HomeMy WebLinkAbout1995-03-28 - AGENDA REPORTS - MC 95 020 UDC AMEND 95 02 (2)AGENDA REPORT
City Manager Approval
i
Item to be presented by:
t`I'l`Ric �
Henderson
UNFINISHED BUSINESS
DATE: March 28, 1995
SUBJECT: MASTER CASE NO. 95-020, UDC AMENDMENT 95-02 SECOND
READING TO ADOPT PROPOSED ORDINANCE NO. 95-4 TO MODIFY
DENSITY BONUS PROVISIONS FOR AFFORDABLE HOUSING TO
COMPLY WITH STATE PLANNING LAW.
DEPARTMENT: COMMUNITY DEVELOPMENT
BACKGROUND
On March 14, 1995, the City Council held a public hearing and reading of proposed
Ordinance No. 95-4 to consider amendments to sections of the Unified Development Code
(UDC) relating to affordable housing density bonus which are in direct violation of state
planning law and leave the City vulnerable to challenge from the state and other interested
parties. With adoption of these amendments, the City's UDC will be in conformance with
state density bonus law which will provide a degree of protection against housing related
lawsuits and continue implementation of Council's existing affordable housing policies of the
Housing Element (Community Strategic Plan- Action Item #12). Similar amendments are
proposed to the General Plan Housing Element itself and will be considered as a separate
item.
At the previous meeting, the Council received a staff report, opened the public hearing, took
testimony, introduced Ordinance No. 95-4, waived further reading, and passed to a second
reading. The Council also considered the Planning Commission recommendation on this
item, including their letter to the Council transmitting the recommendation.
RECOMMENDATION
1. Waive further reading and adopt Ordinance No. 95-4.
Adopted:3 W
Agenda Item:_
Letter of February 16, 1995 from the Planning Commission Transmitting its
Recommendation to Council
Ordinance No 95-4
Planning Commission Resolution P95-05
Negative Declaration
Environmental Initial Study
Strike -out version of UDC with proposed amendments
«\s12&952.1 a
CITY OF SANTA CL.ARITA
INTEROFFICE MEMORANDUM
TO: Mayor Darcy and Members of the City Council
FROM: Chairman Modugno and Members of the Planning Commission /,
DATE: February 16 1995
SUBJECT: Planning Commission Letter to the City Council Concerning Approvalof
Unified Development Code Amendments Regarding Affordable Housing
Density Bonus Provisions to Comply with State Planning Law
The Planning Commission held a public hearing on February 7, 1995, to consider
amendments to the City's Unified Development Code (UDC) concerning affordable housing
density bonuses_ City staff proposed these amendments in response to communications
received from the California Department of Housing and Community Development (HCD)
which noted that the City's density bonus policies do not comply with state planning law.
Specifically, HCD is concerned with state requirements that base an affordable housing
density bonus on the "maximum density of the zone", rather than the zoning "midpoint" as
is indicated in both the City's Housing Element and UDC. It was following much discussion
that the Commission, with some reluctance, narrowly voted 3-2 to recommend approval of
these amendments.:
Approval of these density bonus amendments, as well as similar ones to the City's Housing
Element, is recommended because they conform to state law and will allow HCD to make a
compliance finding on the City's Housing Element. This HCD compliance finding will permit
the Planning Commission and Council to maintain some degree of oversight and discretion
over affordable housing projects, which otherwise may be forfeited upon challenge., However,
this recommendation is given with some reservations and concern that increases in potential
housing unit capacity and attendant infrastructure demands may not be consistent with the
intent of the City's General Plan at the time that zoning densities were originally designated.
These zoning densities considered the "midpoint" to be the basis for calculating density
bonuses, with the maximum of the zone being the highest achievable density, density bonus
included. When posed with the question of whether to conform to state law or follow the
intent of the General Plan, the Commission felt compelled to adhere to state law. Still, the
Commission would like to bring to Council's attention, that in the future, it may be
appropriate to revisit the issue of multiple residential zone densities for separate
consideration.
PWK..\d,nbKlt. Ih.
