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HomeMy WebLinkAboutAGENDA - 04102001 - 2001-06 ORDINANCE NO. 2001-06 (RESIDENTIAL DENSI'T'Y 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): [Gov. Code § 25120] Section I. SUMMARY This Residential Density Bonus Ordinance provides incentives for the production of affordable housing for very low income, lower income, or senior households in accordance with Sections 65915 and 65917 of the Government Code. Section II. Division 822 is added to the Contra Costa County Ordinance Code to read as follows: Division 822 Residential Density Bonus Chapter 822-2 Density Bonus and Incentives Article 822-2.2 General 822-2.202 Short Title. This division shall be known and may be cited as the Residential Density Bonus Ordinance. (Ord. 2001-06, § 2.) 822-2.204 Purpose. The purpose of this chapter is to provide incentives for the production of housing for very low income, lower income, or senior households in accordance with Government Code Sections 65915 and 65917, to facilitate the development of affordable housing and to implement the goals,objectives, and policies of the County General Plan's Housing Element, through the provision of a density bonus and additional incentives which contribute to the feasibility of low income housing in proposed housing developments. (Ord. 2001-06, § 2.) Article 822-2.4 Definitions 822-2.402 Additional Incentives. Additional Incentive means such regulatory concessions as specified in Government Code Subsections 65915 (h), and as further described in § 822-6.404 to include,but not be limited to,the reduction of site development standards or zoning code requirements, direct financial assistance, approval of mixed-use zoning in conjunction with a Housing Development, or any other regulatory incentive which would result in identifiable cost avoidance or reductions that are offered in addition to a Density Bonus. (Ord. 2001-06, § 2.) ORD. 2001-06 - 1 - 822-2.404 Affordable Rent. Affordable Rent means a rent for rental Target Units reserved for Very Low or Lower Income Households, not exceeding the following calculations and as defined by Health and Safety Code section 50053: (a) 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. (b) Lower Income: 60 percent of the AMI for Contra Costa County, adjusted for household size, multiplied by 30 percent and divided by 12. (c) The maximum affordable rent for Very Low and Lower Income Target Units shall include a reasonable allowance for utilities as approved by the Director. (Ord. 2001- 06, § 2.) 822-2.406 Affordable Sales Price. Affordable Sales Price means a sales price at which Lower or Very Low Income Households can qualify for the purchase of Target Units, taking into account prevailing interest rates, 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 shall not exceed a price affordable to households whose income is at or below 70 percent A.M.I. Affordable Sales Price for Very-low Income Households shall not exceed a price affordable to households whose income is at or below 50 percent AMI. (Ord. 2001-06, § 2.) 822-2.408 Density Bonus. Density Bonus means 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. (Ord. 2001-06, § 2.) 822-2.410 Density Bonus Housing Agreement. Density Bonus Housing Agreement means a legally binding agreement between a developer and the County to ensure that the requirements of this division are satisfied. The agreement, among other things, shall establish the number, size, location, terms and conditions of affordability, and production schedule of Target Units. (Ord. 2001-06, § 2.) 822-2.412 Density Bonus Units. Density Bonus Units means those residential units granted pursuant to the provisions of this division which exceed the otherwise Maximum Residential Density for the development site. (Ord. 2001-06, § 2.) 822-2.414 Development Incentives. Development Incentive means a Density Bonus, a Density Bonus and an Additional Incentive, or an Equivalent Financial Incentive. (Ord. 2001-06, § 2.) 822-2.416 Director. Director means the Director of Community Development. (Ord.2001-06, §2.) 822-2.418 Equivalent Financial Incentive. Equivalent Financial Incentive means a monetary contribution, based upon a land cost per dwelling unit value equal to one of the following: ORD. 2001-06 - 2 - (a) A Density Bonus and an Additional Incentive(s); or (b) A Density Bonus, where an Additional Incentive(s) is not requested or is determined to be unnecessary by the Director. (Ord. 2001-06, § 2.) 822-2.420 Housing Cost. 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. (Ord. 2001-06, § 2.) 