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

Meeting Date: September 9, 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
informed the City that it could not recommend approval of the ordinance because
it is inconsistent with some sections of the General Plan. The Commission staff
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. The code, however, 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 first reading on July 1, 2008.
Reviewed by:
__________________________ _____________________
Rich Guillen, City Administrator Date
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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 13
March 2006 that allows greater flexibility for projects that consist exclusively of affordable
housing; and
WHEREAS, the Planning Commission recommended adoption of the attached
amendments to the ordinance on June 11, 2008; and
WHEREAS, the City Council approved the first reading of the revised ordinance on July
1, 2008.
NOW, THEREFORE, the City Council of the City of Carmel-by-the-Sea does hereby
adopt the attached ordinance (second 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.
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PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THESEA
this 9th day of September, 2008 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
SIGNED,
________________________
SUE McCLOUD, MAYOR
ATTEST:
__________________________________
Heidi Burch, City Clerk
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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 5 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.
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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 not diminish the village character by excessively blocking
important public or private views and disturbing natural topography, mature trees,
or native growth.