RESOLUTION NO. P95-05
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SANTA CLARITA RECOMMENDING APPROVAL
TO THE CITY COUNCIL OF AMENDMENTS TO THE
UNIFIED DEVELOPMENT CODE RELATING
DENSITY BONUSES FOR AFFORDABLE HOUSING PROJECTS
WHEREAS, the City of Santa Clarita General Plan requires the implementation of
a City of Santa Clarita Unified Development Code to be in compliance with the Governmental
Code of the State of California; and
WHEREAS, the City's General Plan identifies the City's regional housing needs for
affordable housing; and
WHEREAS, Government Code Sections 65915-65918 preempts regulation by local
governmental entities and establishes density bonus standards for affordable housing projects
with certain exceptions; and
WHEREAS, the City's General Plan encourages projects which provide significant
community benefits including those projects providing affordable housing opportunities; and
WHEREAS, this proposed ordinance to amend the City's zoning and general
procedures codes is consistent with the General Plan including the Housing Element;
WHEREAS, the proposed amendments clarify significant community benefits findings
for receiving density bonus for affordable housing and assist in providing incentives for
affordable housing development and maintaining affordable housing opportunities as
permitted by Government Code Sections 65915(c) and (d), and consistent with state
redevelopment law; and
WHEREAS, the proposed amendments are consistent with the purpose and intent of
the City's Affordable Housing policy statement issued March 23, 1993; and
WHEREAS, the City desires to meet its regional housing need as determined by the
Southern California Association of Governments (SCAG) and has considered the effect of
these amendments upon regional housing opportunities as required by Government Code
Section 65863.6; and
WHEREAS, the provisions of the California Environmental Quality Act ("CEQA") of
1970, as amended, Public Resources Code Sections 21000-21774, require the evaluation of the
Negative Declaration for projects such as amendments to the Unified Development Code; and
WHEREAS, a Negative Declaration for these Unified Development Code amendments
was prepared, noticed and circulated for public review in compliance with the provisions of
CEQA and the City's Environmental Guidelines; and
WHEREAS, following City Council direction on December 13, 1994 and in accordance
with Government Code Section 65854, the Planning Commission held duly noticed public
hearings on January 17, 1995 and February 7, 1995, receiving staff reports and public
testimony on this project.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF SANTA
CLARITA DOES HEREBY RESOLVE, DECLARE, FIND, AND DETERMINE AS FOLLOWS:
SECTION 1. The proposed amendments to the Santa Clarita Unified Development
Code are consistent with the City of Santa Clarita General Plan and meet the requirements
of the Government Code of the State of California.
SECTION 2. The Planning Commission has reviewed and considered the Initial Study
and Negative Declaration prepared for this project and recommends that the City Council
adopt the Negative Declaration prepared for the amendments to the Unified Development
Code as complete and in compliance with the provisions of CEQA and the City's
Environmental Guidelines.
SECTION 3. The Planning Commission does hereby recommend the City Council
approve the amendments to the Unified Development Code.
PASSED, APPROVED _ AND ADOPTED this day of
r' .� 19
PAT MODU V��4W7
PLANNIN OMMISSION
ATTEST:
LYNN,M. HARRIS ''
SECRETARY, PLANNING COMMISSION
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §
CITY OF SANTA CLARITA
I, Donna M. Grindey, City Clerk of the City of Santa Clarita, do hereby certify that
the foregoing Resolution was duly adopted by the Planning Commission of the City of Santa
Clarita at a regular meeting thereof, held on the 7th day of February
19 95 by the following vote of the Planning Commission:
AYES: COMMISSIONERS: Modugno, Srathwaite and Doughman
NOES: COMMISSIONERS: Cherrington and Townsley
ABSENT: COMMISSIONERS: None
CITY CLERK
planmm\ree95-5.lhs
CITY OF SANTA CLARITA
NEGATIVE DECLARATION
[ ] Proposed P(Flnal
MASTER CASE NOS: 95-001 and 95-020, UDC Amendments 95-01 and 95-02
PERMIT/PROJECT: Amendments to the City's Unified Development Code relating to standards
for manufactured housing in single family areas and affordable housing density bonus.
APPLICANT: City of Santa Clarita
LOCATION OF THE PROJECT: Citywide
DESCRIPTION OF THE PROJECT: Amendments to the City's Unified Development Code relating
to standards for manufactured housing In single family areas and affordable housing density
bonus.
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Based on the information contained in the Initial Study prepared for this project, and pursuant
to the requirements of Section 15065 of the California Environmental Quality Act (CEQA), the
City of Santa Clarita
[X] City Council [ ] Planning Commission (] Director of Community Development
finds that the project as proposed or revised will have no significant effect upon the
environment, and that a Negative Declaration shall be adopted pursuant to Section 15070 of
CEQA.
Mitigation measures for this project
[X] Are Not Required [ ] Are Attached [ ] Are Not Attached
LYNN M. HARRIS
DEPUTY CITY MANAGER
COMMUNITY DEV OPMENT
Prepared b Laura Stotler/Assistant Planner
(Signature) (Name/Title)
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Public Review Period From December 28. 1994 To March 14, 1995.