822-2.422 Housing Development. Housing Development means new construction, rehabilitation or conversion projects (as defined in Government Code section 65915) consisting of five or more residential units, including single family, and multifamily homes for sale or rent. (Ord. 2001-06, § 2.) 822-2.424 Lower Income household. 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. (Ord. 2001-06, § 2.) 822-2.426 Maximum Residential Density. 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 division. (Ord. 2001-06, § 2.) 822-2.428 Non-Restricted Unit. Non-Restricted Unit means all units within a Housing Development which are not Target Units. (Ord. 2001-06, § 2.) 822-2.430 Qualified Housing Development Qualified Housing Development means a Housing Development that meets all statutory and County Ordinance Code requirements, (including Chapter 26-2 and Title 8 of the County Code), for project approval, and is consistent with the County General Plan, apart from density bonus considerations. .(Ord. 2001-06, § 2.) 822-2.432 Qualifying Resident. Qualifying Resident means senior citizens or other persons eligible to reside in Senior Citizen Housing as defined under Civil Code section 51.3 (c)(1)-(3). (Ord. 2001-06, § 2.) 822-2.434 Senior Citizen housing. Senior Citizen Housing means a housing development consistent with the California Fair Employment and Housing Act (Government Code Section 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 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 (c)(4). (Ord. 2001-06, § 2.) ORD. 2001-06 - 3 - 822-2.436 Target Unit. Target Unit means a dwelling unit within a Housing Development which is affordable to and will be reserved for sale or rent to Very Low or Lower I.ncome Households, or Qualifying Residents. (Ord. 2001-06, § 2.) 822-2.438 Very Low Income Household. 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. (Ord. 2001-06, § 2.) Chapter 8224 Eligibility Article 8224.2 Application 8224.202 Granting of Density Bonus. A Density Bonus, or a Density Bonus with an Additional Incentive(s), shall be granted by the Director in accordance with.the provisions of this division to an applicant for a Qualified Housing Development who agrees to provide one or more of the following: (a) At least 20 percent of the total units of the Housing Development as Target Units affordable to and occupied by Lower Income Households; or (b) At least 10 percent of the total units of the Housing Development as Target Units affordable to and occupied by Very Low Income Households; or (c) At least 50 percent of the total units of the Housing Development as Target Units occupied by Senior Citizen Housing. (Ord. 2001-06, § 2.) 8224.204 No Guaranteed Approval. The Director shall not be required to approve a Housing Development solely because a project complies with density bonus requirements. Only Qualified Housing Developments will be considered for density bonuses. (Ord. 2001-6, § 2.) 8224.206 Application Requirements and Review. An application made pursuant to this division is considered to be a component of a Housing Development application which shall be processed pursuant to Section 26-2 of this code. A Housing Development application that includes a request for a Development Incentive shall include the specific incentive(s) requested. (Ord. 2001-06 § 2.) 8224.208 Residential Density Bonus Preliminary Application. An applicant/developer proposing a Housing Development pursuant to this division, may submit a preliminary application prior to the submittal of any formal request for approval of a Housing Development. Applicants are encouraged to schedule a pre-application conference with the Director to discuss and identify potential application issues, including prospective Additional Incentives. A preliminary application shall include the following information: ORD. 2001-06 - 4 - (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, and (4) Where an Additional Incentive(s) is requested, the application shall describe why the Additional Incentive(s) is necessary to provide the Target Units, in accordance with Article 822-6.4 of this division. (Ord. 2001-06 § 2.) Article 8224.4 Calculation of Units 8224.402 Number of Density Bonus Units. In determining the minimum number of Density Bonus Units to be granted pursuant to this chapter, the Maximum Residential Density for the site shall be multiplied by 0.25, unless a lesser number is requested by the developer(Gov. Code § 65915(f)). When calculating the number of permitted Density Bonus Units, any fractions of units shall be rounded up to the next larger integer. (Ord. 2001-06, § 2.) 8224.404 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, 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, 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, the requested density increase, if granted, shall be considered an Additional Incentive, as outlined in Article 822-6.4. (Ord. 2001-06, § 2.) 