housing California Mercy Housing Corporation Mercy Housing Corporation
1028 A. Howard Street 3120 Freeboard Drive 3120 Freeboard Drive
San Francisco, CA 94103 West Sacramento,CA 95691 West Sacramento, CA 95691
Fran Wagstaff Charles Wilson Non-Profit Housing Associates
Mid-Peninsula Housing Coalition NAACP, EI Cerrito 160 Sansome Street, 7'Floor
658 Bair Island Road,Suite 300 PO Box 844 San Francisco,CA 94104
Redwood City,CA 94063 EI Cerrito, CA 94530
V.Terrell Ward, CMB Larry Hynson Executive Director
Northbay Ecumenical Homes Northern California Land Trust Oakland Community Housing, Inc.
PO Box 428 3126 Shattuck Avenue 2030 Franklin Street, 6`h Floor
Novato, CA 94948-0428 Berkeley, CA 94705 Oakland, CA 94612
Robert Henry Rosemary Tumbaga Mr.Tom LaFleur
Oakland Community Housing, Inc. Pacific Community Services Pacific Community Services
2030 Franklin Street,6th Floor PO Box 1397 PO Box 1397
Oakland, CA 94612 Pittsburg, CA 94565 Pittsburg, CA 94565
Michael Barrington, Executive Director Carrie Sechler Frances Greene, Executive Director
Phoenix Programs Phoenix Programs Pittsburg Pre-School
PO Box 315 PO Box 315 Coordinating Council
Concord CA 94522 Concord,CA 94522 1760 Chester Drive
Pittsburg, CA 94565-3920
Carolyn Bookhart, Project Manager
Development Director Dan Sawislak, Executive Director Resources for Community Development
Resources for Community Development Resources for Community Development 2730 Telegraph Avenue
2730 Telegraph Avenue 2730 Telegraph Avenue Berkeley, CA 94705
Berkeley, CA 94705 Berkeley, CA 94705 Carl McToyer
Richmond Neighborhood
Housing Services Mr. Rick Aubry Captain Lanny French
500 South 15th Street Rubicon Programs Salvation Army
Richmond, CA 94804 2500 Bissell Avenue PO Box 21647
Richmond, CA 94804 EI Sobrante,CA 94820-1647
Joan Davis Mona Breed
Edmundo Jay San-Martin Satellite Housing, Inc. Sentinel Fair Housing
2121 Oregon Street 2526 Martin Luther King Junior Way 1611 Telegraph Avenue, Suite 1410
Berkeley, CA 94705 Berkeley, CA 94704 Oakland, CA 94612
Mr. Merlin Wedepohl Tara Celkis Nan Breadlove
SHELTER, Inc. Project Manager STAND!Against Domestic Violence
1815 Arnold Drive Simpson Housing Solutions, LLC PO Box 6406
Martinez, CA 94553 320 Golden Shore, Suite 200 Concord, CA 94524
Long Beach,CA 90802
Gloria Sandoval, Director W. E.Jahn, President Joyce Adams
STAND! Against Domestic Violence Strategic Housing Alliance, LLC. St.Vincent De Paul Society
PO Box 6406 2340 North Sierra Way Council of Contra Costa County
Concord, CA 94524 San Bernardino, CA 92405 2210 Gladstone Drive
Pittsburg, CA 94565
Kathryn McCamant Carol Simmons Charles Mead
The Co-Housing Company Turn On To America United Cerebral Palsy
1250 Addison Street, Suite 113 PO Box 643 1970 Broadway, Suite 305
Berkeley, CA 94702 Lafayette, CA 94549 Oakland,CA 94612
Durwin Shepson
Urban Housing Group Villa San Ramon West County Housing Corporation
110 Newport Center Drive, Suite 200 9199 Fircrest Lane 330 24th Street
Newport Beach, CA 92660 San Ramon, CA 94583 Richmond, CA 94804
Miriam Rabinovitz, Director Ruthy Talansky
West County Senior Service Network EAH
402 Harbor Way 2169 East Francisco Blvd.
Richmond, CA 94801 Suite B
San Rafael, CA 94901
CALIFORNIA DEPARTMENT OF FISH AND GAME ATTACHMENT"F"
CERTIFICATE OF FEE EXEMPTION
De Minimis Impact Finding
Project Title/Location (Contra Costa County): Revised Residential Density Bonus Ordinance
Ordinance No.2004-
Applicants Name and Address: Contra Costa County Community Development Department
651 Pine Street, 4th Floor, North Wing
Martinez, CA 94553
Project Description: The revisions to the Residential Density Bonus Ordinance requires the provision of incentives
for the production of affordable housing for very-low income,lower-income and senior households,including specifically
the approval by local government of a density bonus of at least 25 percent to housing developers who agree to construct
at least 20 percent of allowable units for lower-income households, 10 percent for very-low income households,or 50
percent of the units for senior citizens. The units targeted to very-low or lower income households must remain
affordable for at least ten years.If the jurisdiction provides one or more incentives in addition to the density bonus,or an
equivalent financial incentive in lieu of a density bonus and additional incentive,the developer must agree to a 30-year
term of affordability for the target units.
