CITY COUNCIL: Ordinance Adopting Revision to Zoning Ordinance Related to Affordable Housing

Meeting Date: 3 February 2009
Prepared by: Sean Conroy, Planning & Building Services Manager

City Council
Agenda Item Summary

Name: Consideration of an Ordinance adopting revisions to Chapters 17.12.230, 17.14.14D and 17.64.220 of the zoning ordinance related to affordable housing. The proposed revisions are required by the California Coastal Commission. (First
reading)

Description: This Ordinance involves adoption of modifications to the City’s affordable housing ordinance, as approved by the California Coastal Commission on 10
December 2008.

As modified, the amendments will allow a maximum density of up to 88 units per acre for projects that consist exclusively of housing for low or very low-income residents. The amendments, however, will not allow the Planning Commission to grant exceptions to other zoning standards such as height, floor area, setbacks, etc. as was originally proposed.

Overall Cost:
City Funds: N/A
Grant Funds: N/A

Staff Recommendation: Adopt the Ordinance.

Important Considerations: The affordable housing amendments were originally drafted to allow the City a great deal of flexibility when presented with projects devoted exclusively to affordable housing. The Coastal Commission was concerned that the amendments could result in significant impacts to the character of the community and, therefore, made modifications.

Decision Record: The City Council adopted a Resolution amending the General Plan on 1 July 2008 and an Ordinance amending the Zoning Ordinance on 5 August 2008.
The Coastal Commission certified the amendments, with modifications, on 10 December 2008.

Reviewed by:

__________________________ _____________________
Rich Guillen, City Administrator Date


CITY OF CARMEL-BY-THE-SEA
STAFF REPORT
TO: MAYOR McCLOUD AND COUNCIL MEMBERS
THROUGH: RICH GUILLEN, CITY ADMINISTRATOR
FROM: SEAN CONROY, PLNG & BLDG SVC. MANAGER
DATE: 3 FEBRUARY 2009
SUBJECT: CONSIDERATION OF AN ORDINANCE ADOPTING REVISIONS TO CHAPTERS 17.12.230, 17.14.14D AND 17.64.220 OF THE ZONING ORDINANCE RELATED TO AFFORDABLE HOUSING. THE PROPOSED REVISIONS ARE REQUIRED BY THE CALIFORNIA COASTAL COMMISSION (FIRST READING)

BACKGROUND & PROJECT DESCRIPTION
The City Council adopted revisions to the General Plan and Zoning Ordinance to allow for an increase in density and additional zoning exceptions for projects exclusively dedicated to housing for low or very-low income residents.

The California Coastal Commission certified the proposed amendments -- with the attached modifications. The Coastal Commission determined that the City’s
ordinance allowing for exceptions to numerous zoning standards could potentially have a negative impact on the character of the City. The Commission approved the density bonus, but eliminated the City’s ability to grant other zoning
exceptions. The Commission indicated that the City could still make exceptions for individual projects through the specific plan process. These modifications
require the following Council actions:
1) Adoption of a Resolution accepting the changes to the General Plan.
2) Adoption of an Ordinance accepting the changes to the Zoning Ordinance.
A separate item on the agenda addresses the modifications to the General Plan.

RECOMMENDATION
Adopt the Ordinance (1st Reading).

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
ORDINANCE 2009-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA ADOPTING REVISIONS TO CHAPTERS 17.12.230, 17.14.14D AND 17.64.220 OF THE ZONING ORDINANCE RELATED TO AFFORDABLE HOUSING (FIRST READING)

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 amendments to the Land Use Element of the
General Plan/Local Coastal Plan on 1 July 2008 allowing an increased density for projects consisting exclusively of housing for low or very-low income residents; and

WHEREAS, the City Council adopted amendments to the Zoning Ordinance on 5 August 2008 addressing projects that consist exclusively of housing for low or very-low income residents; and

WHEREAS, on 10 December 2008 the California Coastal Commission certified the proposed amendments with modifications.

NOW, THEREFORE, the City Council of the City of Carmel-by-the-Sea does hereby adopt by ordinance the attached revisions to the zoning 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.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this ___ day of ________ 2009 by the following roll call vote:

AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:

SIGNED,

__________________________________
Heidi Burch, City Clerk

ATTEST:

________________________
SUE McCLOUD, MAYOR


Exhibit “A”
ZONING ORDINANCE
17.14.230 – Affordable Housing
A. Affordable Housing Projects. Projects located in the 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 by the Association of Monterey Bay
Area Governments (AMBAG) in Municipal Code Section 17.70.
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 standard 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)
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.
E. Land Use Requirements. New developments which qualified the applicant for the
award of the density bonus pursuant to this Title, shall be offered for rent at affordable rates as defined in Municipal Code Section 17.70, for a period of 30 years or longer if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. The City shall ensure continued affordability and protection of all low and
very low income units via a written agreement, deed restriction, or housing easement granted to an appropriate public or quasi-public agency involved in affordable housing programs.

Easements, agreements, or deed restrictions shall be approved prior to commencement of construction and recorded prior to sale or occupancy.
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17.14.14.D Floor Area Bonus.
1. Affordable Housing Bonuses – A floor area bonus may be granted for projects in all
commercial districts and the R-4 districts in the following instances:
a. Moderate Income: Up to 5 percent for projects if at least 25 percent of the
units in a housing project are reserved for persons of moderate income as
defined by AMBAG in Municipal Code Section 17.70.
b. Low Income. Up to 10 percent for projects if at least 20 percent of the units in a housing project are reserved for persons of low income as defined by AMBAG in Municipal Code Section 17.70.
c. Up to 15 percent for projects if at least 10 percent of the units in a housing
project are reserved for persons of very low income as defined by AMBAG in Municipal Code Section 17.70.
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17.64.220 –Affordable Housing (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:
A. That the project consists entirely of affordable housing units for low and/or very-low 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.