Chapt 21.62 Density Bonus(1991) CITY COUNCIL MINUTES
WE---~SDAY, 7:30 P.M.--~-~-~-NUARY 2, 1991
Second Readin Ordinance No. 1825 - City-initiated Text /~nendment
Second Reading of Ordinance 1825 approvee a City-initiated Text ~%mendment
to the Can~bell Municipal Code implementing the State Density Bonus Law.
ORDINANCE NO. 1825
BEING AN ORDINANCE OF THE CITY OF CAMPBELL
APODPTING A TEXT AMENDMENT TO THE MUNICIPAL
CODE OF THE CITY OF CAMPBELL, CAI.~ORNIA ADDING
CHAPTER 21.62. CITY-INITIATED FILE NO. TA 90-03.
After due consideration of all evidence presented, the City Council of
the City of Campbell, California does find as follows:
o
The Planning Commission held a public hearing for consideration of
the addition of Chapter 21.62 of the Campbell Municipal Code on
November 27, 1990.
The Planning Commission recommends approval of the Density
Bonus Ordinance.
Government Code Section 65915 requires that local governments adopt
an ordinance implementing the State Density Bonus Law.
Government Code Section 65915 requires the implementing ordinance
to include a procedure for evaluating preliminary applications and to
specify which incentives will be offered developers of qualified
projects.
An Initial Study has been prepared on the ordinance, as required by the
California Environmental Quality Act.
Based upon the foregoing findings of fact, the City Coundl concludes that
A Negative Declaration is appropriate as no significant environmental
impacts have been identified to be associated with the project which
cannot be mitigated.
The amendment is consistent with State requirements pertaining to
the State Density Bonus Law.
The proposed amendment contains implementation measures
required by Government Code Section 65915.
The proposed amendment will not be detrimental to the health, safety,
peace, morals, comfort, or general welfare of persons residing or
working in the neighborhood of such proposed use, or be detrimental
or injurious to property and improvements in the neighborhood or to
the general welfare of the City.
City Council Ordinance
Page -2-
The proposed amendment facilitates meeting the City's share of
regional housing needs for lower-income and very low-income
households. .~
Implementation of this amendment will contribute to compliance
with housing element law as well as density bonus law.
FURTHER, the City Council of the City of Campbell does ordain as
follows:
SECTION ONE: That Chapter 21.62 be added to the Campbell
Municipal Code as setforth in Exhibit A, attached herto.
SECTION TWO: This Ordinance shall become effective 30 days
following its passage and adoption and shall be published once within 5 days
prior to proposed adoption and published 15 days upon passage and adoption
in the San Jose Mercury News, a newspaper of general circulation in the City
of Campbell, County of Santa Clara. The full text of the Ordinance is posted
in the Office of the City Clerk, of the City of Campbell, and is available for
public review.
PASSED AND ADOPTED this 2nd day of January 1991, by the following
roll call vote:
AYES:
NOES:
ABSENT:
ATTEST:
Councilmembers: Watson, Burr, Conant, Ashworth, Kotowski
Councilmembers: None
Councilmembers: None ~ -~. ~' .-~
/Michael F. Kotowski, Mayor
Chapter 21.62
DENSITY BONUS
Sections:
21.62.10
21.62.20
21.62.30
21.62.40
21.62.50
21.62.60
21.62.70
21.62.80
21.62.90
Purpose
Definitions
Applicability
Incentives
General Requirements
Requirements for Rental Rental Projects
Requirements for Ownership Projects
Resale Restrictions
Application Procedure
21.62.10 Purpose.
The Density Bonus ordinance is intended to comply with the State
Density Bonus Law, Government Code Section 65915, which provides that a
local government shall grant a density bonus and an additional incentive, or
financially equivalent incentive(s), to a developer of a housing development
agreeing to construct a specified percentage of housing for lower income
households, very low income households or senior citizens.
21.62.20 Definitions
As used in this chapter, the following terms shall have the following
meanings unless otherwise indicated from the context:
"Affordable Unit" shall mean a unit in which the rent does not exceed
for lower income households 30% of 60% of the Santa Clara median
income adjusted for household size, or as modified by state law, or b)
for very low income households 30% of 50% of the Santa Clara median
income adjusted for household size or as modified by state law.
"Below Market Rate" (BMR) shall mean units to be sold or rented at
below market rate prices.
"Density Bonus" shall mean an increase in the number of dwelling
units authorized for a particular parcel of land beyond the maximum
allowed by the General Plan range specified on the Land Use Map of
the City of Campbell General Plan.
"Eligible Campbell Employee" shall mean any head of household, or in
the case of married couples either spouse, who has worked within the
City Limits of Campbell continually for one (1) year.
Draft Density Bonus Ordi,.~ace
Pase 2
December 10, 1990
Eo
Fo
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Jo
Ko
Lo
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"Existing Campbell Resident" shall mean any person who has lived
within the City Limits of Campbell continually for one (1) year.
"First Time Home Buyer" shall mean a person who has not owned a
residence in the last three years.
"Household Type" shall mean the population group identified by
Government Code 65915 to qualify for a density bonus.
"Incentive" shall mean a benefit offered by the City to facilitate
construction of housing projects which include below market rate
units. Among others, benefits may include fee deferments and
waivers, granting of variances, relaxation of otherwise applicable
permit conditions.
"Lower income household" shall mean a household whose gross
income is as established by Health and Safety Code Sections 50079.5 or
as amended from time to time.
"Optimum Household Size" shall mean the appropriate household
size used by the Department of Housing and Community
Development for the California Housing Rehabilitation Program.
"Redevelopment Area" shall mean the area included within the
boundaries of the Central Campbell Redevelopment Project or as said
project area may be amended from time to time.
"Resale controls" shall mean a resale restriction placed on Below
Market Rate Units (BMR) by which the price of such units and income
of the purchaser will be restricted in order to ensure the affordability
and occupancy by lower or very low income households or senior
citizens. '
"Senior Citizen" shall mean a person at least 62 years of age.
"Senior Citizen Unit" shall mean a unit in which one the household
members is 62 years of age or older.
"Very low income household" shall mean a household whose gross
income is as established by Health and Safety Code Section 50105 or as
amended from time to time.
Draft Density Bonus Ordi. _ace
Page 3
December 10, 1990
21.62.30 Applicability
go
All housing developments containing 5 or more units (excluding
density bonus units) are eligible for a density bonus of 25%, and an
additional incentive, to developers agreeing to construct at least:
20% - of the units for lower income households, as defined in
Section 50079.5 of the Health and Safety Code, or
10% - of the units for very low income households, as defined in
Section 50105 of the Health and Safety Code, or
50% - of the units for senior citizens.
Projects which meet the requirements set forth in this chapter shall
qualify for a density bonus and at least one other concession or
incentive unless:
The City Council adopts a written finding that the additional,
concession(s) or incentive(s) is not required in order to provide
affordable housing.
21.62.40 Incentives
The State-mandated additional incentive or concessions will be
selected from the following list:
A reduction in site development standards or a
modification of the requirements of the Zoning
Ordinance. For applications involving the modification
of zoning or development standards the housing
developer shall show that the waiver or modification is
necessary to make the housing units economically
feasible. Permissible incentives include, but are not
limited to:
Reduction of parking requirements.
Reduction of open space requirements.
Reduction of set back requirements.
Bo
Other regulatory incentive(s) or concession(s) proposed by
the developer or the City, which result in identifiable cost
reductions. Permissible incentives include, but are not
limited to:
Reduction of park dedication fees
Reduction of application or construction permit
fees.
Draft Density Bonus Ord,..ace
Pase 4
December 10, 1990
21.62.50
Be
Ce
Do
Fo
o
Provision of tax exempt financing or other
financial assistance as approved by the City
Council or Redevelopment Agency Board.