Findings of Exemption: An Addendum to the Initial Study has been conducted by the lead agency,which determined
that the project will not have an adverse effect on wildlife resources. Consideration of the record as a whole provides no
evidence that the proposed project will have potential for an adverse effect on wildlife resources or the habitat upon
which the wildlife depends.
Certification: I hereby certify that the lead agency has made the above finding and that the project will not individually
or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code.
Maureen"Toms, AICP
Title: Principal Planner
Lead Agency: Community Development
Date: November 4, 2004
Section 711.2,Fish and Game Code
DFG:8/91
X-47
L{
CALIFORNIA ENVIRONMENTAI.: QUALITY ACT
IDE OF DETERMINATIONNDTATTACHMENT
G
CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
651 PINE STREET 4T" FLOOR NORTH WING MARTINEZ, CALIFORNIA 94553-0095
Telephone: (925) 335-1250 Contact Person: Kara Douglas
Project Description, Common Name (if any and Location: The.project involves the adoption of a proposed Residential
Density Bonus Ordinance (Density Bonus rdinance) for the unincorporated area of Contra Costa County. State density
production of affordable housin far veru-ow income, lower-income
bonus law requires the Qrovision of incentives for the prod g
and senior households.'The proposed Densityy Bonus Ordinance hasbeen drafted to be.fully c ns.stent with State law; it
does not include requ0
irements or restrictions beyond those specified in the law. The Ordinance pplies to the residentially _
y p
zoned districts of the unincorporated areas of the County only.
The
J ro'ect was approved on b •
P — [
Pursuant to the provisions of the Cali ornia Environment Quality Act:
An Environmental Impact Report was prepared and certified (SCH# ).
The project was encompassed by an Environmental Impact Report previously prepared for
(SCH#
X A Negative Declaration was issued indicating that preparation of an Environmental Impact Report was not
required.
Copies of the record of project approval and the Negative Declaration or the final EIR may be examined at the office of the
Contra Costa County Community Development Department.
X The project will not have a significant environmental effect.
The project will have a significant environmental effect. form
'} '•-'"-:±~ -- "M - • --'� 'w� •�-_
...5•..w•wrt'R•..��wJn.•.".rs�-~s-s.41ri�..wi.w�.ii.Y.Yn1
Mitigation measures were made a condition of approval of the projel . ..._ (I
A statement of overriding considerations was adopted. l I••-•: I _ J
Findings were adopted pursuant to Section 15091 of the State CEQ Cuidelines..�., ! t j
Date: q .,... '
CONTRA C OV tis . C) i
By:
DEPLP,�g-Community Development Representativerr.!
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.
S i nature Title
Department of Fish and Game Fees Due:
Applicant's Kara Douglas
Name: Contra Costa County CDD EIR-$850 Total Due: $
Address: 651 Pine St,4"'F1.No.Wing Neg.Dec.-$1,250 Total Paid: $
Martinez,CA 94553 X DeMinimis Findings-$0
X County Clerk-$25 Receipt#
CALIFORNIA DEPARTMENT of FISH AND GAME
CERTIFICATE OF FEE EXEMPTION
De Minimis Impact Finding
Project Title/Location (Contra Costa County): Residential Density Bonus Ordinance
Ordinance No. 2001-
Applicants game and Address: Contra Costa County Community Development Department
651 Pine Street, 4th Floor, North Wing
Martinez, CA 94553
Project Description: The project involves the adoption of a proposed Residential Density Bonus Ordinance(Density
Bonus Ordinance)for the unincorporated area of Contra Costa County.The County,currently has a Density Bonus Policy
(adopted April 22, 1987,amended June 15, 1993);however,California Government Code Section 65915(density bonus
law)requires all cities and counties to adopt a density bonus ordinance consistent with State law requirements. State
density bonus law requires the provision of incentives for the production of affordable housing for very-low income,
lower-income and senior households, including specifically the approval by local government of a density bonus of at
least 25 percent to housing developers who agree to construct at least 20 percent of allowable units for lower-income
households, 10 percent for very-low income households,or 50 percent of the units for senior citizens.The units targeted
to very-low or lower income households must remain affordable for at least ten years. If the jurisdiction provides one or
more incentives in addition to the density bonus, or an equivalent financial incentive1 in lieu of a density bonus and
additional incentive,the developer must agree to a 30-year term of affordability for the target units.The proposed 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 applies to the residentially zoned districts of the unincorporated areas
of the County only.