8224.406 Maximums. In cases where the developer agrees to construct more than 20 percent of the total units for Lower Income Households,or more than 10 percent of the total units for Very Low Income Households, the developer is entitled to only one Density Bonus and an Additional Incentive(s). Similarly, a developer who agrees to construct Senior Citizen Housing with 20 percent of the units reserved for Lower-Income Households or 10 percent of the units reserved for Very Low-Income Households, shall be entitled only to one Density Bonus and an Additional Incentive(s). The Director may, however, grant multiple Additional Incentives to facilitate the inclusion of more Target Units than are required by this Chapter. (Ord. 2001-06, § 2.) Chapter 822-6 ORD. 2001-06 - 5 - Standards and Procedures Article 822-6.2 Development Standards 822-6.202 Time Periods of Affordability. Target Units should be constructed concurrently with Non-Restricted Units unless both the Director and the developer/applicant agree within the Density Bonus Housing Agreement to an alternative schedule for development: (a) Target Units shall remain occupied by and affordable to the designated group for a period of not less than 10 years when 1. A Density Bonus is granted and no Additional I.ncentives are granted; or 2. An Equivalent Financial Incentive equivalent to a Density Bonus is granted. (b) Target Units shall remain occupied by and affordable to the designated group for a period of 30 years or longer under the following circumstances: 1. When both a Density Bonus and an Additional Incentive(s) are granted; or 2. When an Equivalent Financial Incentive equivalent to a Density Bonus is granted and an Additional Incentive(s) is granted; or 3. If required by sources of permanent or construction financing, as applicable to the development. These may include, but not be limited to, federal, state, or local subsidy programs, mortgage insurance programs, rental subsidy programs or homebuyer assistance programs. (Ord. 2001-06, § 2.) 822-6.204 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 75% of 1 person (residential hotel) 0 bedroom (studio) 1 person 1 bedroom 2 persons 2 bedroom 3 persons 3 bedroom 4 persons 4 bedroom 6 persons (Ord. 2001-06, § 2.) 822-6.206 Design. Except as provided in section 822-6.208, 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 ORD. 2001-06 - 6 - 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. Housing Developments shall comply with all applicable development standards, except those which may be modified as provided by this division. (Ord. 2001-06, §2.) 822-6.208 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 operated at an alternative development site. In appropriate cases, the developer and the Director may enter into a written agreement to permit such 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 division. Under these circumstances, for the Target Units to be provided on the alternative site, the developer shall be subject to the same requirements of this division. (Ord. 2001-06, § 2.) Article 822-6.4 Development Incentives 822-6.402 General. Upon the written request of a developer and as allowed by this division, the Director, acting on behalf of the County of Contra Costa, shall provide a Density Bonus and shall consider an Additional Incentive(s), for Qualified Housing Developments unless the Director makes a written finding that the Additional Incentive(s) is not required to make the Target Unit component of the Housing Development economically feasible pursuant to Government Code section 65915(b). Any Additional hicentive granted must contribute significantly to the economic feasibility of providing the Target Units as provided in Government Code section 65917. Applicants seeking a waiver or modification of development or zoning standards shall show that such waivers or modifications are necessary to make the Housing Development economically feasible as provided in Government Code Section 65915(c). For purposes of this division, any such waiver or modification to the requirements of the involved zoning district shall not be considered a variance. (Ord. 2001- 06, § 2.) 