PC Res 4302RESOLUTION NO. 4302
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL RECOMMENDING THAT THE CITY COUNCIL
ADOPT A ZONING TEXT AMENDMENT (PLN2016-135) TO ALLOW
CHANGES TO SECTIONS 21.20 AND 21.24 REGARDING DENSITY
BONUS REGULATIONS.
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
The Planning Commission finds as follows with regard to file number PLN2016-135:
Environmental Findings
1. The project consists of a Text Amendment amending Campbell Zoning Code: Chapter
21.20 of the Zoning Ordinance to be consistent with State law.
2. No substantial evidence has been presented from which a reasonable argument could
be made that shows that the project will have a significant adverse impact on the
environment.
3. The proposed Text Amendment is exempt from the California Environmental Quality Act
under Section 15061.b.3 because it has no potential for resulting in a physical change to
the environment.
Evidentiary Finding
1. The legislature of the State of California has, in Government Code Section 65915(a),
required all cities and counties to adopt an ordinance that specifies how compliance with
State Density Bonus Law will be implemented.
2. The proposed Zoning Text Amendment furthers the goals, objectives, and policies of the
City's General Plan Housing Element to encourage the provision of housing affordable to
a variety of household income levels.
3. Density bonuses and/or regulatory incentives/concessions facilitate the development of
affordable and/or senior housing by reducing the costs of development.
4. Review and adoption of this Text Amendment is done in compliance with California
Government Code Sections 65853 through 65857, which require a duly noticed public
hearing of the Planning Commission whereby the Planning Commission shall provide its
written recommendation to the City Council for its consideration
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The proposed amendment is consistent with the goals, policies, and actions of the General
Plan;
Planning Commission Resolution No. 4302
PLN2016-135 -Recommending Approval of a Text Amendment (Chapters 21.20 & 21.24)
Page 2
2. The proposed amendment would not be detrimental to the public interest, health, safety,
convenience, or general welfare of the City; and
3. The proposed amendment is internally consistent with other applicable provisions of the
Zoning Code.
THEREFORE, BE IT RESOLVED that the Planning Commission recommends that the City
Council adopt the attached Ordinance (reference Exhibit A) recommending approval of the
above described Zoning Text Amendment.
PASSED AND ADOPTED this 14th day of June, 2016, by the following roll call vote:
AYES: Commissioners
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
ATTEST:
Dodd, Rich and Young
Reynolds
Bonhagen, Finch and Kendall
None
APPROVED:
Paul Ke'f-rYioyan, Secretary
Exhibit A
Ordinance No.
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
AMENDING CERTAIN SECTIONS OF TITLE 21 (Zoning) OF THE CAMPBELL
MUNICIPAL CODE RELATING TO DENSITY BONUS
The City Council of the City of Campbell does ordain as follows:
SECTION 1. -Purpose: Campbell Municipal Code section 21.20.010 is amended to
read as follows with underlining indicating new text and strikeouts (~+~,-~~.~t) indicating
deleted text:
The purposes of this chapter of the Campbell Municipal Code, Revised are: (1) to
provide incentives for the production of housing for very low-income, low-income,
moderate-income, and senior households; (2) to provide incentives for the creation of
rental housing serving lower and moderate-income households; (3) to provide
incentives for the construction of childcare facilities serving very low-, low-, and
moderate-income households; and (4) to implement Sections 65915, 65915.5 and
65917 of the California Government Code as required by Government Code Section
65915(a). In enacting this chapter it is also the intent of the city of Campbell to
implement the goals, objectives, and policies of the city's General Plan Housing
Element, which includes a goal to encourage the provision of housing affordable to a
variety of household income levels and identifies a density bonus policy as one method
to encourage the development of affordable housing ( Policy H-5.2
Regulatory Incentives, Program 5-1-(a~ 5.2(a) Density Bonus).
SECTION 2. Campbell Municipal Code section 21.20.020 is amended to read as follows
with underlining indicating new text:
21.20.020 -Definitions.