Findings of Exemption: An Initial Study has been conducted by the lead agency,which determined that the project
will not have an adverse effect on wildlife resources. Consideration of the record as a whole provides no evidence that
the proposed project will have potential for an adverse effect on wildlife resources or the habitat upon which the wildlife
depends.
Certification: I hereby certify that the lead agency has made the above finding and that the project will not individually
or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code.
Maureen Toms, AICP
Title: Principal Planner
Lead Agency: Community Development
Date: January 10, 2001
Section 711.2,Fish and Game Code
DFG:8191
Environmental Checklist Form
1. Project Title: Residential Density Bonus Ordinance
? 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) 33 5-1253
4. Project Location: Unincorporated areas of Contra Costa County
5. Project Sponsor's Name and Address: Contra Costa County Community Development D epartinent
651 Pine Street,North Wing-4th Floor
Martinez, CA 945531
6. General Plan Designation: SFR,MFR.,mixed-use
7. Zoning: Residential,F-1,P-12 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 enviromuental 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
Sipiflcant
Impacts Identified
DETERMINATION
On the basis of this initial evaluation:
✓ I field 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 significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed prof ect 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 (?) 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 rnust 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 DouLylas CCC Community Development Department
Prepared By For
SiQnAe NCO
Maureen Toms
Approved By
• r
9
SOURCES
11-1 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 199 1)
2. General Plan and Zoning Maps
California Government Code Section 65915 (density bonus law)
4. Draft Residential Density Bonus 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
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 ✓
glare which would adversely affect day or
nighttime views in the area? (Source 1-4)
,SUNDVLkRY
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 CEQA 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 lav and Program
2.6 of the Housing Element of the General Plan,
3
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
AVStSJt,atinModel(i 99?)Eval �n
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 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 desicnation.
v
4
Potentially
significant
Impact,
Potentially Unless Less than
significant Mitigation Significant
Impact Incorporated Impact No Impact
111. AIR QUALITY. Where available,the significance
criteria established by the applicable air quality
In-Magement or air pollution control district may be
relied upon to make the following determinations.
Would the project:
a. Conflict with or obstruct implementation of V/
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)
SLTNEN4ARY
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.
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 specr.es identified aj a %c andidate,
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 seeping a density bonus will be subject to project specific CEQA
review.That CEQA analysis will analyze an),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 guide
the County in implementing State density bonus law and Program 2.6 of the Housing Element of the General
6
• r
t
Plan. Housing developments that are eligible for a density bonus are those developments that meet all
statutory and County Ordinance requirements.
Potentially
sisnificant
Impact,
Potentially Unless Less than
significant Mitigation Significant
Impact Lncorporated 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 1-4)
SLT1\Q tARY: Adopting the Residential Density Bonus Ordinance will not result in any uupacts to 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
bonuspolicy currently in effect has been used to guide the County in implementing State density bonus lam,
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
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,
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 kno-vvn
7
fault? Refer to Division of Mines
and Geology Special Publication 42.
(Source 1-4)
2. Strong seismic ground shaking?
(Source 1-4)
3. S eisimic-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 severs are not
available for the disposal of waste water?
(Source 1-4)
SUI\C ARY 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 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 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 leo Impact
VII. HAZARDS AND HAZARDOUS MATERIALS-
Would
ATERIALS-
Would the project:
a. Create a significant hazard to the public or the ✓
environment through the routine transport,
use, or disposal of hazardous materials?
(S ource 1-4)
b. Create a significant hazard to the public or ✓
8
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 withili an airport land ✓
use plan or, where such a plan has not been
adopted,within tNvo miles of a public airport
or public use airport,would the project result
in a safety hazard forpeople 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
adj acent to urbanized areas or where
residences are intermixed with wildlands?
(S ource 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
revie-Nv.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)
V. 7M\RT/l
S u va LaIJ 71 n77r��rrr ./7�p/�• n n..
'itlQlt}- apelete gry utuu w ateri s lylIez3 O
interfere substantially with groundwater
recharge such that there would be a net deficit
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 pen-nits
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?
(S ource 1--4)
d. Substantially alter the existing drainage ✓
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 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
1-4)
h. Place ivithin a 100-year flood hazard area ✓
structures which would impede or redirect
flood flows? (Source 1-4)
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
e
j. Inundation by seiche, tsunami, or mudflow? ✓
(Source 1--4)
SUNM4ARY 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 are any impacts to water quality or hydrology 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
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 PL G. 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 -%vith
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 ✓
conservation plan or natural community
conservation plan? (Source 1-4)
SU [MARY:Adopting the Residential Density Bonus Ordinance will not result in any significant impacts to
land use or planning. All future projects seeking a density bonus will be sub j ect 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 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 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.