822-6.404 Additional Incentives. As the need for incentives may vary among Housing Developments, the allocation of Additional Incentives shall be determined administratively on a case-by-case basis. The Additional Incentives may include, but are not limited to, any of the following: (a) A reduction of site development standards or a modification of zoning code or architectural design requirements which exceed the minimum building standards Health and Safety Code section 18901 et seq. including, but are not limited to,one or more of the following: 1) Reduced minimum lot sizes and/or dimensions, 2) Reduced minimum lot setbacks, 3) Increased maximum lot coverage, 4) Increased maximum building height and/or stories, 5) Reduced on site parking standards, including the number or size of spaces and ORD. 2001-06 - 7 - configuration, 6) Reduced minimum building separation requirements, 7) Alternate standards and design for road and street-scapes. (b) Approval of non-residential uses to reduce the cost of the Housing Development if consistent with the involved zoning district and the County General Plan as provided in Government Code section 65915(g)(2). (c) Other incentives proposed by the developer or the Director which result in identifiable cost reductions. (Ord. 2001-06, § 2.) Chapter 822-8 Density Bonus Housing Agreement Article 822-8.2 General 822-8.202 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 to be 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, or memorandum thereof, shall be recorded and the conditions therefrom filed and recorded on the parcel or parcels designated for the construction of Target Units. The approval and recordation shall take place prior to final map approval, or, where a map is not being processed, prior to issuance of building permits for such parcels or units. The Density Bonus Housing Agreement shall be binding on all future owners and successors in interest and shall so provide in its terms. (Ord. 2001-06, § 2.) 822-8.204 Condition of Approval. A Density Bonus Housing Agreement shall be made a condition of approval for all Housing Development projects which receive a Density Bonus. (Ord. 2001-06, § 2.) Article 822-8.4 Requirements 822-8.402 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 ORD. 2001-06 - 8 - Low-Income, Lower-Income, or Senior households), including the standards for determining the corresponding Affordable Rent or Affordable Sales Price and Housing Cost. C) The location, unit sizes (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 822-6.202. e) A schedule of completion and occupancy of all units in the development, including the Target Units. f) A description of any Additional Incentive(s) . g) A description of remedies for breach of the agreement by either party. h) Other provisions to ensure implementation and compliance with this division. (Ord. 2001- 06_, § 2.) 001- 06 , § 2.) 822-8.404 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 use restriction period: a) . Target Units shall, upon initial sale, be sold to eligible Very Low or Lower Income Households at an Affordable Sales Price and .Housing Cost, or to Qualified Residents (i.e., maintained as Senior Citizen Housing ) as defined by this division. b) Target Units shall be owner-occupied initially by eligible Very Low or Lower Income Households, 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 division during the applicable use restriction period. Such deed restriction shall be recorded against the parcel containing the Target Unit and shall contain such provisions as the Director may require to ensure continued compliance with this division and statutory requirements (Gov. Code § 65915 et seq.) and in order to put subsequent purchasers on notice of the conditions and terms during the applicable use restriction period. (Ord. 2001-06, § 2.) 822-8.406 Rental Housing Development Terms. In the case of rental Housing Developments, the 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, Lower Income, or Qualified Resident households, for establishing Affordable Rent, for filling ORD. 2001-06 - 9 - 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 which demonstrate compliance with this division; and C) Provisions requiring owners of the rental Housing Developments to submit an annual report to the Director, which includes the name, address, household size, and income of each person occupying Target Units, and which identifies 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 such disclosures. (Ord. 2001-06, § 2.) SECTION III. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days after passage shall be published once with the names of the Supervisors voting for and against it in the CONTRA COSTA TIMES, a newspaper published in this County. PASSED on r.Tj 1-p, 9001 , by the following vote. AYES: Supervisor(s) Gioia, Gerber, DeSaulnier, Glover and Uilkam NOES: Supervisor(s) None ABSENT: Mone ABSTAIN: None ATTEST: JOHN SWEETEN, Clerk of the Board of Supervisors and County Administrator By: Deputy Board Chair [SEAL] I:VOANN�Di ana\densebdord.wpd ORD. 2001-06 - 10 -