For purposes of this chapter, the following definitions shall apply. Unless specifically
defined below, words or phrases shall be interpreted as to give this chapter its most
reasonable interpretation.
"Affordable ownership cost" means average monthly housing costs, during the first
calendar year of a household's occupancy, as determined by the city, including
mortgage payments, loan issuance fees, if any, property taxes, reasonable allowances
for utilities and property maintenance and repairs, homeowners insurance, and
homeowners association dues, if any, which do not exceed the following:
1. For moderate-income households: one-twelfth of thirty-five percent of one
hundred ten percent of area median income, adjusted for assumed household
size based on presumed occupancy levels of one person in a studio
apartment, two persons in aone-bedroom unit, three persons in a two-
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bedroom unit and one additional person for each additional bedroom
thereafter;
2. For lower-income households: one-twelfth of thirty percent of seventy percent
of area median income, adjusted for assumed household size based on
presumed occupancy levels of one person in a studio apartment, two persons
in a one-bedroom unit, three persons in atwo-bedroom unit and one
additional person for each additional bedroom thereafter;
3. For very low-income households: one-twelfth of thirty percent of fifty percent
of area median income adjusted for assumed household size based on
presumed occupancy levels of one person in a studio apartment, two persons
in a one-bedroom unit, three persons in a two-bedroom unit and one
additional person for each additional bedroom thereafter.
"Affordable rent" means monthly rent, including utilities and all fees for housing
services, which does not exceed the following:
For lower-income households: one-twelfth of thirty percent of sixty percent of
area median income, adjusted for assumed household size based on
presumed occupancy levels of one person in a studio apartment, two persons
in a one-bedroom unit, three persons in a two-bedroom unit, and one
additional person for each additional bedroom thereafter;
2. For very low-income households: one-twelfth of thirty percent of fifty percent
of area median, adjusted for assumed household size based on presumed
occupancy levels of one person in a studio apartment, two persons in a one-
bedroom unit, three persons in atwo-bedroom unit, and one additional person
for each additional bedroom thereafter.
"Applicant" means a person or entity who applies for a residential project and, if the
applicant does not own the property on which the residential project is proposed, also
means the owner or owners of the property.
"Area median income" means area median income for Santa Clara County as published
pursuant to California Code of Regulations, Title 25, Section 6932, (or its successor
provision).
"Childcare facility" means a commercial child day care facility defined in Campbell
Municipal Code, Revised Section 21.72.020 as a commercial or non-profit child day
care facility not operated as a small or large child day care home and includes infant
facilities, preschools, sick child facilities and school-age day care facilities.
"Density bonus" means a density increase, granted pursuant to this chapter, over the
otherwise allowable maximum residential density on a site.
Page 2
"Density bonus units" means living units granted pursuant to this chapter which exceed
the otherwise allowable maximum residential density for a residential project.
"Development standard" means a condition that applies to the actual construction or
physical site of a residential project (as opposed to standards for entitlement processing
or fees) pursuant to any ordinance, general plan element, specific plan, or other local
condition, law, policy, resolution or regulation.
"First approval" means the first of the following approvals to occur with respect to a
residential project: building permit, planned development permit, tentative parcel map,
tentative subdivision map, conditional use permit, site and architectural review permit, or
other discretionary city land use approval.
"Household income" means the combined adjusted gross income for all adult persons
living in a living unit as calculated for the purpose of the Section 8 Program under the
United States Housing Act of 1937, as amended, or its successor.
"Incentives and concessions" means regulatory concessions as listed in Sections
21.20.050 and 21.20.110.
"Inclusionary unit" means an ownership or rental living unit which is required under
Chapter 21.24 to be rented at affordable rents or sold at an affordable ownership cost to
specified households.
"Living unit" means one or more rooms designed, occupied, or intended for occupancy
as separate living quarters with cooking, sleeping and bathroom facilities.
"Lower-income household" means a household whose household income does not
exceed the lower income limits applicable to Santa Clara County, as published and
periodically updated by the California Department of Housing and Community
Development pursuant to Section 50079.5 of the California Health and Safety Code.