Incentives or concessions must directly affect the financial
feasibility of including the BMR units in the project
without adversely affecting the health, safety and welfare
of City residents.
General Requirements
BMR units must remain affordable for 30 years if both a density bonus
and additional incentive are granted. If only a density bonus is granted
the BMR units shall remain affordable for 10 years. Affordability of
BMR units shall be maintained longer if government financing with a
longer designated preservation period is used for the project or if
required by redevelopment agency policy.
Eligible existing Campbell residents will have first preference for BMR
units; second preference will be given to eligible persons employed
within the City Limits of Campbell.
A Master Regulatory Agreement shall be made between the developer
and the City which indicates the household type, number, type,
location, size and construction scheduling of all BMR units and such
information as shall be required by the City for the purpose of
determining the developers compliance with this chapter. The Master
Regulatory Agreement will be required in a form acceptable to the City.
BMR units in a project and phases of a project shall be constructed
concurrently with or prior to the construction of non BMR units.
BMR units shall be provided as follows:
o
BMR units shall be dispersed throughout the project.
BMR units shall include all unit types represented in the project
and said unit types shall be provided in the same proportion as
the the project as a whole.
BMR units shall be indentical with the design of the non BMR
units with the following exception:
a. Reduction of interior amenities for BMR ownership units
will be permitted upon approval by the City as necessary
to retain project affordability.
The developer shall submit a project financial report (pro forma) to
allow the City to evaluate the financial need for the State mandated
Draft Density Bonus Ordi .... ice
Pase 5
December 10, 1990
additional incentives. The City may retain a consultant to review the
financial report. The cost of the consultant shall be born by the
developer with the following exceptions:
21.62.60
Be
If the applicant is a non profit organization the cost of the
consultant may be paid by the City upon approval of the City
Council.
If the proposal is in the redevelopment area, the Redevelopment
Agency may pay the cost of the consultant, at the discretion of
the Agency Director.
Requirements for Rental Housing Proiects.
All BMR units shall be occupied by the household type specified in the
written agreement required under section 21.62.50.C. The developers
obligation to maintain BMR units as affordable housing shall be
evidenced by a Master Regulatory Agreement that shall be recorded as a
Deed Restriction running with the land.
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 the Santa Clara
County median income adjusted for household size, or as modified by
State law.
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 the Santa Clara County
median income adjusted for household size, or as modified by State
law.
The appropriate household size used by the Department of Housing
and Community Development for the California Housing
Rehabilitation Program will be used to determine occupancy and rental
price limits.
Prior to the rental of any BMR unit, the City or its designee, shall verify
the eligibility of the prospective tenant. The owner shall obtain and
maintain on file certifications by each household. Certification shall be
obtained immediately prior to initial occupancy by each household and
annually thereafter, in the form entitled "Household Certification"
provided by the City. The owner shall obtain updated forms for each
household on request by the City, but in no event less frequently than
once a year. The owner shall maintain complete, accurate and current
records pertaining to the Property and will permit any duly authorized
Draft Density Bonus Ordi ..... ice
Pa~e 6
December 10, 1990
representative of the City to inspect the records pertaining the BMR
units and occupants of the said units.
Fo
The City may establish fees associated with the setting up and
monitoring of BMR units.
Go
The owner shall submit an quarterly report to the City, on a form
provided by the City. The report shall include for each BMR unit the
rent, income, and family size of the household occupying the unit.
Ho
The owner shall provide to the City any additional information
required by the City to insure the long-term affordability of the BMR
units by eligible households.
21.62.70 Requirements for Owner-Occupied Housing
go
All purchasers of BMR units shall be senior citizens or first time home
buyers in the household type required in the Master Regulatory
Agreement specified in section 21.62.50.B.
Bo
Purchasers shall be required to occupy the unit except with approval
from the City. Evidence must be presented to the City that the owner
is unable to occupy the unit due to illness or incapacity. In such cases,
the unit shall be rented to the same household type as the owner.
Co
BMR units targeted for lower-income households shall be sold at a
price 2.75 times the Santa Clara County median lower income adjusted
for the optimum household size for the unit.
Do
BMR units targeted for very low-income households shall be sold at a
price 2.75 times the Santa Clara County median very low income
adjusted for the optimum household household size.
21.62.80 Resale Restrictions
To ensure the continued affordability of BMR units, a Resale
Restriction will be recorded against all units. The Agreement shall restrict
the price at which a BMR unit may be resold. The Agreement shall specify
that the BMR home must be occupied by the owners, and can not be rented at
any time in the future, except upon approval by the City as specified in section
21.62.70.B. In the event of resale, subsequent owners must meet the same
qualifications as the original owner and must be pre-approved for purchase by
the City. The agreement shall also grant the City the right-of-first refusal to
purchase a BMR unit each time it is sold.
Draft Density Bonus Ord,_ ..~ce
Page 7
December 10, 1990
21.62.90 Application Procedure
A developer may submit to the Planning Department a preliminary
proposal for the development of housing pursuant to this chapter prior
to the submittal of any formal application. The City shall, within 90
days of receipt of a preliminary proposal provide the housing
developer in writing, comments and preliminary evaluation of the
project. Such comments or preliminary evaluation does not bind
future city actions.
Be
Formal application shall follow the review process stated in Chapter
21.06 of the Campbell Municipal Code established by the City and shall
in addition provide additional information as specified in this chapter:
o
Provide a written statement specifying the desired density
increase, incentive requested and the number, type, location, size
and construction scheduling of all dwelling units.
Submit a project financial report (pro forma), as required.
Or any other information requested by the Planning Director.
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750 RIDDER PARK DRIVE
SAN JOSE, CALIFORNIA 95190
IN THE
C~TY OF ,~,,..A.,XJ~..~E~L ..........................
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
City of Campbell
75 North Central Avenue
Campbell, CA 95008 '
SUMMARY ORDINANC..E OF No
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STATE OF CALIFORNIA, \
COUNTY OF SANTA CLARA] ss.
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December 19; 1990 ...................
CITY COUNCIL MINUTES - DECEMBER 10, 1990
Public Hearing - Introduction of Ordinance - C/ty-initiated Text Amendment
establishing a Density Bonus Ordinance - ~ 90-03
This is the time and place for a public hearing to consider a
City-initiated text amen~t to the Can~bell Municipal Code adding
Chapter 21.62 establishing a Density Bonus.
Senior Planner Tsuda - Staff S~,,,~ry Report dated 12/10/90.
The Mayor declared the public hearing opened. There being no d/scussion
by members in the audience, M/S: Burr/Watson - to close the public
hearing. Motion adopted ~1¥.
M/S: Surr~~ - to lnt_rodu~ for fJ.r~ zeadincj Oz, t~ 1825 adoptl~
a text ammdmerfc to the ~ Nunict~ (kxie addincj ~.~ 21.62.
t,~:ion adopted blt the foLtowincj rol/ call vote:
The City Clerk read the Ordinance title. M/S: Conant/Burr - to waive
further reading. Motion adopted unanimously.
M/S: Burr/Watsom - to intrcxiuce for first readinG Oz~{~ No. 1826.
Motion adopted b~r the follcmrimg zoll call ~ce:
AYES: Cxmnci~:
NOES: (bunci~:
A~S~: Counci~:
The City Clerk read .the Ordinance title. M/S: Conant/Burr - to waive
further reading. Mo~ion adopted unanimously.
CITY OF CAMPBELL
TO:
FROM:
DATE:
SUBJECT:
Mayor and Members of the Ci,~y~ouncil
Randy Tsuda, Senior PlanneK~~2k~
Monday, December 10, 1990
Density Bonus Ordinance - TA 90-03
The Redevelopment Agency counsel has suggested a few minor changes to
the Density Bonus Ordinance as shown below. Proposed additions are shown
in underlined text and proposed deletions are shown in str;.l~co~',:~. text.