Public Notice Given On December 28, 1994 and February 22, 1995 By:
[X] Legal Advertisement [ ] Posting of Properties (] Written Notice
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CERTIFICATION DATE: March 14, 1995
ORDINANCE NO. 95-4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA,
CALIFORNIA, AMENDING THE SANTA CLARITA UNIFIED DEVELOPMENT CODE
TO CLARIFY REQUIREMENTS FOR DENSITY BONUS
WHEREAS, the City's General Plan encourages projects which provide significant
community benefits including those projects providing affordable housing opportunities
WHEREAS, the City's General Plan identifies the City's regional housing needs for
affordable housing;;
WHEREAS, this ordinance clarifies significant community benefits findings for
receiving density bonus for affordable housing and assists in providing incentives for
affordable housing development and maintaining affordable housing opportunities as
permitted by Government Code Sections 65915 (c) and (d), and consistent with state
redevelopment law;
WHEREAS, this ordinance is consistent with the purpose and intent of the City's
Affordable Housing policy number I-8 issued March 23, 1993;
WHEREAS, the City desires to meet its regional housing need as determined by the
Southern California Association of Governments (SLAG) and has considered the effect of this
ordinance upon regional housing opportunities as required by Government Code. Section
65863.6;
WHEREAS, this ordinance amending the City's zoning and general procedures codes
is consistent with the General Plan including the Housing Element;
WHEREAS, the provisions of the California Environmental Quality Act ("CEQA") of
1970, as amended, Public Resources Code Sections 21000-21774, require the evaluation of the
Negative Declaration for projects such as amendments to the Unified Development Code;
WHEREAS, a Negative Declaration for these Unified Development Code amendments
was prepared, noticed, and circulated for public review in compliance with the provisions of
CEQA and the City's Environmental Guidelines;
WHEREAS, following City Council direction on December 13, 1994 and in accordance
with Government Code Section 65854, the Planning Commission held duly noticed public
hearings on January 17, 1995 and on February 7, 1995, and recommended the City Council
adopt the proposed amendments to the UDC.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. That Section 17,16.030(C)(1)(f) be amended to add the following
sentence immediately after the first paragraph:
"Where a density bonus pursuant to Section 17.17.070(A) is requested, the maximum
residential density on any individual site shall be based upon the maximum density
of the specific plan zone designation for that site."
SECTION 2. That Section 17.17.070(A) shall be amended to add Section
17.17.070(A)(5) to the Santa Clarita Unified Development Code to read as follows:
"5. Findings for significant community benefit. Where the developer is requesting
fee waiver/reduction incentives for affordable housing under Section
17.17.070(A)(4)(c) the approving body must identify and make a finding that
the project provides a significant community benefit in addition to , the
minimum affordability standards identified in Section 17.17.070 (A)(2)(a).
Examples of such significant community benefits include, but are not limited
to, those identified in Section 17.17.070(B)(2)(a-f)."
SECTION 3. That Section 17.01.070(A)(4)(b) of the Santa Clarity Unified
Development Code shall be amended to replace the word "midpoint" with the phrase
"maximum density of the zone."
SECTION 4. That Section 17.17.070(Ax4xc) of the Santa Clarity Unified Development
Code shall be amended to delete the following:
"Development incentives granted by the City to a developer utilizing these
requirements are predicated upon the long term availability of the affordable
housing. In order to ensure that the units remain available and affordable, the
developer will be required to enter into a development agreement with the City
per California Government Code Section 65864 through 65869.5."
SECTION 5. That Section 17.17.070(A) of the Santa Clarita Unified Development
Code shall be amended to add Section 17.17.070(A)(6) to read as follows:
"6. Long term availability of affordable housing. Development incentives
granted by the City to a developer utilizing these requirements are
predicated upon the long term availability of the affordable housing.
a. Projects outside a designated redevelopment proiect area. The
developer will be required to enter into a development
agreement with the City per California Government Code
Sections 65864 through 65869.5 to ensure that units will remain
available and affordable.
b. Projects within a designated redevelopment area. The developer
will be required to enter into a development agreement with the
City per California Government Code Sections 65864 through
65869.5, and as required by State redevelopment law, and in
accordance with the housing plans and policies of the
redevelopment agency to ensure that units will remain available
and affordable."
-2-
SECTION 6. That the Initial Study and Negative Declaration for this project has been
prepared, reviewed, considered, and found complete in accordance with the provisions of CEQA and
City's Environmental Guidelines and the City Council adopts the Negative Declaration prepared for
this project.
SECTION 7. That if any portion of this ordinance is held to be invalid that portion shall be
stricken and severed, and the remaining portions shall be unaffected and remain in full force and
effect.
SECTION 8. That the City Clerk shall certify to the passage of this ordinance and shall cause
it to be published in the manner prescribed by law.
PASSED, APPROVED AND ADOPTED this day of , 1995.
MAYOR
ATTEST:
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF SANTA CLARITA
I; Donna M. Grindey, City Clerk of the City of Santa Clarita, DO HEREBY CERTIFY that
the above and foregoing ordinance was regularly introduced and placed upon its first reading at a
regular meeting of the City Council on the day of , 1995. That
thereafter, said ordinance was duly adopted and passed at a regular meeting of the City Council on
the day of , 1995, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
CITY CLERK