CITY COUNCIL: Ordinance Amending Local Coastal Program & Municipal Code for Affordable Housing Projects (Second Reading)

Meeting Date: 5 August 2008
Prepared by: Sean Conroy,
Planning & Building Services Manager

City Council
Agenda Item Summary

Name: Second Reading of an Ordinance 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 and Required Findings)

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. The City Council approved the Ordinance on first reading on July 1, 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: AUGUST 5, 2008
SUBJECT: SECOND READING OF AN ORDINANCE AMENDING THE LAND USE ELEMENT OF THE GENERAL PLAN AND THE LOCAL COASTAL PROGRAM AND MUNICIPAL CODE SECTIONS 17.14 AND 17.64 (Commercial District Regulations & Required Findings)

BACKGROUND:
On July 1, 2008, the City Council considered an Ordinance, upon first reading, to amend the General Plan and Affordable Housing Ordinance to better address projects that consist exclusively of affordable housing.

Since the ordinance amends the Local Coastal Program, Coastal Commission certification is required. The Commission staff told the City that some sections of the General Plan required some corrections for inconsistencies in order for Coastal
Commission approval. This Ordinance and companion Resolution 2008-46, passed by Council on July 1, 2008, address these concerns.

Review: The Planning Commission reviewed the proposed amendments on June 11, 2008; City Council approved the Ordinance upon first reading at its meeting of July 1, 2008.


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 RELATED TO AFFORDABLE HOUSING

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.

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, whichever occurs last.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA on this 5th day of August 2008 by the following roll call vote:

AYES: COUNCIL MEMBER:
NOES: COUNCIL MEMBER:
ABSENT: COUNCIL MEMBER:

SIGNED,

_______________________
Heidi Burch, City Clerk

ATTEST:

________________________
SUE McCLOUD, MAYOR


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,
quasi-public or non-profit 501c (3) 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 not diminish the village character by excessively blocking
important public or private views and disturbing natural topography, mature trees,
or native growth.