21.62.30 Applicability
go
All housing developments containing greater ~,han 5 or more units
(excluding density bonus units) are eligible for a density bonus of 25%,
and an additional incentive, to developers agreeing to construct at
least:
21.62.50 General Requirements
A Master Regulatory Agreement shall be made between the developer
and the City which indicates the household type, number, type,
location, size and construction scheduling of all BMR units and such
information as shall be required by the City for the purpose of
determining the developers compliance with this chapter. The Master
Regulatory Agreement will be required in a form acceptable to the City.
21.62.60 Requirements for Rental Housing Projects.
go
All BMR units shall be occupied by the household type specified in the
written agreement required under Section 21.62.50.B C. The developers
obligation to maintain BMR units as affordable housing shall be
evidenced by a Master Regulatory Agreement that shall be recorded as a
Deed Restriction running with the land.
dbomods.mern(mc7)
CITY OF CAMPBELL
COUNCIL REPORT
Meeting Date:
Category:
Initiating Dept:
Title:
December 10, 1990 Item #
PUBLIC HEARINGS AND INTRODUCTION OF
ORDINANCES
Planning Department
Public Hearing - Introduction of Ordinance - City - Initiated Text
Amendment establishing a Density Bonus - TA 90-03
pLANNING COMMISSION RECOMMENDATION
The Planning Commission recommends that the City Council take the following actions:
GRANT a Negative Declaration.
GIVE FIRST READING OF AN ORDINANCE, adopting a Text Amendment to the
Campbell Municipal Code adding Chapter 21.62.
State Requirements
A. The State Density Bonus Law requires that local governments grant a density bonus of at
least 25% above the general plan density range to a housing developer whose project
contains one of the following:
20% of the units for lower-income households.
10% of the units for very low-income households.
50% of the units for senior citizens.
Bo
In addition to granting a density bonus to developers that meet the aforementioned
requirements, the jurisdiction must provide at least one other incentive or make written
findings that the additional incentive is not necessary for affordability. Adoption of
an implementing ordinance by each jurisdiction is required.
Summary of Proposed Ordinance
A. Incentives:
State law specifies that one of the incentives offered must include a procedure for
modifying development and zoning standards. The State-mandated additional
incentive(s) or concession(s) include, but are not limited to the following list:
2.
3.
4.
5.
6.
Reduction of parking requirements.
Reduction of open space requirements.
Reduction of set back requirements.
Reduction of park dedication fees.
Reduction of application or construction fees.
Provision of tax exempt financing or other financial assistance as
approved by their, ~~edevelopment Agency Board.
Approved by City Manager
City Council Report - L~.,sity Bonus Ordinance December 10, 1990
2
B. Terms
The Below Market Rate (BMR) units must be reserved for the targeted income
range for a minimum of 30 years if both a density bonus and an additional
incentive are granted, 10 years if only the density bonus is granted.
2o
The ordinance requires that the owners of BMR units record a Master
Regulatory Agreement which specifies the owners obligation to maintain the
units as affordable, monitoring procedures and such information determining
compliance with this ordinance.
C. Eligibility:
Eligible Campbell residents will have first preference for BMR units; second preference
will be given to eligible persons employed within the City Limits of Campbell.
The Planning Commission or public raised no major concerns with the ordinance.
RECOMMENDATION SUMMARY
The Planning Commission voted (6-0-0-1) to recommend approval of the proposed Text
Amendment.
Attachment~:
1. Ordinance with Enclosures
2. Planning Commission Resolution No. 2713
3. Planning Commission Minutes of November 27,1990
4. Staff Reports
Prepared by:
Curtis Banks, Planning Intern
RESOLUTION NO. 2713
PLANNING COMMISSION
_BEING A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBELL APODPTING A TEXT
AMENDMENT TO THE MUNICIPAL CODE OF THE CITY OF
CAMPBELL, CALIFORNIA ADDING CHAPTER 21.62. CITY-
INITIATED FILE NO. TA 90-03.
After due consideration of all evidence presented and based on upon the
following findings, the Planning Commission did determine that there is
significant need to add Chapter 21.62 to the Campbell Munidpal Code, as
follows:
The Planning Commission held a public hearing for consideration of
the addition of Chapter 21.62 of the Campbell Municipal Code on
November 27, 1990.
Government Code Section 65915 requires that local governments adopt
an ordinance implementing the State Density Bonus Law.
Government Code Section 65915 requires the implementing ordinance
to include a procedure for evaluating preliminary applications and to
specify which incentives will be offered developers of qualified
projects.
An Initial Study has been prepared on the ordinance, as required by the
California Environmental Quality Act.
Based upon the foregoing findings of fact, the Planning Commission
concludes that:
A Negative Declaration is appropriate as no significant environmental
impacts have been identified to be associated with the project which
cannot be mitigated.
The amendment is consistent with State requirements pertaining to
the State Density Bonus Law.
o
The proposed amendment contains implementation measures
required by Government Code Section 65915.
The proposed amendment will not be detrimental to the health, safety,
peace, morals, comfort, or general welfare of persons residing or
working in the neighborhood of such proposed use, or be detrimental
Planning Commission Resomtion 2713
TA 90-03
2
or injurious to property and improvements in the neighborhood or to
the general welfare of the City.
The proposed amendment facilitates meeting the City's share of
regional housing needs for lower-income and very low-income
households.
Implementation of this amendment will contribute to compliance
with housing element law as well as density bonus law.
The Planning Commission does hereby adopt a Resolution recommending
the City Council adopt the attached Ordinance adding Chapter 21.62 to the
Campbell Municipal Code.
PASSED AND ADOPTED at a regular meeting of the Planning Commission
of the City of Campbell this 27th day of November, 1990, by the following roll
call vote:
AYES:
Commissioners: Dougherty, Fox, Higgins,
Meyer Kennedy, Wilkinson, Chariman Perrine
NOES:
Commissioners: None
ABSENT:
Commissioners: Alne
ABSTAIN:
Commissioners: None
APPROVED:
Jay Perrine, Chairman
ATTEST:
Steven T. Piasecki, Secretery
750 RIDDER PARK DRIVE
SAN JOSE, CALIFORNIA 95190
IN THE
CITY OF CAMPBELL
STATE OF CALIFORNIA
COUNTY OF SANTA Ct_ARA
City of Campbell
75 North Central Avenue
............ ...... ................................................................. :...
............ hI~%IC~..f~F...~EA~IN~. ....... N~1128-6EX)
TATE OF CALIFORNIA, \
OUN"FY OF SANTA CLARA] ss.
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San J~ ~ ~ ~ly el Sinll ease. Slate el Catil~n~, t~l ~aid San J~ Me[cu~ N~ ~ and was
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~pl~ ~1 el ~ ~1~. and ~ ~1 ~o1~ Io tI~ ~l~a~ls ~ ~bl~d
1~ of &ny ~r el ~h ~. ~of~, Ira~, ~lfin~. races ~
November 28, 1990
;NOTICE OF HEARING
NOTICE IS HE'REBY GIVEN that the City
Council of the City of Campbell has set
hour of 7:30 p.m., or shortly thereafter, on
'Monday, December 10, 1990, in the City Hall
Council Chambers, 70 N. First Street, Camp-
- bell, California, as the time and place for
~ public hearing to consider a City-initiated
application amending the text of
_.~Mu~oic,;,;,;,;,;,;,;,;~L~l"'~!~,,,,m~tablishing a ~
IIIIIli~l'~lI~l~llIowing an increase
'4he maximum number of units curren~
available under the City's General,, Plan with
the provision of affordable housing, units.;.
· . A Negative Declaration has been prepare(( for
. this proiect. Plans, elevations, legal descrip-
tions and/or other supporting documentation is
on file in the Planning Department, 70 North
First Street, Campbell, California.