"Major transit stop" means an existing site or a site included in the applicable regional
transportation plan, containing a rail transit station, a ferry terminal served by either a
bus or rail transit service, or the intersection of two or more major bus routes with a
frequency of service interval of 15 minutes or less during the morning and afternoon
peak commute periods.
"Market rate unit" means a living unit, which is not a target unit or an inclusionary unit.
"Maximum residential density" means the maximum number of living units permitted by
the zoning ordinance on the date an application for a residential project is deemed
complete. This definition is used to calculate a density bonus pursuant to this chapter.
Page 3
"Minor modification" means a modification that is technical in nature, as opposed to
substantive or material.
"Moderate-income household" means a household whose household income does not
exceed the moderate income limits applicable to Santa Clara County, as published and
periodically updated by the California Department of Housing and Community
Development pursuant to Section 50093 of the California Health and Safety Code.
"Qualifying resident" means a senior citizen or other person eligible to reside in a senior
housing project.
"Replace" shall mean:
1. As to dwelling units that are occupied on the date of application "replace"
shall mean to provide at least the same number of units of eauivalent size or
type, or both, to be made available at affordable rent or affordable housing
cost to, and occupied by persons and families in the same or lower income
category as those households in occupancv'
2. As to dwelling units have been vacated or demolished in the five-vear period
preceding the application, "replace" shall mean to provide at least the same
number of units of equivalent size or type or both as existed at the highpoint
of those units in the five-vear period preceding the application to be made
available at affordable rent or affordable housing cost to and occupied by
persons and families in the same or lower income category as those persons
and families in occupancv at that time, if known. If the incomes of the persons
and families in occupancv at the highpoint is not known then one-half of the
required units shall be made available at affordable rent or affordable housing
cost to, and occupied bv, very low income persons and families and one-half
of the reauired units shall be made available for rent at affordable housing
costs to, and occupied bv, low-income persons and families
"Residential project" means any parcel map, subdivision map, conditional use permit,
site and architectural review permit, building permit, or other city approval, which
authorizes the construction of five or more living units.
"Senior housing project" means a senior citizen residential development of thirty-five
living units or more as defined in California Civil Code Section 51.3, or a mobilehome
park that limits residency based on age requirements for older persons pursuant to
California Civil Code Section 798.76 or 799.5.
"Special needs housing" means anv housing including supportive housing intended to
benefit, in whole or in part, persons identified as having special needs relating to anv of
the following: Mental health: Physical disabilities Developmental disabilities including
but not limited to, intellectual disability cerebral palsy epilepsy and autism the risk of
homelessness; or housing intended to meet the housing needs of persons eligible for
Page 4
mental health services funded in whole or in part by the Mental Health Services Fund
created by Section 5890 of the Welfare and Institutions Code.
"Target units" means living units that will be restricted for sale or rent to qualifying
residents or will be restricted for sale or rent to, and affordable to, very low-, lower- or
moderate-income households thereby qualifying a residential project for a density bonus
under this chapter. Inclusionary units may not be target units unless they are offered at
a lower income category as explained in Section 21.20.100(6).
"Unobstructed access" means a resident is able to access a maior transit stop from a
residential project without encountering natural or constructed impediments.
"Within one-half mile of a maior transit stop" means that all parcels within the project
have no more than 25 percent of their area farther than one-half mile from the stop or
corridor and not more than 10 percent of the residential units or 100 units whichever is
less, in the project are farther than one-half mile from the stop or corridor.
"Very low-income household" means a household whose household income does not
exceed the very low income limits applicable to Santa Clara County, as published and
periodically updated by the State Department of Housing and Community Development
pursuant to Section 50105 of the California Health and Safety Code.
SECTION 3. Campbell Municipal Code section 21.20.030 is amended to read as
follows with underlining indicating new text and strikeouts (°•r~~t) indicating deleted
text:
21.20.030 -Eligibility for density bonuses.
