PC Res 2713RESOLUTION NO. 2713
PLANNING COMMISSION
_BEING A RESOLUTION OF THE PLANNING COMMISSION
OF TI-IE CT OF CAMPBELL AI~DPTING 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 Municipal 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.
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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 Reso,.,tion 2713
TA 90433
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
ORDINANCE NO.
BEING AN ORDINANCE OF THE CITY OF CAMPBELL
APODIXFING A TEXT AMENDMENT TO THE MUNICIPAL
CODE OF THE CITY OF CAMPBELL, CAI.rl::ORNIA ADDING
CHAPTER 21.62. C1TY-INrFIATED 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:
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 Council 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
Pal~e -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 sefforth 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:
Councilmembers:
Councilmembers:
Councilmembers:
APPROVED:
Michael F. Kotowski, Mayor
ATTEST:
Barbara Olsasky, City Clerk
Sections:
Chapter 21.62
DENSITY BONUS
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.
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"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 Ordinance
Pase 2
November 15, 1990
Jo
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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.
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"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~sance
Page 3
November 15, 1990
21.62.30 Applicability
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All housing developments greater than 5 units (excluding density
bonus units) axe 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:
^ 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.
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 Ordinance
Pa~e 4
November 15, 1990
21.62.50
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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.
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:
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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
additional incentives. The City may retain a consultant to review the
Draft Density Bonus Ordinance
Pa~e 5
November 15, 1990
financial report. The cost of the consultant shall be born by the
developer with the following exceptions:
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21.62.60
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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 Projects.
All BMR units shall be occupied by the household type specified in the
written agreement required under section 21.62.50.B. 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
representative of the City to inspect the records pertaining the BMR
units and occupants of the said units.
Draft Density Bonus Ordinance
Pa~e 6
November 15, 1990
The City may establish fees associated with the setting up and
monitoring of BMR units.
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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.
The owner shall provide to the City any additional information
required by the City to insure the long-term affordability of the BIviR
units by eligible households.
21.62.70 Requirements for Owner-Occupied Housing
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.
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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 incapadty. In such cases,
the unit shall be rented to the same household type as the owner.
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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.
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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 Ordinance
Page 7
November 15, 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.
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.
BEING A SUMMARY ORDINANCE OF THE CITY OF
CAMPBELL APODPTING A TEXT AMENDMENT TO THE
MUNICIPAL CODE OF THE CITY OF CAMPBELL, CAI./FORNIA
ADDING CHAPTER 21.62. CITY-INITIATED FILE NO. TA 90-
03.
SECTION ONE: That Chapter 21.62 be added to the Campbell
Municipal Code as summarized below:
A density bonus of 25%, and an additional incentive must be granted to
developers agreeing to construct a specified percentage of housing for lower
income households, very low-income households or senior citizens. The
Below Market Rate units must remain reserved for the targeted income
group for 30 years if both a density bonus and an additional incentive is
granted, 10 years if only the density bonus is granted. The owners of Below
Market Rate Units must 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. Eligible Campbell residents will have first preference for the
Below Market Rate units; second preference will be given to eligible persons
employed within the City Limits of Campbell.
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:
Councilmembers:
Councilmembers:
Councilmembers:
APPROVED:
ATTEST:
Barbara Olsasky, City Clerk
Michael F. Kotowski, Mayor