CITY COUNCIL: Ordinance Amending Local Coastal Program & Municipal Code for Affordable Housing Projects

Meeting Date: 1 July 2008
Prepared by: Sean Conroy,
Planning & Building Services Manager

City Council
Agenda Item Summary

Name: Consideration of an Ordinance amending the Local Coastal Program and
Municipal Code Sections 17.14 and 17.64 (Commercial District Regulations and
Required Findings) -- First Reading
Description: On March 13, 2006, the City Council adopted an ordinance addressing
projects that consist exclusively of affordable housing. The purpose of the
ordinance was to provide broad accommodations to affordable housing projects
when specific findings could be met. The ordinance allowed the Planning
Commission to grant exceptions to zoning standards for requirements such as
floor area ratio, setbacks, height, parking, building coverage and density.
Since the ordinance is an amendment to the Local Coastal Program, Coastal
Commission certification is required. The California Coastal Commission staff
has recently informed the City that they could not recommend approval of the
ordinance because it is inconsistent with some sections of the General Plan. The
Commission staff has also recommended that some modifications be made to the
ordinance. This project addresses these concerns.
Overall Cost:
City Funds: N/A
Grant Funds: N/A
Staff Recommendation: Adopt the proposed amendments.
Important Considerations: CMC 17.14 allows for floor area bonuses for projects that
include some affordable housing. However, the code does not provide incentives
for housing projects that consist exclusively of affordable housing. Several goals,
objectives and policies of the General Plan address the need for affordable
housing.
Decision Record: The Planning Commission recommended that the City Council
approve the attached amendments on June 11, 2008.
Reviewed by:
__________________________ _____________________
Rich Guillen, City Administrator Date
CITY OF CARMEL-BY-THE-SEA
STAFF REPORT
TO: MAYOR MCCLOUD AND CITY COUNCIL MEMBERS
FROM: SEAN CONROY, PLNG. & BLDG. SERVICES MANAGER
THROUGH: RICH GUILLEN, CITY ADMINISTRATOR
DATE: JULY 1, 2008
SUBJECT: CONSIDERATION OF A RESOLUTION AMENDING THE
LAND USE ELEMENT OF THE GENERAL PLAN AND AN
ORDINANCE AMENDING THE LOCAL COASTAL PROGRAM
AND MUNICIPAL CODE SECTIONS 17.14 AND 17.64
(Commercial District Regulations & Required Findings)
.
BACKGROUND
On March 13, 2007 the City Council adopted an ordinance addressing projects that
consist exclusively of affordable housing. The purpose of the ordinance was to provide
broad accommodations to affordable housing projects when specific findings could be
met. The ordinance allows the Planning Commission to grant exceptions to zoning
standards for requirements such as floor area ratio, setbacks, height, parking, building
coverage and density.
Since the ordinance is an amendment to the Local Coastal Program, Coastal Commission
certification is required. The California Coastal Commission staff has recently informed
the City that they could not recommend approval of the ordinance because it is
inconsistent with some sections of the General Plan. The Commission staff has also
recommended that some modifications be made to the ordinance.
PROJECT DESCRIPTION
In order for the project to be more consistent with the General Plan, and to address
concerns of the Coastal Commission staff, City staff is recommending the attached
amendments to the Land Use Plan and the Affordable Housing Ordinance. Changes are
shown with strikeout and underline.
The amendments to the General Plan and Affordable Housing Ordinance are listed as two
separate items on the Council’s Agenda; however, this staff report discusses both items
together.
MP 06-2 (Affordable Housing)
1 July 2008
Staff Report
Page 2
EVALUATION
Land Use Plan: Pages 1-14 and 1-15 describe the land use designations of the City
(residential, commercial, multi-family, etc.) and identify the maximum density and floor
area for each zone. The proposed amendments add a paragraph at the end of the Multifamily
Residential and the Commercial/Residential sections indicating that projects
consisting exclusively of affordable housing shall be allowed increased density and floor
area.
Affordable Housing Ordinance: At the request of the Coastal Commission staff, the
following amendments to the affordable housing ordinance are proposed:
• The ordinance will only apply to projects in the R-4 and RC Districts. The
Commission staff was concerned that a potential project could be built in areas
more appropriately used for retail and other commercial uses.
• The ordinance will only apply to sites of 8,000 square feet or less. This will
limit the size of a site that could qualify for exceptions to density and floor area
requirements.
• Parking has been removed from one of the potential exceptions. The zoning
code only requires 1/3 space per affordable unit, so further exceptions may not
be necessary or appropriate.
• Additional requirements have been added to the Required Findings section to
further ensure that the granting of zoning exceptions will not have a negative
impact on the character of the City.
Planning Commission Review: The Planning Commission reviewed the proposed
amendments on June 11, 2008 and unanimously recommended adoption to the City
Council.
RECOMMENDATIONS
1. Adopt the attached Resolution amending the Land Use Plan.
2. Adopt the attached ordinance (First Reading) amending the previously approved
Affordable Housing Ordinance.
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