1. A residential project is eligible for a density bonus if it:
~- a. Creates at least five additional living units, not including any density bonus
units;
~ b. Includes a request for a density bonus as part of an application for the first
approval of a residential project; and
~ c. Meets the criteria for a density bonus established in Sections 21.20.030,
21.20.040, 21.20.060, 21.20.070 or 21.20.080.
2. A residential project shall be ineligible for a density bonus incentive concession
waiver, or modified parking provided by this Chapter unless it provides all replacement
housing required in accordance with Section 21.20.080 of this Chapter
Page 5
SECTION 4. -Campbell Municipal Code section 21.20.080 is amended to read as
follows with underlining indicating new text and strikeouts (~~+r~at) indicating deleted
text:
21.20.080 -Density bonus for properties uvith existing rental units se~~
1. A residential project for a conversion of existing rental apartments to condominiums
may be eligible for a density bonus or other incentives of equivalent financial value as
specified in Government Code Section 65915.5.
2. A residential project shall be ineligible for a density bonus incentive, concession,
waiver, or modified parking provided by this Chapter if the housing development is
proposed on anv property that includes a parcel or parcels on which rental dwelling
units are or have been (if the dwelling units have been vacated or demolished in the
five-year period preceding the application) swbiect to a recorded covenant, ordinance, or
law that restricts rents to levels affordable to persons and families of lower or very low
income, subject to anv other form of rent or price control through the City's valid
exercise of its police power, or occupied by lower or very low income households
unless the proposed housing development replaces those units, and either of the
following applies:
a. The proposed housing development, inclusive of the units replaced pursuant
to this Chapter contains affordable units at the percentages set forth in this
Chapter.
b. Each unit in the development, exclusive of a manager's unit or units is
affordable to, and occupied bv, either a lower or very low income household.
3. All replacement calculations resulting in fractional units shall be rounded up to the
next whole number. If the replacement units will be rental dwelling units these units
shall be subject to a recorded affordability restriction for at least 55 years. If the
proposed development is for-sale units, the units replaced shall be subject to the
applicable provisions of this Chapter.
SECTION 5. -Summary tables. The Density Bonus Summary table in Campbell
Municipal Code section 21.20.090 is amended to read as follows with underlining
indicating new text and strikeouts (s~ikeeut) indicating deleted text:
Page 6
The following table summarizes the available density bonuses, incentives, and
concessions.
Density Bonus Summar
Types of Affordable Units Additional Bonus for % Target Units
Providing Eligibility fora Minimum % Bonus -Each 1 % Increase over Required for
Density Bonus Granted the Minimum % Maximum 35%
Bonus
A density bonus may be selected from only one category, except that bonuses for land donation may be
combined with others, up to a maximum of 35%, and an additional sq. ft. bonus may be granted for a
childcare facility. As provided in Section 21.20.10006), in order for target units
to meet both the city's
inclusionary housing requirements and State density bonus requirements, the units must meet both sets
of criteria. For-sale moderate-income units aualify for a density bonus under State law only if they are
located in a common interest development where all the units are offered for purchase a single-family
home subdivision that is not a common interest development is not eligible for a density bonus under
State law, even if it includes affordable units
Very low income 5% 20% 2.5% 11%
Lower income 10% 20% 1.5% 20%
Moderate income 10% 5% 1 % 40%
(ownership units only)
Senior housing project 100% senior 20% - -
Land donation for very low- 10% of 30% of market-rate
income housing market-rate 15% 1
units
units
Condominium conversion
33%
25%~A~ - -
- moderate income
Condominium conversion 15% 25%~A~ -
- lower income
Sq. ft. In
Childcare facility - childcare - -
facility~'4~
Notes:
(A) Oran incentive of equal value, at the city 's option.
Page 7
SECTION 6. Calculation of density bonus. Subsection 6 of Campbell Municipal Code
section 21.20.100 is amended to read as follows with underlining indicating new text
and strikeouts (see~t) indicating deleted text:
6.
