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HomeMy WebLinkAbout1995-03-28 - ORDINANCES - UDC DENSITY BONUS (2)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 (SCAG) 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 pevelopment 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(CX1)(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(BX2Xa-f)." SECTION 3. That Section 17.01.070(A)(4)(b) of the Santa Clarita 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 Clarita 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 28th day of March 1995. YOR 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 14th day of March , 1995. That thereafter, said ordinance was duly adopted and passed at a regular meeting of the City Council on the 28th day of Marrh 1995, by the following vote: AYES: COUNCILMEMBERS: Pederson, Smyth, Boyer, Heidt, Darcy NOES: COUNCIIJAEMBERS: None ABSENT: COUNCILMEMEERS: None TTY CLERK