Interested persons are invited to appear and be'
,.heard at said hearing. Please be advised that
if you challenge the nature of the above prOject
!n court, you may be limited to raising only those '
~ssues you or someone else raised at the public
T. hearing described in the Notice, or in written,
"correspondence:. delivered to the. City,' of":;,
,Campbell City Clerk's Office at or prior 4o the
public hearing. Ouestions may be addressed to
the City Planning Office at 866-2140.
CITY COUNCIL
CITY OF CAMPBELL '
BARBARA OLSASKY '.
CITY CLERK
PLEASE NOTE: When cafl!ng aJ~ l~.is Notice,
please refer to File
(1128-6EX)
27th November 90
~ ....................................................... day of ...................................................... 10 .......................................................
PLANNING COMMISSION MINUTES NOVEMBER 27, 1990 DRAFT
5. TA 90--03
City-initiated
Public Hearing to consider a City-initiated
application amending the text of the City's
Municipal Code establishing a Density Bonus
Ordinance allowing an increase in the maximum
number of units currently available under the
City's General Plan with the provision of
affordable housing units.
Chairperson Perrine read the Application into the record.
Randy Tsuda, Senior Planner, reviewed the proposed Text Amendment and
discussed the Staff Report. He provided a brief overview of the
document, as follows:
- This is a local implementation measure required by the State
for cities to grant a density bonus of at least 25 percent to
encourage affordable housing to people with, very low, low
income, or seniors on fixed incomes.
- That cities must also provide at least one other incentive or
make findings that an incentive is not necessary for
affordability.
- Terms for Below Market Rate is for 30 years, however, 10 years
if only the density bonus is granted.
- Eligibility
- Process will require that applicants requesting density bonus
must be approved by City Council
Commission Discussion:
Commissioner Fox asked what the possible highest bonus would be. In
response Mr. Tsuda stated that the State does not specify how many
incentives a jurisdiction is able to offer, however, he stated that at
least one incentive is required to ensure affordability.
Commissioner Higgins asked what would happen if a property owner later
wanted to convert the affordable housing into higher priced housing.
Mr. Tsuda explained that if a city grants a density bonus and one
incentive then the unit would have to remain affordable for thirty
years.
Commissioner Dougherty asked if the affordability of a unit could be
extended and Mr. Tsuda stated laws governing the length of time a unit
must be kept affordable is mandated by the State and could not be
extended.
Commissioner Dougherty requested that additional language be included to
ensure that preliminary comments made by Staff to applicants does not
bind the Commission or the City Council's decisions.
city Attorney, William Seligmann, suggested that additional language be
added under Section 21.62.90 (A) to the last sentence, as follows: ". .
, such comment or preliminary evaluation does not find future City
actions."
PLANNING COMMISSION MINUTES -2- NOVEMBER 27, 1990
Commissioner Meyer-Kennedy asked if the housing units would be dispersed
within the housing complexes. Mr. Tsuda indicated that low income units
would be dispersed throughout the housing complexes and that any
relocation of these units would require approval by the City.
Discussion ensued between Commissioners and staff regarding the
following:
Park dedication fees
Transfer of density bonuses to other developments
The Public Hearing on TA 90-03 was opened.
Public Comments:
There was no public comment.
M/S: Meyer-Kennedy, Fox
NOTION TO CLOSE THE PUBLIC HEARING WAS
UNANIMOUSLY APPROVED.
M/S: Dougherty, Meyer-Kennedy
NOTION TO GRANT ANEGATIVE DECLARATION
AND ADOPT RESOLUTION NO. 2713, APPROVING
TA 90-03, AS AMENDED WAS UNANIMOUSLY
APPROVED BYTHEFOLLOWING ROT~.~T~.
VOTE:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
Higgins, Fox, Meyer-Kennedy, Dougherty,
Wilkinson, Perrine
None
Alne
The adopted resolution, attached hereto, is made a part of these
minutes.
* * *
ITEM NO. 5
STAFF REPORT - PLANNING COMMISSION MEETING OF
NOVEMBER 27,1990
TA 90-03
Public Hearing to consider a City-Initiated application
amending the text of the City's Municipal Code to
establish a Density Bonus Ordinance allowing an increase
in the maximum number of units currently available
under the City's General Plan with the provision of
affordable housing units. (Tentative City Council date:
12110190).
STAFF RECOMMENDATION
That the Planning Commission take the following actions:
Recommend that the City Council grant a Negative Declaration.
ADOPT A RESOLUTION incorporating the attached findings,
recommending that the City Council adopt the attached Text
Amendment.
BACKGROUND
On March 26, 1990 the State amended Government Code 65915, relating to
density bonus requirements. The State Density Bonus Law requires that local
governments must grant a density bonus of at least 25% above the general
plan density range to a housing developer whose project contains one of the
following:
20% of the units for lower-income households.
10% of the units for very low-income households.
50% of the units for senior citizens.
In addition to granting a density bonus to developers that meet the
aforementioned requirements, the jurisdiction must also provide at least one
other incentive or make written findings that the additional incentive is not
necessary for affordability. Adoption of an implementing ordinance by each
jurisdiction is required.
SUMMARY OF PROPOSED CITY ORDINANCE
A. Incentives
State law specifies that one the incentives offered must include a
procedure for modifying development and zoning standards.
Staff Report for TA 90-0. 2 November 27, 1990
Be
C.
The State-mandated additional incentive(s) or concession(s)
include, but are not limited to the following list:
4.
5.
6.
Reduction of parking requirements.
Reduction of open space requirements.
Reduction of set back requirements.
Reduction of park dedication fees.
Reduction of application or construction fees.
Provision of tax exempt financing or other financial
assistance as approved by the City Council or
Redevelopment Agency Board.
Terms
The Below Market Rate (BMR) units must be reserved for the targeted
income range for a minimum of 30 years if both a density bonus and an
additional incentive are granted, 10 years if only the density bonus is
granted. The ordinance requires that the owners of BMR units record
a Master Regulatory Agreement which specifies the owners obligation
to maintain the units as affordable, monitoring procedures and such
information determining compliance with this ordinance.
Rents
According to State Law, rents for BMR units will be as follows:
Rents for lower-income households shall not exceed 30% of 60%
of the Santa Clara median income, adjusted for household size.
Rents for very low-income households shall not exceed 30% of
50% of the Santa Clara median income, adjusted for household
size.
E igibflity
Eligible Campbell residents will have first preference for BMR units;
second preference will be given to eligible persons employed within
the City Limits of Campbell.
Process
All applications requesting a density bonus must be approved by the
City Council.
Staff Report for TA 90-0b 3 November 27,1990
F. Pro Forma
To evaluate the financial need for the State mandated incentive the
ordinance requires the developer to submit a project financial report
(pro forma). If the City retains a consultant to review the financial
report the cost of the consultant will be paid by the developer with the
following exceptions:
If the applicant is a non profit organization the cost of the
consultant may be paid by the City upon approval of the City
Council.
If the proposal is in the redevelopment area, the Redevelopment
Agency may pay the cost of the consultant, at the discretion of
the Agency Director.
Attachments:
1. Findings for Approval
2. Exhibit A - Draft Density Bonus Ordinance
3. Initial Study
Submitted by:
Approved by:
Curtis Banks, Planning Intern
Steve iasecki, Planning Director
FINDINGS FOR APPROVAL OF A TEXT AMENDMENT TO THE
CAMPBELL MUNICIPAL CODE CHAPTER 21.62 TO ADOPT A DENSITY
BONUS ORDINANCE.
After due consideration of all evidence presented and based on upon the
following findings, the Commission did determine that there is significant
need to add Chapter 21.62 to the Campbell Municipal Code, as follows:
The Commission held a public hearing for consideration of the
addition of Chapter 21.62 of the Campbell Municipal Code on
November 27, 1990.
o
Government Code Section 65915 requires that local governments adopt
an ordinance implementing the State Density Bonus Law.