If an applicant desires affordable units to satisfy both the inclusionary requirements set
forth in Chapter 21.24 and State density bonus requirements, the units must meet both
the criteria of Chapter 21.24 and the State density bonus requirements as applied under
this Chapter.
Example: An applicant proposes to develop a one hundred-unit
residential r°~ for-sale project and seeks a twenty percent density bonus by reserving
five percent of the living units, or five living units, for very low-income households.
The inclusionary requirements in Chapter 21.24 require that ~p°r~ 15% of the
living units in a residential for-sale proiect shall be sold at affordableYownership cost to
lower-income households and moderate-income households. Beata-I ~^~°^~ "° ~°°°^~°^'
ii n
~~.,.~°r (`"~n4°r ~,.~~, Therefore an additional 10 inclusionary units are needed to meet
the 15% inclusionary requirement. tThe income unit break down for this one hundred-
unit project wcould be as follows:
Example
Inclusionary Units , Target Units DB Units Remaining Units Total
Very low income:. 6~years-~ 5 ~~-y~3 ~ 5
Lower income: 9~~ ? 9 2
Moderate income: 8 g
Page 8
Market rate: 20 ~9 85 X89 105
Total units 120
Ias~-s++ts ~ ~-~+ts a+~+r~s beta!
very-~a~e+~ 6~~-yea~s~ ~~~~ea~s~ ~
„ 0 4--F~~ea~s} 4
~etc'i~{iR+~S ~8
SECTION 7. -Standards for density bonus residential developments. The term of
affordability for rental projects specified in Subsection 1 of Campbell Municipal Code
section 21.20.120 is amended to read as follows with underlining indicating new text
and strikeouts (s#+IEee~+t) indicating deleted text:
1. Target units qualifying a residential project for a density bonus shall remain
affordable as follows:
a. Rental target units shall remain affordable to the designated income group for a
minimum of y 55 years or for a longer period of time if required by any
construction or mortgage financing assistance program, mortgage insurance
program, rental subsidy program applicable to the living units, ^r .f +"°„ ,r°
2~ on ~ nni~~
SECTION 8. Standards for density bonus residential developments. Subsection 4
of Campbell Municipal Code section 21.20.120 is amended to read as follows
with underlining indicating new text and strikeouts (~ik) indicating deleted text:
4. Parking Standards
a. Upon the request of the developer, the city shall not require off-street parking for
a residential project meeting the criteria of Sections 21.20.030 and 21.20.0400}-er
{~} that exceeds the following:
Page 9
a- ~ Studio to one-bedroom units: one ~ on-site parking space;
Two to three-bedroom units: two ~ on-site parking spaces;
e. ~ Four and more bedroom units: two and one-half L2~ parking spaces.
b. Upon the request of the developer the city shall not require a vehicular parkinq
ratio that exceeds the following ratios for housing developments that are eligible for
a density bonus and meet the criteria below. However if the city at its cost has
conducted an area wide or citywide parking study in the last seven years then the
city may find, based on substantial evidence that a higher parking ratio is required
than shown in the following table. In no event may the required parkinq be greater
than the ratio provided in subsection (~ of this section The parkinq study must
conform to the requirements of Government Code Section 65915(p)(7)
Type of development Off-street
parkinq spaces
Rental or ownership housing development with
1. At least 11% very low income or 20% lower income units and
2
Within one-half mil
f
i
t
it
t
0.5 per bedroom
.
e o
a ma
or
rans
s
op and
3. Unobstructed access to the major transit stop.
Rental housing development with:
1 . All units affordable to lower income households except manager's unit(s) and
2. Within one-half mile of a maior transit stop and
3. Unobstructed access to the maior transit stop. 0.5 per unit
Senior citizen rental housing development with All units affordable to lower
income households except manager's unit(s) and either has paratransit service
or is within one-half mile of fixed bus route service that operates 8 times per day 0.5 per unit
with unobstructed access to that service.