State Density Bonus Law offers a land-use based option to facilitate the economic feasibility of affordable
housing development. The Lave states "The granting of a density bonus shall not be interpreted, in and of
11
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)
S RY Adopting the Residential Density Bonus Ordinance will not result in any impacts to mineral
resources.All future projects seeping 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
Potential]), 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
f
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? G
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?
SUI\S4ARY: 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 CEQA 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 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)
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 environmental 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 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 coimnunity.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 la'�N►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 - V7ould 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 which could cause significant
environmental impacts, in order to maintain
acceptable service ratios, response tiines or
other performance objectives for any of the
public sereices:
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 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. 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
XIV. RECREATION-
a. Would the project increase the use of ✓
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 recreational 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.That 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 projects using the density
bonus.The Residential Density Bonus Ordinance brings the County into compliance with State density bonus
lava. 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.
15
Potentially
significant
Impact,
Potentially Unless Less than
significant Mitigation Significant
Impact Incorporated Impact No Impact
XIV. TRANSPORTATION/TRAFFIC — Would the
proj ect:
a. Cause an increase in traffic which is ✓
substantial in relation to the existing traffic
lnnri anri rnnnr`.ity of the ctrPet syvf-1=r ;.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
1--4)
S Y: 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's 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
Attachment D
ADDENDUM
to the
NEGATIVE 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:
AAAl1rPPl'1 TC11T1S, Principal Planner
Printed Name
July 19 2004
Date
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ADDENDUM
to the
NEGATIVE DECLARATION
ADOPTED FOR THE RESIDENTIAL DENSITY BONUS ORDINANCE
County File #ZT01-0002 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)affordability
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 not 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 the 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. The Board
determined that the project would not have a significant effect on the environment
CEQA PROCESS
The California Environmental Quality Act (CEQA) prescribes that an Addendum (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 or a substantial increase in
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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 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 Density Bonus Ordinance (County File #ZT01-0002).
EXPLANATION OF ADDENDUM
The Addendum to the legative 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 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
(strike%.0W98 %.# ) to the text and figures of the Negative Declaration:
p. 1, item 8. Project Description: The proposed project involves the adoption of a
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Residential Density Bonus Ordinance pursuant to California Government Code 65915, as
revised, effective January 1, 2003.
p.11/12, 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 and/or
incentive are those developments that meet all statutory and County Ordinance Code
requirements.
p. 14, item X11. 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.
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NOTICE OF A PUBLIC HEARING BEFORE THE
CONTRA COSTA COUNTY BOARD OF SUPERVISORS
ON PLANNING MATTERS
REVISED DENSITY BONUS ORDINANCE
NOTICE is hereby given that on Tuesday,December 7,2004 at 11:00 am in the County Administration
Building, 651 Pine Street, (Corner of Pine and Escobar Streets),Martinez,California,the Contra Costa
County Board of Supervisors will hold a public hearing to consider the following planning matter:
This is a County-initiated request to modify the Residential Density Bonus Ordinance
(Density Bonus Ordinance). Staff is seeking a recommendation to the Board of
Supervisors on the proposed ordinance for the unincorporated area of Contra Costa
County. The County currently has a Density Bonus Ordinance(adopted April 10,
2001, Ordinance No.: 2001-06); however,the ordinance must be revised to incorporate
recent changes set forth in Governmental Code 65915. The revised ordinance is
consistent with State law.
The location of the subject property is within the unincorporated territory of the County of Contra Costa
County, State of California,generally identified below(a more precise description may be examined in
the Office of the Director of Community Development, County Administration Building, Martinez,
California):
Staff has prepared an addendum to the Negative Declaration for the original Density Bonus Ordinance,
for the purposes of compliance with the provisions of the California Environmental Quality Act(CEQA).
If you challenge this matter in court,you may be limited to raising only those issues you or someone else
raised at the public hearing described at the public hearing described in this notice, or in written
correspondence delivered to the County at,or prior to,the public hearing.
Prior to the hearing,Community Development Department staff will be available on Tuesday,December
7,2004 at 10:30 am in Room 108,Administration Building, 651 Pine Street,Martinez,to meet with any
interested parties in order to (1)answer questions; (2)review the hearing procedures used by the Board;
(3) clarify the issues being considered by the Board; and(4)provide an opportunity to identify,resolve, or
narrow any differences which remain in dispute. If you wish to attend this meeting with staff,-please call
Sara Welch, Community Development Department, at(925)335-1264 by 3:00 pm on Monday,December
6,2004 to confirm your participation.
Date: November 18, 2004
John Sweeten, Clerk of the
Board of Supervisors and
County Administrator
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By .
atherine Sinclair,Deputy Clerk