Government Code Section 65915 requires the implementing ordinance
to include a procedure for evaluating preliminary applications and to
specify which incentives will be offered developers of qualified
projects.
An Initial Study has been prepared on the ordinance, as required by the
California Environmental Quality Act.
Based upon the foregoing findings of fact, the Planning Commission
concludes that:
A Negative Declaration is appropriate as no significant environmental
impacts have been identified to be associated with the project which
cannot be mitigated.
The amendment is consistent with State requirements pertaining to
the State Density Bonus Law.
The proposed amendment contains implementation measures
required by Government Code Section 65915.
The proposed amendment will not be detrimental to the health, safety,
peace, morals, comfort, or general welfare of persons residing or
working in the neighborhood of such proposed use, or be detrimental
or injurious to property and improvements in the neighborhood or to
the general welfare of the City.
The proposed amendment facilitates meeting the City's share of
regional housing needs for lower-income and very low-income
households.
Implementation of this amendment will contribute to compliance
with housing element law as well as density bonus law.
ENVIRONNIENTAL IMPACT ASSESSMENT
ENVIRONMENTAL C:HEC)CI. IST TO BE USED BY T~IE CITY O!f CAMPBEI! IN MAKING IINITIAL ~TUDY
L
ADDRESS OF PROPONENT:
DaT
AGENCY ~Q~ING CHEC~ST:
il.
ENV ! ~AL, IMPACTS
(EXPLANATIONS OF AlL
Y~S AND ~
AJqSWE:RS ARE: RE:GJUIRED ON ATTACHED SHEET)
YES MA~FBE NO
1. EARTH. Will the proposal result in:
a. Unstable earth conditions or in changes in
geologic substructures?
b. Disruptions, displacements, compaction or
overcovering of the soil?
c. Change in topography or ground surface relief
features?
d. The destruction, covering or modification of
any unique geologic or physical features?
e. Any increase in wind or water erosion of
soils, either on or..off Zhe site?
f. Changes in deposition or erosion of beach
sands, or changes in siltation, deposition
or erosion which ma~ modif~ the channel of
a river or stream or the bed of the ocean
or an~ ba~, inlet or lake?
g. Exposure of people or propert~ to geologic
hazards such as earthquakes, landslides,
mudslides, ground failure, or similar
hazards?
n
1 of 6 pages
2. AIR. Will proposal result in:
a. Substantial air emissions or deterioration of
ambient air quality?
b. The creation of objectionable odors?
c. Alteration of air movement, moisture or tempera-
ture, or any change in climate, either locallw
or regionalI~?
3. WATER. Will the proposal result in:
a. Changes in currents, or the course or direction
of water movements, in either marine or fresh
waters?
b. Changes in absorption rates, ~rainage ~atterns,
or the rate and amount of surface water runoff?
c. Alterations to the course or flow of flood
waters?
d. Change in the amount of surface water in anw
water body?
e. Discharge into surface waters, or in any altera-
tion of surface water quality, including.but not
limited to temperature, dissolved o~ggen or
turbidity?
f. Alteration to the direction or rate of flow
of ground waters?
g. Change in the quantit~ of ground waters, either
through direct additions or withdrawals, or
through interception of an aquifer by cuts or
excavations?
h. Substantial reduction in the amount of water
otherwise available for public water supplies?
i. Exposure of people or property to water related
hazards such as flooding or tidal waves?
4. PLANT LIFE. Will the proposal result in:
a. Change in the diversit~ of species or number
ofany species of plants (including trees,
shrubs, grass, crops, microflora and aquatic
plants)?
b. Reduction of the numbers of any unique, rare
or endangered species of plants?
c. Introduction of new species of plants into an
area, or in a barrier to the normal replenishment
of existing species?
d. Reduction in acreage of any agricultural crop?
0
0
ID
ID
ID
0
2 of 6 ~ges
MAYBE:
10.
11.
12.
5. ANIMAL LIFE. Will the proposal result in:
a. Change in the diversit~ of species, or numbers
of an~ species of animals (birds, land animals
including reptiles, fish and shellfish, benthic
organisms, insects or microfauna) ?
b. Reduction of the numbers of any unique, rare
or endangered species of animals?
c. Introduction of new species of animals into an
area, or result in a barrier to the migration
or movement of animals?
d. Deterioration to existing fish or wildlife
habitat?
6. NOISE. Will the proposal result in:
a. Increases in existing noise levels?
b. Exposure of people to severe noise levels?
7. LIGHT AND GLARE. Will the proposal produce new
light or glare?
8. LAND USE. Will the proposal result in a substantial
alteration of the present or planned land use of an
area?
9. NATURAL RESOURCES. Will the proposal result in:
a. Increase in the rate of use of any natural
resources?
b. Substantial depletion of any nonrenewable
natural resource?
RISK OF UPSET. Does the proposal involve a risk
of an explosion or the release of hazardou~ sub-
stances (including, but not limited to, oil,
pesticides, chemicals or radiation) in the event
of an accident or upset conditions?
POPULATION. Will the proposal alter the location,
distribution, density, or growth rate of the hnwmn
population of an area?
HOUSING. Will the proposal affect existing housing,
or create a demand for additional housing?
3 of 6 pages
MAYBE: NO
13o .
14.
15.
16.
TRANSPORTATION/CIRCULATION. Will the proposal
result in:
a. Generation of substantial additional veh/cular
movement.
b. Effects on existing parking facilities,-'or.
demand for new parking?
c. Substantial impact upon existing transportation
systems?
d. Alterations to present patterns of circulation
or movement of people and/or goods?
e. Alterations to waterborne, rail or air traffic?
f. Increase in traffic hazards to motor vehicles,
bicyclists or pedestrians?
PUBLIC SERVICES. Will the proposal have an effect
upon, or result in a need for new or altered
governmental services in any of the following areas:
Fire protection?
..
Police protection?
Schools?
Parks or other recreatiomal facilities?
Maintenance of public facilities, including
roa ds ?
f. Other governmental services?
ENERGY. Will' the proposal result in:
Use of substantial amounts of fuel or energy?
Substantial increase in demand upon existing
sources of energ9, or require the development
of new sources of energg?
UTILITIES. Will the proposal result in a need
for new s~stems, or substantial alterations to
the following utilities:
a. Power or natural gas?
b. Communications swstems?
c. Water?
d. Sewer or septic tanks?
e. Storm water drainage?
f. Solid waste and disposal?
D
4 of 6 pages
MAYBE: NO
17. HUMAN HEALTH. Will the proposal result in:
18.
19.
20.
a. Creation of any health hazard or potential
health hazard (excludingmsntal health)?
b. Exposure of people to potential health hazards?
AESTHETICS. Will the proposal result in the
obstruction of any scenic vista or view open to the
public, or will the proposal result in the creation
of an aestheticall~ offensive site open to public
view?
RECREATION. Will the proposal result in an impact
upon the'quality or quantity of existing recreational
opportunities?
ARCHEOLOGICAL/HISTORICAL. Will the proposal result
in an alteration of a significant archeological or
historical site, structure, object or building?
21. MANDATORY FINDINGS OF SIGNIFICANCE. '.
a. Does the project have the potential to degrade
the quality of the environment, substantially
reduce the habitat of a Fish or wildlife'species,
cause a fish or wildlife population to drop below
self sustaining levels, threaten to eliminate a
plant or animal community, reduce the number or
restrict the range of a rare or endangered plant
or animal or eliminate important examples of the
major periods of California history or prehistor~?
b. Does the~roject have the potential to ach/eve
short-term, to the disadvantage of long-term,
environmental goals? (A short-term impact on
the environment is one which occurs in a re/a-
tively brief, definitive period of time while
long-term impacts will endure well into the
future.)
c. Does the project have impacts which are indiv'
idually limited, but cumulatively considerable?