Special needs rental housing development with all units affordable to lower
income households except manager's unit(s) and either has paratransit service
or is within one-half mile of fixed bus route service that operates 8 times per day
0.3 per unit
with unobstructed access to that service.
c. Guest parking and handicapped parking shall be included within the maximum
number of spaces that may be required. If the total number of parking spaces
required for a residential project is other than a whole number, the number shall be
rounded up to the next whole number. For purposes of this section, a residential
Page 10
project may provide on-site parking through tandem parking or uncovered parking,
but not through on-street parking.
SECTION 9. Campbell Municipal Code section 21.20.130 is amended to read as follows
with underlining indicating new text and strikeouts (°°+r~at) indicating deleted text:
21.20.130 -Affordable housing plan submittal; requirements for application for
density bonus and other incentives.
1. An application for a density bonus, incentive, concession, waiver, modification,
or ~r+sed reduced parking standard pursuant to this chapter shall be submitted as
part of the first approval of the residential project. It shall be included in an
affordable housing plan and processed concurrently with all other applications
required for the residential project.
2. Upon submittal, the community development director shall determine if the
affordable housing plan is complete and conforms to the provisions of this chapter.
No application for a first approval for a residential project requesting a density
bonus, incentives, concessions, e~ waivers~_or reduced parking standards may be
deemed complete unless an affordable housing plan is submitted conforming to the
provisions of this section.
3. The affordable housing plan shall include the following information:
a. A description of any requested density bonuses, incentives, concessions,
waivers. of modifications of development standards1 or e}ed-i#+e~ reduced
parking standards;
b. Identification of the base project without the density bonus, number and location
of all target units qualifying the project for a density bonus, level of affordability
of the target units, and identification of the bonus units;
c. The preferences given in selecting occupants shall be set forth;
d. For all incentives and concessions except those listed in Section 21.20.110(2),
a pro forma demonstrating that the requested incentives and concessions result
in identifiable, financially sufficient and actual cost reductions;
e. For waivers or modifications of development standards: (a) a pro forma
demonstrating that the waiver or modification is necessary to make the
residential project economically feasible based upon appropriate financial
analysis and documentation; and (b) evidence that the development standards
for which a waiver is requested will have the effect of precluding the
construction of the residential project at the densities or with the incentives or
concessions permitted by this chapter;
f. The cost of reviewing any required pro forma data submitted in support of a
request for a concession, incentive, waiver or modification, including, but not
limited to, the cost to the city of hiring a consultant to review the pro forma, shall
be borne by the applicant. The pro forma shall also include: (ai) the actual cost
Page 11
reduction achieved through the incentive, concession, waiver, or modification;
and (iii) evidence that the cost reduction allows the developer to provide
affordable rents or affordable sales prices;
g. If the applicant is proposing a modification of the requirement that the target
units be constructed concurrently with the market rate units, the affordable
housing plan shall describe the proposed phasing at the same level of detail as
required in the application for the residential project, specify the security to be
provided to the city to ensure that the target units will be constructed, and
explain how the proposed phasing would provide greater public benefit than
providing the target units concurrently with the market rate units;
h. If a density bonus or concession is requested for a senior housing project, the
application shall provide that units in the residential project shall be occupied by
qualified residents;
i. If a density bonus or concession is requested fora land donation, the
application shall show the location of the land to be dedicated and provide
evidence that each of the findings in Government Code Section 65915(h) can
be made;
j. If a density bonus or concession is requested for a childcare facility, the
application shall show the location and square footage of the childcare facility
and provide evidence that the findings included in Government Code Section
65915(1) can be made;
k. If a mixed use building or development is proposed, the application shall
provide evidence that the findings included in Section 21.20.110(4)(g) can be
made;
I. For residential projects subject to the inclusionary housing requirements set
forth in Chapter 21.24, the affordable housing plan shall also incorporate the
requirements of Section 21.24.060(A), and only one affordable housing plan
need be submitted;
m. A description of all dwelling units existing on the site in the five-year period
preceding the date of submittal of the application and identification of any units
rented in the five-year period. If dwelling units on the site are currently rented
income and household size of all residents of currently occupied units If any
dwelling units on the site were rented in the five-year period but are not
currently rented, the income and household size if known of residents
occupying dwelling units when the site contained the maximum number of
dwelling units;
n. Description of any recorded covenant ordinance or law applicable to the site
that restricted rents to levels affordable to very low or lower income households
in the five- year period preceding the date of submittal of the application
o. A statement that the proiect will provide all replacement housing required in
accordance with Section 21.20.080 of this Chapter
Page 12
p. If a parking reduction is requested a table showing parking required by the
zoning ordinance and proposed parking. If a parking reduction is requested
evidence that the project is eligible for the reauested parking reduction
4. Upon submittal, the community development director shall determine if the
affordable housing plan submitted in support of a request for a density bonus,
incentive, concession, waiver, modification, or ,-°~ reduced parking standard is
complete and conforms to the provisions of this chapter and Chapter 21.24. No
application for a first approval for a residential project requesting a density bonus,
incentives, concessions, or waivers may be deemed complete unless an affordable
housing plan is submitted conforming to the provisions of this chapter.
