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Home My WebLink AboutORD NO 3468ORDINANCE NO. 3468 AN ORDINANCE ADDING CHAPTER 15.79 TO THE BAKERSFIELD MUNICIPAL CODE RELATING TO DENSITY BONUSES AND RESCINDING RESOLUTION 68-82. WHEREAS, the Planning Commission of the City of Bakersfield held a public hearing to consider adding Chapter 15.79 to the Bakersfield Municipal Code relating to Density Bonuses and rescinding Resolution 68-82; and, WHEREAS, by Resolution No. 20-92 on May 7, 1992 the Planning Commission recommended approval of an ordinance amending Title 15 of the Municipal Code to comply with Section 65915 (c) of the California Government Code by this Council and this Council has fully considered the findings made by the Commission as set forth in that Resolution; and, WHEREAS, the Planning Commission, pursuant to a noticed public hearing, did make several general and specific findings of fact which warranted a negative declaration of environmental impact and the Council has considered said findings and all appear to be true and correct; and, WHEREAS, the law and regulations relating to the preparation and adoption of Negative Declarations as set forth in CEQA and the City of Bakersfield Resolution No. 107-86 have been duly followed by city staff, the Planning Commission and this Council; and, WHEREAS, a Negative Declaration without mitigation was advertised and posted on April 3, 1992, in accordance with CEQA; and, findings: WHEREAS, the City Council has considered and makes the following 1. All required public notices have been given. 2. The provisions of CEQA have been followed. 3. The proposed ordinance will not have a significant adverse effect on the environment; and, WHEREAS, the City Council has determined after due consideration of the recommendation of the Planning Commission herein on file that the ordinance addition should be authorized. OR;G~AL NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: correct. 2. 3. read as follows: SECTION 1. All of the foregoing recitals are hereby found to be true and The Negative Declaration is hereby approved and adopted. Chapter 15.79 is hereby added to the Bakersfield Municipal Code to Chapter 15.79 DENSITY BONUSES Sections: 15.79.010 15.79.020 15.79.030 15.79.040 15.79.050 Definitions. Provision of incentives by city. Construction of qualified housing by developer. Continued affordability. Procedure. 15.79.010 Definitions. For purposes of this chapter, the following words shall have the following meanings: A. "Density bonus" means a density increase of at least 25 percent over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan as of the date of application by the developer to the city. The density bonus shall apply to housing developments consisting of five or more dwelling units. B. "Housing development" means one or more groups of projects for residential units constructed in the planned developments of the city. For purposes of calculating a density bonus, the residential units do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located. 2 C. "Incentive" means any of the following: 1. A reduction in site development standards or modification of zoning code requirements or architectural design requirements which exceed the minimum building standards approved by the State Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required. 2. Approval of mixed use zoning in conjunction with the housing projects if commercial, office, industrial or other land uses will reduce the cost of the housing development and if the commercial, office, industrial or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located. 3. Other regulatory incentives or concessions proposed by the developer or the city which result in identifiable cost reductions. D. "Qualified housing" means one of the following: 1. At least 20 percent of the total units of a housing development are constructed for lower income households, as defined in Section 50079.5 of the Health and Safety Code; or 2. At least 10 percent of the total units of a housing development are constructed for very low income households, as defined in Section 50105 of the Health and Safety Code; or 3. At least 50 percent of the total dwelling units of a housing development are constructed for qualifying residents, as defined in Section 51.2 of the Civil Code. 15.79.020 Provision of incentives by city. When a developer of housing proposes a housing development within the city, the city shall provide the developer with incentives for the production of lower income housing units within the development if the developer meets the requirements set forth in Sections 15.79.030 and 15.79.040. 3 OR;G:NAI 15.79.030 Construction of qualified housina by developer. When a developer of housing agrees or proposes to construct qualified housing, the city shall either: A. Grant a density bonus and at least one incentive, as defined in Section 15.79.010(C), unless the city makes a written finding that the additional incentive is not required in order to provide for affordable housing costs as defined in Section 50052.5 of the Health and Safety Code or for rents for the targeted units to be set as specified in Section 15.79.040; or B. Provide other incentives of equivalent financial value based upon the land cost per dwelling unit. 15.79.040 Continued affordability. A. Except as provided in Subsection D of this Section, a developer shall agree to and the city shall ensure continued affordability of all lower income density bonus units for 30 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. B. 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 area median income. C. 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 area median income. D. If the city does not grant at least one additional incentive pursuant to Subsection A of Section 15.79.030, the developer shall agree to and the city shall ensure continued affordability for 10 years of all lower income housing units receiving a density bonus. 15.79.050 Procedure. A. The developer may submit to the city a preliminary proposal for the development of housing pursuant to this chapter prior to the submittal of any formal requests for general plan amendments, zoning amendments, subdivision map, or site plan review approval. Said preliminary proposal must demonstrate that the provision of an incentive, as defined in Section 15.79.010, is necessary to make the housing units 4 affordable, as set forth in Section 50052.5 of the Health and Safety Code. Said preliminary proposal must also be accompanied by a standard city application and fee. The fee for this application shall be the same as the fee for modifications processed pursuant to Chapter 17.64. B. The city shall, within 90 days of receipt of a written proposal, notify the housing developer in writing of the procedures set forth in this chapter. C. Once the preliminary proposal has been reviewed and deemed complete by the city, the developer may submit a formal request for a related general plan amendment, zoning amendment or subdivision map approval. Said request shall be subject to the same requirements and fees as required by this Code for other similar requests. D. At the public hearing on the general plan amendment, zoning amendment or subdivision map, as requested by the developer, the planning commission shall make findings and determine or recommend to the city council whether a density bonus shall be granted and whether an additional incentive or incentives shall be granted, as set forth in Section 15.79.030. E. The planning commission may also waive or modify development and zoning standards which would otherwise inhibit the utilization of the density bonus on the specific site. Such standards may include, but shall not be limited to, minimum lot size, side yard setbacks, and placement of public works improvements. SECTION 2. This Ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. 5 I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on d U L 0 1 1992 , by the following vote: AYES; COUNCILMEMBERS: EOWAROS, BeMONO, SMffH, BRUNNI, PETERSON, McDERMOTI', SALVAGGIO NOES; COUNCiLMEMBERS, ABSENT COUNCILMEMBERS: I~V~/ ABSTAIN: CGUNCtLMEMBERS' CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED J U L 0 1 1992 CLARENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDIq~I CITY Ar[TORNEY of the City of Bakersfield ms:pjt p:odb.ce 6 OR;G:r4AL ~> AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) SS. County of Kern) CAROL WILLIAMS, Being duly sworn, deposes and says: That she is the duly appointed, acting and qualified of Bakersfield; and that on the 7th day of July posted on the Bulletin Board at City Hall, the following: Ordinance No. 3468 City Council at a meeting held on the 1st and entitled: City Clerk of the City · 1992 she a full, true and correct copy of , passed by the Bakersfield day of July , 1!)92 , NSAOPD /s/ CAROL WILLIAMS CITY CLERK of the City of Bakersfield D~P~v Ci(~ Cl~rk ?~.~ OR;G:t~AL