(A project may impact on two or more separate
resources where the impact on each resource
is relativel~ small, but where the effect of
the total of those impacts on the environment
is significant.)
d. Does the project have environmental effects
which will cause substantial adverse effects
on human beings, either directly or indirectly?
5 of 6 pages
/
IV. DE?I'F.s~ ! I~U%T ! Of 4
AF'*I'E:R RE'VIE:WING THI~ E:NVIRON/d~NTAL. INIE'OR/4ATION SUBMIT~D BY ~
API)L. lC:ANt', AND AFTE:R COM'PI.E:TING 'rilE: ~'NVIFIONME:NTAI. Cl41~CKI. IST USE:
BY TH~ CITY OF C)JWPBEI. I. IN IL~KING ~ I:NVIRONME~IYAI. &BSe"S·Id~NT
I find 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 ~ot
be a significant effect in this case because the miti-
gation measures described on an attached shset have
been added to the project. A NEGATIVE DECLARATION
WILL BE PREPARED.
I find the proposed project ~Y have a significant effect
on the environment, and an ENVIRONMENTAL I~PACT REPORT
is required.
6 of 6 pages
DISCUSSION OF ENVIRONMENTAL IMPACTS
File No:
Applicant:
Address:
APN:
Proiect Description:
TA 90-03
City of Campbell
City Wide
N/A
Density Bonus Ordinance
Se
Will the proposal result in a substantial alteration of the present land
use of an area.
Discussion
State law requires local governments to grant a density bonus of at least
25% above the general plan density range to 'a housing developer
whose project contains a spedfied percentage of Below Market Rate
housing units.
Mitigation
Land Use impacts will be evaluated in conjunction with project review
for each specific application.
11.
Will the proposal alter the location distribution, density, or growth rate
of the human population of an area.
Discussion
Projects that contain the required percentage of Below Market Rate
housing will receive a density increase of 25% above the general plan
density range.
Mitigation
Impacts assodated with increased density and population will be
evaluated in conjunction with project review for each specific
application.
CITY OF CAMPBELL
TO:
FROM:
DATE:
SUBJECT:
Chairman and Members of the Planning Commission
Randy Tsuda, Senior Planner ~/,,~_,,~[
Curtis Banks, Planning Intern
Thursday, November 15, 1990
Study Session -- Density Bonus Ordinance
INTRODUCrION
In March 1990, the State of California passed a revised Density Bonus Law.
The law requires that the City allow additional housing units and other
incentives for projects which include senior or below market-rate housing.
The Trammell Crow application (PD 90-07) includes a density bonus for the
provision of affordable units, as provided by the State law. The law requires
that the City adopt a local implementing ordinance prior to the grant of the
density bonus. Staff is currently drafting a local Density Bonus Ordinance to
comply with the State requirements.
This memorandum will summarize the major provisions of the State law
and will discuss how the City's ordinance will be structured.
SUMMARY OF STATE LAW
The State Density Bonus Law contains the following requirements:
ge
Governments must grant a density bonus of at least 25% above the
general plan density range to a housing developer whose project
contains one of the following:
20% of the units for lower-income households.
10% of the units for very low-income households.
50% of the units for senior citizens.
Be
The jurisdiction must also provide at least one of the following
incentives or make written findings that the additional incentive is not
necessary for affordability:
Reduce development, zoning, or design requirements exceeding
state building codes.
Allow mixed use zoning with the housing project.
Memorandum to Plannir,t, _ommission - Density Bonus Ordinance
Pa~e -2-
November 15~ 1990
o
Provide other regulatory incentives resulting in cost reductions
such as an additional density bonus or 20% set-aside funds.
Provide other incentives of equivalent financial value.
The City ordinance must specify which incentives the City may grant.
Co
Units must be reserved for the targeted income range for a minimum of
30 years if both a density bonus and an additional incentive are granted,
10 years if only the density bonus is granted.
D. The law applies to rental or ownership housing.
SUMMARY OF CITY ORDINANCE
Staff is in the process of drafting a draft Density Bonus Ordinance for
Planning Commission and City Council consideration. Staff is considering
the following provisions:
A. The State-mandated additional incentive will be selected from the
following list.
2.
3.
4.
Financial assistance by the Redevelopment Agency.
Reduction in Park Dedication Fees.
Reduction in application or construction permit fees.
Reduction in parking, open space, or setback requirements.
Be
The below market-rate units shall be evenly dispersed throughout the
project.
Co
The below market-rate units shall be identical in exterior appearance to
the market-rate units.
Do
The developer shall submit a project financial report (pro forma) to
allow the City to evaluate the financial need for the additional incentive.
The City may retain a consultant to review the financial report. The cost
of the consultant shall be born by the developer. If the proposal is
located in a redevelopment area, the Redevelopment Agency may pay
the cost of the consultant, at the discretion of the Agency Director.
Eo
Deed restrictions shall be recorded which preserve the affordability of the
below-market rate units for the required period of time.
Staff will also be developing systems to ensure that the units are rented or
sold at affordable levels and that the occupants are very low or low income
households.
Memorandum to Plannino _ommission - Density Bonus Ordinance
Pase -3-
November 15,1990
CONCLUSION
This memorandum discusses the general requirements of the State law and
the significant provision that staff is considering for the City ordinance. This
ordinance is scheduled for hearings
at the same meetings on which the
South of Campbell Avenue Area
General Plan Amendment will be
heard (see chart at right).
MEETING DATE
Planning Commission Study Session 11/19/90
Planning Commission Hearing 11/27/90
City Council Hearin8 12/10/90
Staff can provide the Commission with additional details at the Study
Session.
pcdboll-15..mem(mc6)
i I tLTL71 VI I UL)LIU/1 Ilk. Jl~
750 RIDDER PARK DRIVE
SAN JOSE, CALIFORNIA 95190
IN THE
CITY OF CAMPBELL
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
City of Campbell
75 North Central Avenue
........... ¢. ~.~.b.~.~ ~...¢.~. ....... 9..5..0.9.8.. ............................................................... ~...
OTICE OF HEARINGS ,. (lll4-1EX)
ATE OF CALIFORNIA, \
IUNTY OF SANTA CLARA) ss.
Ii'si (~ sworn, c~pos~ and ~: T~I al al I~ he~e~he¢ ~nli~d alibi,was
s~ was al and O~ afl ~ I~ and slil{ b IN pr~cipal C~k of Ir~ ~lnler end
~ly Of Sanla Oa~a. Slale ol Calll~. t~t ~id San J~ 1.4e~cu~ N~5 ~ and was
~l~ I ~i~ OI ~al CbCU~l~ as Iai letm ~ ~l~d by ~1~ ~ and
~ le~a~ ~ and ~lelli~e ol I ~al c~ocle(.
~la~. pr~l~ a~ ~ ~ I~ ~id Cily of San J~ ~ ~U ~r,y aa Stale
l~n ~ ye$~ ~edi~ I~ fuGl pu~l~n ol I1~ notice ~wein ~nl~; II~l
~1~ I~n ~l~lnd wll pr~e~d ~th words p~inl~
~li. ~ I~ e~ ~ g~ral lerms. I~ ~r~l and C~lacl~w ol I~ nol~
It~ cb~ OI ~t~h ~ in~ ~ I I~ pnnled c~y, was
November 14, 1990
,d at ~ ..k:~.~. C.~lorr~
15th ~Y ~ November 90
~'~n ~ MetcuT 14~. ' .......................................