SECTION 10. City review of application far density bonuses and other incentives.
Subsection 1 of Campbell Municipal Code section 21.20.140 is amended to read as
follows with underlining indicating new text and strikeouts (s~ilFe~et~t) indicating deleted
text:
1. An application for a density bonus, incentive, concession, waiver, modification,
or feu+sed reduced parking standard pursuant to this chapter shall be reviewed as
part of the first approval of the residential project by the approval body with authority
to approve the residential project, unless additional review by the planning
commission or City Council is required by Chapter 21.62. Any decision regarding a
density bonus, incentive, concession, waiver, modification, or ~euised reduced
standard may be appealed as part of an appeal of the residential project as
provided in Chapter 21.62. In accordance with state law, neither the granting of a
concession or incentive, nor the granting of a density bonus, shall be interpreted, in
and of itself, to require a general plan amendment, zoning change or other
discretionary approval.
SECTION 11. Developer affordable housing agreement. Campbell Municipal Code
section 21.20.150 is amended to read as follows with underlining indicating new text
and strikeouts (fit) indicating deleted text:
A. Developers requesting a density bonus, incentive, concession, waiver, modification,
or rev+sed reduced standard granted pursuant to this chapter, shall agree to enter
into a developer affordable housing agreement with the city. A developer affordable
housing agreement shall be made a condition of the discretionary planning permits
for all residential projects pursuant to this chapter and shall be recorded as a
restriction on any parcels on which the target units will be constructed. When the
inclusionary requirements of Chapter 21.24 apply, one affordable housing
agreement will be recorded incorporating the requirements of both chapters.
Page 13
B. The developer affordable housing agreement shall be recorded prior to final or
parcel map approval, or, where the residential project does not include a map, prior
to issuance of a building permit for any structure in the residential projects. The
developer affordable housing agreement shall run with the land and bind all future
owners and successors in interest.
C. The developer affordable housing agreement shall be in a form provided by the city
and shall include, without limitation, the following:
1. The total number of units approved for the residential project;i
2. The number, location, and level of affordability of the target units and the
inclusionary units;
3. The number of replacement units in accordance with Section 21 20 080 of this
Chapter;
4. Standards for determining affordable rent or affordable ownership cost for the
target units and any inclusionary units;
5. The location, unit size in square feet, and number of bedrooms of target units
and any inclusionary units;
6. Provisions to ensure initial and continuing affordability in accordance with the
requirements of this chapter and Chapter 21.24, including the execution and
recordation of subsequent agreements ensuring continued affordability pursuant
to Sections 21.20.120 and 21.24.060;
7. A schedule for completion and occupancy of target units and inclusionary units in
relation to construction of market rate units;
8. A description of any incentives, concessions, waivers, or reductions being
provided by the city;
9. A description of remedies for breach of the agreement by either party. The city
may identify tenants or qualified purchasers as third party beneficiaries under the
agreement;
10. Procedures for qualifying tenants and prospective purchasers of target units,
including preferences;
11. Provisions requiring maintenance of records to demonstrate compliance with this
chapter;
12. Other provisions to ensure implementation and compliance with this chapter and
Chapter 21.24, if applicable.