ORDINANCE NO. 2008-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARMEL-BY-THE-SEA AMENDING THE LOCAL COASTAL PROGRAM AND
MUNICIPAL CODE SECTIONS 17.14 AND 17.64
(Commercial District Regulations & Required Findings)
WHEREAS, The City of Carmel-by-the-Sea is a unique community that prides
itself on its residential character; and
WHEREAS, the City has adopted a General Plan and Municipal Code that strive
to protect the village character through clear policies and regulations that guide property
owners in the protection of the residential character; and
WHEREAS, the General Plan encourages the creation of ordinances that promote
affordable housing and reduce governmental restraints on the provision of affordable
housing; and
WHEREAS, the City Council adopted an ordinance and a Negative Declaration on
March 13, 2006 that allows greater flexibility for projects that consist completely of
affordable housing; and
WHEREAS, the Planning Commission recommended adoption of the attached
amendments to the ordinance on June 11, 2008.
NOW, THEREFORE, the City Council of the City of Carmel-by-the-Sea does
hereby adopt the attached ordinance (first reading).
SEVERABILITY
If any part of this ordinance, even as small as a word or phrase, is found to be
unenforceable such finding shall not affect the enforceability of any other part.
EFFECTIVE TIME PERIOD
This ordinance shall become effective thirty (30) days after final passage and adoption, or
upon certification by the California Coastal Commission, which ever occurs last.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
CARMEL-BY-THE-SEA on this 1st day of July 2008 by the following roll call vote:
AYES: COUNCIL MEMBER:
NOES: COUNCIL MEMBER:
ABSENT: COUNCIL MEMBER:
SIGNED,
________________________
SUE McCLOUD, MAYOR
ATTEST:
_______________________
Heidi Burch, City Clerk
ZONING ORDINANCE
17.14.230 – Affordable Housing
A. Affordable Housing Projects. Projects located in the Central Commercial (CC),
Service Commercial (SC), Residential and Limited Commercial (RC) and Multi-family
(R-4) Districts that comply with the following requirements shall be eligible for, and
subject to, the standards of this section:
1. The project includes no land uses other than residential housing; and
2. The project supplies at least three, independent residential units; and
3. All residential housing units qualify as housing for low-income or very-low
income individuals or families, as defined in Municipal Code Section 17.70
by the association of Monterey Bay Area Governments (AMBAG).
4. The project site is 8,000 square feet or less.
B. Review. Design review shall proceed pursuant to Section 17.58 of the Municipal
Code. All applications require the approval of a Conditional Use Permit and Design
Review by the Planning Commission. The basic standards for review shall be the
standards of this ordinance, including the standards contained in Sections 17.12 and
17.14 of the Municipal Code, the City’s adopted Design Guidelines, and the relationship
of new construction with surrounding development. Projects or exceptions granted that
involve substantial (major) alteration of Historic Resources shall require issuance of a
Determination of Consistency with the Secretary of the Interior’s Standards by the
Historic Resources Board.
C. Development Standards. New development shall comply with the standards
applicable to the underlying zoning district of the site except as provided in this section.
Due to the overall public benefit of affordable housing, the Planning Commission may
allow exceptions to the following development standards in order to provide for increased
flexibility in design:
• Setbacks
• Height (not to exceed 30 feet and not to exceed two-stories)
• Floor area ratio (not to exceed 150%)
• Building Coverage
• Density (not to exceed 88 units per acre)
• Parking
D. Special Requirements. For all projects that exceed five units, the following two
amenities are required:
• Laundry facility or facilities must be provided on-site. This requirement can be
met by a laundry facility shared in common or with individual facilities in each
unit.
• A common community room(s) totaling at least 250 square feet in size shall be
provided on-site.
17.64.220 –Affordable Housing (Findings for approval Residential Construction at
densities between 44 and 88 units per acre.)
The following special findings are required for approval of exceptions to zoning
standards for projects consisting entirely of affordable housing projects:
A. That the project consists entirely of affordable housing units for low and/or verylow
income households, as defined in Municipal Code Section 17.70 by the
Association of Monterey Bay Area Governments (AMBAG).
B. That the project, and any zoning exceptions requested, will not be detrimental to
adjacent properties or injurious to public health, safety or welfare.
C. That the project is consistent with the applicability of provisions found in CMC
17.14.090 and the basic review standard found in CMC 17.14.10 and that new
construction represent an improvement over existing conditions.
D. That the project will preserve the community character and will be compatible
with the streetscape, mass, bulk and height of the surrounding neighborhood
context.
E. That the affordable housing units will be administered by a City-approved public
or quasi-public agency involved in affordable housing programs, or will be
verified by the City based on documentation supplied annually by the property
owner.
F. That the project will diminish the village character by excessively blocking
important public or private views and disturbing natural topography, mature trees,
or native growth.