NOTICE OF HEARINGS
mort of ~tte C~ty of C~I h~ ~t the hour of 7:30
Fnt S~'eeL CaraCaS. Oeltfom~ tm' i~bNc hem.lng
Ma. Uoneuelo Olealll. for approval of
at 531 North Cemr&l Avenue. la · C-1-S
~gNx~x~l¢ommer¢lal) and R-I-S
(Single4:amay I~mdenUal) ZOl~g ~ APN:
2:7~-2~0~. ~ No. UP ~0-13. A
al~Olica~3n fo~ Ippmvld - of & Ge,3eml PIm
Ame~me~t tot the Sou~ of ~fl A~
I~ested ~s ~y aae~ ~ m~ing and
Hean~. O~li~ may ~ ~e~d to ~ P~
PLANNING COMMISSION.
CiTY OC CAMPBELL
ENVlFK)NMENTAL IMPACT ASSESSMENT
ENVIRONMENTAL CHECKLIST 'TO BE USED BY THE CITY OF CAMPBELL IN MAKING IINITIAL STUDY
L_
DATE OF CHECKLIST S~MITTED:
AGENCY REQUIRING CHECKLIST:
!1.
ENVIRONMENTAL IMPACTS
(E.~LANATION$ OF' ALL YES
AND
MAYBE ~"cNSWI'"RS ARE REQUIRED ON ATTACHED SHEET)
YES MA~'BE NO
1. EARTH. Will the proposal result in:
a. Unstable earth conditions or in changes in
geologic substructures?
b. Disruptions, displacements, compaction or
overcovering of the soil?
c. Change in topography or ground surface relief
features?
d. The destruction, covering or modification of
any unique geologic or physical features?
e. Any increase in wind or water erosion of
soils, either on or.~ff the site?
f. Changes in deposition or erosion of beach
sands, or changes in siltation, deposition
or erosion which may modify the channel of
a river or stream or the bed of the ocean
or any bay, inlet or lake?
g. Exposure of people or property to geologic
hazards such as earthquakes, landslides,
mudslides, ground failure, or similar
hazards?
[] [] ~
[] [] ~
1 of 6 pages
YE:S M.~Y~E: NO
2. AIR. Will proposal result in:
a. Substantial air emissions or deterioration of
ambient air quality?
b. The creation of objectionable odors?
c. Alteration of air movement, moisture or tempera-
ture, or any change in climate, either locally
or regionally?
3. WATER. Will the proposal result in:
a. Changes in currents, or the course or direction
of water movements, in either marine or fresh
waters?
b. Changes in absorption rates, drainage patterns,
or the rate and amount of surface water runoff?
c. Alterations to the course or flow of flood '~
waters?
d. ~Change in the amount of surface water in any
water body?
e. Discharge into surface waters, or in any altera-
tion of surface water quality, including.but not
limited to temperature, dissolved oxygen or
turbidity?
f. Alteration to the direction or rate of flow
of ground waters?
g. Change in the quantity of ground waters, either
through direct additions or withdrawals, or
through interception of an aquifer by cuts or
excavations?
h. Substantial reduction in the amount of water
otherwise available for public water supplies?
i. Exposure of people or property to water related
hazards such as flooding or tidal waves?
4. PLANT LIFE. Will the proposal result in:
a. Change in the diversity of species or number
of any species of plants (including trees,
shrubs, grass, crops, microflora and aquatic
plants)?
b. Reduction of the numbers of any unique, rare
or endangered species of plants?
c. Introduction of new species of plants into an
area, or in a barrier to the normal replenishment
of existing species?
d. Reduction in acreage of any agricultural crop?
[]
o
o
o
o
o
[]
[]
[]
2 of 6 pages
5. ANIMAL LIFE. Will the proposal result in:
a. Change in the diversity of species, or numbers
of any species of animals (birds, land animals
including reptiles, fish and shellfish, benthic
organisms, insects or microfauna)?
b. Reduction of the numbers of any unique, rare
or endangered species of animals?
c. Introduction of new species of animals into an
area, or result in a barrier to the migration
or movement of animals?
d. Deterioration to existing fish or wildlife
habitat?
6. NOISE. Will the proposal result in:
We
10.
11.
12.
a. Increases in existing noise levels?
b. Exposure of people to severe noise levels?
LIGHT AND GLARE. Will the proposal produce new
light or glare?
LAND USE. Will the proposal result in a substantial
alteration of the present or planned land use of an
area?
9. NATURAL RESOURCES. Will the proposal result in:
a. Increase in the rate of use of any natural
resources?
b. Substantial depletion of any nonrenewable
natural resource?
RISKOF UPSET. Does the proposal involve a risk
of an explosion or the release of hazardous sub-
stances (including, but not limited to, oil,
pesticides, chemicals or radiation) in the event
of an accident or upset conditions?
POPULATION. Will the proposal alter the location,
distribution, density, or growth rate of the human
population of an area?
HOUSING. Will the proposal affect existing housing,
or create a demand for additional housing?
n o ~
[] []
3 of 6 pages
YE:S MAYBE: NO
73..
14.
15.
16.
TRANSPORTATION/CIRCULATION. Will the proposal
result in:
a. Generation of substantial additional vehicular
movement.
b. Effects on existing parking facilities,
demand for new parking?
c, Substantial impact upon existing transportation
systems?
d. Alterations to present patterns of circulation
or movement of people and/or goods?
e. Alterations to waterborne, rail or air traffic?
f. Increase in traffic hazards to motor vehicles,
bicyclists or pedestrians?
PUBLIC SERVICES. Will the proposal have an effect
upon, or result in a need for new or altered
governmental services in any of the following areas:
a. Fire protection?
b. Police protection?
c. Schools?
d. Parks or other recreational facilities?
e. Maintenance of public facilities, including
roads?
f. Other governmental services?
ENERGY. Will' the proposal result in:
Use of substantial amounts of fuel or energy?
Substantial increase in demand upon existing
sources of energy, or require the development
of new sources of energy?
UTILITIES. Will the proposal result in a need
for new systems, or substantial alterations to
the following utilities:
a. Power or natural gas?
b. Communications systems?
c. Water?
d. Sewer or septic tanks?
e. Storm water drainage?
f. Solid waste and disposal?
[] []
[] []
[] []
4 of 6 pages
Y~:S ( MAYB£ NO
17. HUMAN HEALTH. Will the proposal result in:
18.
19.
20.
a. Creation of any health hazard or potential
health hazard (excluding mental health)?
b. Exposure of people to potential health hazards?
AESTHETICS. Will the proposal result in the
obstruction of any scenic vista or view open to the
public, or will the proposal result in the creation
of an aesthetically offensive site open to public
view?
RECREATION. Will the proposal result in an impact
upon the quality or quantity of existing recreational
opportunities?
ARCHEOLOGICAL/HISTORICAL. Will the proposal result
in an alteration of a significant archeological or
historical site, structure, object or building?
21. MANDATORY FINDINGS OF SIGNIFICANCE.
a. Does the project have the potential to degrade
the quality of the environment, substantially
reduce the habitat of a fish or wildlife species,
cause a fish or wildlife population to drop below
self sustaining levels, threaten to eliminate a
plant or animal co~m,,dnity, reduce the number or
restrict the range of a rare or endangered plant
or animal or eliminate important examples of the
major periods of California history or prehistory?
b. Does the~roject have the potential to achieve
short-term, to the disadvantage of long-term,
environmental goals? (A short-term impact on
the environment is one which occurs in a rela-
tively brief, definitive period of time while
long-term impacts will endure well into the
future.)
c. Does the project have impacts which are indiv-
idually limited, but cumulatively considerable?
(A project may impact on two or more separate
resources where the impact on each resource
is relatively small, but where the effect of
the total of those impacts on the environment
is significant.)
d. Does the project have environmental effects
which will cause substantial adverse effects
on human beings, either directly or indirectly?
5 of 6 pages
! i I. DISCUSSION OF' ENVI~TAL EVALUATI~
L
_A
AFTER REVIEWING THE ENVIRONMENTAL INFORMATION SUBMITTED BY THE
APPLICANT~ AND AFTER COMPLETING TI-I~ ENVIRONMENTAL CHECKLIST USE
BY THE CITY OF CAMPBEL/ IN MAKING AN ENVIRONMENTAL ASSESSMENT
I find 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 miti-
gation measures described on an attached sheet have
been added to the project. A NEGATIVE DECLARATION
WILL BE PREPARED.