D. In the case of senior citizen housing developments, the developer affordable
housing agreement shall provide that units in the residential development shall be
occupied by qualified residents.
E. Developer affordable housing agreements for land dedication, childcare facilities,
and condominium conversion shall ensure continued compliance with all conditions
included in Sections 21.20.060, 21.20.070 and 21.20.080 respectively.
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F. Fees. The building permit application shall be accompanied by the processinq fees
or deposits established by the city's schedule of fees and charges All fees shall
cover the costs of BMR eligibility determination and BMR document preparation
processinq and administration, as established in Sections 21.20.160 and 21.20.180.
SECTION 12. Continued affordability and initial occupancy. Subsection A of
Campbell Municipal Code section 21.20.160 is amended to read as follows with
underlining indicating new text and strikeouts (s~il<eeet) indicating deleted text:
For-Sale Target Units. An applicant shall agree to, and the city shall ensure
that, the initial occupant of all for-sale units that qualified the applicant for the
award of the density bonus are persons and families of very low low or
moderate income, as required, and that the units are offered at an affordable
housing cost, as that cost if defined in Section 50052.5 of the Health and Safety
Code. The City shall enforce any equity sharing agreement unless it is in conflict
with the requirement of another public funding source or law. The following apply
to the equity sharing agreement:
1. Upon resale, the seller of the unit shall retain the value of any improvements
the down payment, and the seller's proportionate share of appreciation. The
city shall recapture any initial subsidy and its proportionate share of
appreciation, which amount shall be used within five (5) years for any of the
purposes described in subdivision (e) of Section 33334.2 of the Health and
Safety Code that promote home ownership.
2. For purposes of this Subsection, the city's initial subsidy shall be equal to the
fair market value of the home at the time of initial sale minus the initial sale
price to the moderate-income household, plus the amount of any down
payment assistance of mortgage assistance. If upon resale the market value is
lower than the initial market value, then the value at the time of the resale shall
be used as the initial market value.
3. For purposes of this Subsection, the city's proportionate share of appreciation
shall be equal to the ratio of the city's initial subsidy to the fair market value of
the home at the time of initial sale.
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SECTION 13. Continued affordability and initial occupancy. Subsection B of
Campbell Municipal Code section 21.20.160 is amended to read as follows with
underlining indicating new text and strikeouts (~~+r~,-mat) indicating deleted text:
B. Rental Target Units. A regulatory agreement, covenant, deed of trust, and/or other
documents acceptable to the community development director or the director's
designee, shall be recorded against each residential project containing affordable
rental units for a minimum term of y 55 years or more. A longer period of time
may be specified if required by any construction or mortgage financing assistance
program, mortgage insurance program, or rental subsidy program applicable to the
residential project.
SECTION 14. GENERAL REQUIREMENTS. Subsection B of Campbell Municipal Code
Section 21.24.040 is amended to read as follows with underlining indicating new text
and strikeouts (fit) indicating deleted text:
B. Exceptions.
The
community development director may grant exceptions to the requirements of this
chapter to residential projects located within the redevelopment project area, upon a
finding that such exception is necessary to effective implementation of the
redevelopment plan, while maintaining overall compliance with affordable housing
production requirements set forth in Health and Safety Code Section 33413.
SECTION 15. This Ordinance shall become effective (30) days following its passage
and adoption and shall be published once within fifteen (15) days upon passage and
adoption in the Campbell Express, a newspaper of general circulation in the City of
Campbell, County of Santa Clara.
PASSED AND ADOPTED this day of
call vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
2016 by the following roll
APPROVED:
Jason T. Baker, Mayor
ATTEST:
Wendy Wood, City Clerk
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