I find the proposed project MAY have a significant effect
on the environment, and an ENVIRONMENTAL IMPACT REPORT
is required.
DATE
S ! ~NATUR~
ITY
I 'J '
6 of 6 pages
DISCUSSION OF ENVIRONMENTAL IMPACTS
File No:
Applicant:
Address:
APN:
Project Description:
TA 90-03
City of Campbell
City Wide
N/A
Density Bonus Ordinance
Will the proposal result in a substantial alteration of the present land
use of an area.
Discussion
State law requires local governments to grant a density bonus of at least
25% above the general plan density range to a housing developer
whose project contains a specified percentage of Below Market Rate
housing units.
Mitigation
Land Use impacts will be evaluated in conjunction with project review
for each specific application.
11.
Will the proposal alter the location distribution, density, or growth rate
of the human population of an area.
Discussion
Projects that contain the required percentage of Below Market Rate
housing will receive a density increase of 25% above the general plan
density range.
Mitigation
Impacts associated with increased density and population will be
evaluated in conjunction with project review for each specific
application.
CITY OF CAMPBELL
TO:
FROM:
DATE:
SUBJECT:
Steve Piasecki, Director of Planning
Randy Tsuda, Senior Planner
Monday, June 18, 1990
State Density Bonus Law
The State Density Bonus Law (Government Code Sections 65915 and 65917)
was revised on March 26, 1990. The law was effectively immediately since it
was an urgency measure. The law relates to the provision of density bonuses
and other incentives for projects that include senior, very low, or low income
housing. This memorandum will summarize the major provisions of the
Density Bonus Law and will discuss its implementation.
Summary. of Density Bonus l~w
The Density Bonus Law contains the following requirements:
Development Incentives
A. Governments must grant a density bonus of at least 25% to a housing
developer whose project contains one of the following:
20% of the units for lower-income households.
10% of the units for very low-income households.
50% of the units for senior citizens.
Income criteria are contained within the law.
Bo
The jurisdiction must also provide at least one of the following
incentives or make written findings that the additional incentive is not
necessary for affordability:
1. Reduce development, zoning, or design requirements exceeding
state building codes.
2. Allow mixed use zoning with the housing project.
3. Provide other regulatory incentives resulting in cost reductions
such as an additional density bonus or 20% set-aside funds.
4. Provide other incentives of equivalent financial value.
Ce
The density bonus units may be transferred to a project which is not
contiguous to the assisted units.
Memorandum to Steve, ...secki - Density Bonus Law
Pane -2-
June 20,1990
Terms of Affordability
Units must be reserved for the targeted income range for a minimum of 30
years if both a density bonus and an additional incentive are granted, 10 years
if only the density bonus is granted.
Procedures
The City must adopt an implementing ordinance which specifies the
following information:
A. The incentives to be offered in addition to the density bonus (ie: lesser
setbacks, reduced parking ratio, reduced street improvements).
Bo
The method and criteria for determining feasibility of project with or
without an additional incentive.
· pro forma
· loan-to-value ratio
· debt-coverage ratio
The means of enforcing the affordability of the units over the 10 or 30
year term.
· development agreement
· deed restriction running with the land
D. The limitations on the transfer of density bonus housing units.
E. The application submittal requirements for a density bonus project.
When a preliminary density bonus application is filed, the law allows a
government 90 days to determine if the project qualifies for a bonus and/or
incentive.
Campbell's Implementation of Density Bonus Law
Adoption of a Density Bonus Ordinance can be identified as
implementation measure in our revised Housing Element and as
technique to mitigate government constraints on housing.
Bo
It may be advantageous to prepare the ordinance in advance or
concurrently with the Housing Element. Since we have the potential for
a thousand units within SOCA and on the Hamilton School site, the
City's efforts to get affordable units in these projects would be enhanced
with a established density bonus system.
Memorandum to Steve · ...secki - Density Bonus Law
Pane -3-
June 20,1990
Ce
The Redevelopment Agency will also be issuing a Notice of Funding
Availability (NOFA) for their 20% set-aside funds. A density bonus
program can work well in partnership with a new housing project
funded through the NOFA process.
De
I do not anticipate that a density bonus ordinance would take an
inordinate amount of staff time to write, assuming we can obtain
samples from the State and other cities.. The most significant policy
decisions will be 1) selecting which incentives will be available and 2)
identifying the method that will be used to determine the necessity of
the incentive.
Attachments:
Government Code Sections 65915 - 65917
stp6-13.mem(mc2)
Exhibit V.
DENSITY BONUS LAW AS OF MARCH 26, 1990
Government Code Sections as amended by enactment of Chapter 31 of 1990
(Section 65913.4. was repealed)
Chapter 4.3. Density Bonuses and Other Incentives
65915.
(a) When a developer of homing proposes a housing development within
the jurisdiction of the local government, the city, county, or city and county shall
provide the developer incentives for the production of lower income housing
units within the development ff the developer meets the requirements set forth
in subdivisions (b) and (c). The city, county, or city and county shall adopt an
ordinance which shall specify the method of providing developer incentives.
(b) When a developer of housing agrees or proposes to construct at least (1)
20 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, or (2)
10 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, or (3)
50 percent of the total dwelling units of a housing development for qualifying
residents, .as defined in Section 51.2 of the Civil Code,
a city, county, or city and county shall either
(1) grant a density bonus and at least one of the concessions or incentives
identified in Subdivision (h) unless the city, county, or city and county makes a
written finding 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), or
2) provide other incentives of equivalent financial value based upon the land
cost per dwelling unit.
Section 65915 continued
(c) A developer 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 hguseholds, 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. If a city, county, or city and
county does not grant at least one additional concession or incentive pursuant
to paragraph (1) of subdivision (b), the developer shall agree to and the city,
county, or city and county shall ensure continued affordability for 10 years of all
lower income housing units receiving a density bonus.
(d) A developer may submit to a city, county, or city and county a preliminary
proposal for the development of housing pursuant to this section prior to the
submittal of any formal requests for general plan amendments, zoning
amendments, or subdivision map approvals. The city, county, or city and county
shall, within 90 days of receipt of a written proposal, notify the housing
developer in writing of the procedures which it will comply with this section.
The city, county, or city and county shall establish procedures for carrying out
this section, which 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
which would otherwise inhi'bit 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 yard setbacks, and placement of public works
improvements.
(e) The housing developer shall show that the waiver or modification is
necessary to make the housing units economically feasible.
(f) For the purposes of this chapter, "density bonus" means a density increase
of at least 25 percent 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 developer to the city, county, or city and
county. The density bonus shall not be included when determining the number
of housing units which is equal to 10 or 20 percent of the total. The density
bonus shall apply to housing developments consisting of five or more dwelling
units.
Section 65915 continued
(g) '.'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 purposes 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. .
(h) For 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 which exceed the
minimum'building standards approved by the State 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 ff 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 which result in identifiable 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.
(i) If a developer 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 65913.4t under this
section although the city, city and county, or county may, at its discretion, grant
more than one density bonus.
~ The contents referred to in Section 65913.4 were transferred to Section 65915(g) by
Chapter 31, Statutes of 1990. This reference is presumed to be an oversight.
65917.
In enacting this chapter it is the intent of the Legislature that the density bonus
or other incentives offered by the city, county, or city and county pursuant to
this chapter shall contribute significantly to the economic feasibility of lower
income housing in proposed housing developments. In the absence of an
agreement by a developer in accordance with Section 65913.5 or 65915, a
locality shall not offer a density bonus or any other incentive that would
undermine the intent of this chapter.
b:dbcode.txt