Zoning Code Amendment A-12-001�pW N 0
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° 5 COUNCIL AGENDA REPORT
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DATE: June 12, 2012
MEETING DATE: 06/18/12
ITEM NO: .5
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER /0
SUBJECT: ZONING CODE AMENDMENT A -12 -001. APPLICANT: TOWN OF LOS
GATOS
ADOPT AN ORDINANCE AMENDING THE ZONING CODE TO ADD
DIVISION 8 TO CHAPTER 29, ARTICLE 1 ENTITLED "DENSITY BONUS."
RECOMMENDATION
Adopt Zoning Ordinance Amendment A -12 -001 to incorporate the State's Density Bonus Law
(Attachment 1).
DISCUSSION
On June 4, 2012, the Town Council voted to approve Zoning Code Amendment A -12 -001, and
introduced the ordinance to incorporate the State's Density Bonus Program. The Council
approved the ordinance without modification. Adoption of the ordinance (Attachment 1) would
finalize that decision.
ATTACHMENT
1, Zoning Ordinance Amendment
WRR: SLB : ct
t endie Y PREPARED BY : R. Rooney, Director of Community Development
Reviewed by: s Assistant Town Manager (�_ Town Attorney Finance
N: \DEV \TC REP0RTS\2012 \DensityBonus [A -12 -001] 6- 18- 12.adopt.doc Refonnatted: 5/30/02
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ORDINANCE
ORDINANCE OF THE TOWN OF LOS GATOS
ADDING A NEW DIVISION 8 TO CHAPTER 29, ARTICLE I OF THE LOS GATOS
TOWN CODE ENTITLED "DENSITY BONUS (STATE MANDATED)"
WHEREAS, pursuant to California Government Code Section 65915, the Town is
required to adopt a density bonus ordinance that applies to housing developments that provide a
specified percentage of housing dedicated to and affordable to very low income, low income,
senior housing, and moderate income housing; and
WHEREAS, the Density Bonus Program provides incentives and concessions for
affordable housing projects to meet State mandated housing goals; and
WHEREAS, the Town of Los Gatos Density Bonus Ordinance will meet the
requirements under State law.
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS:
SECTION I
Chapter 29, Article I, Division 8, entitled "Density Bonus (State Mandated)" is hereby
added to the Los Gatos Town Code, and shall read as follows:
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ARTICLE I. In General
Division 8. State Mandated Density Bonus
29.10.405 Intent and Authority.
The density bonus ordinance in this chapter is intended to comply with the State
Density Bonus Law codified in California Government Code Section 65915 et
seq., which provides that a local government shall grant a density bonus and an
additional concession, or financially equivalent incentive(s), to a qualified.
housing development agreeing to construct a specific percentage of housing for
lower income households, very low income households, or senior housing as
defined by state law.
ATTACMENT 1
29.10.410 Applicability of Regulations.
(a) In addition to providing a density bonus and additional concession or
equivalent incentives to a qualified housing development for lower income
and very low income households or senior housing, it is the intent to apply
the state law density bonus to qualified physically handicapped persons.
The term "physically handicapped" shall be defined pursuant to California
Health and Safety Code Section 50070 and the Density Bonus Program
Guidelines initially adopted by Town Council in 2012 and amended from
time to time thereafter.
(b) Applicant who elects to proceed with a housing development using the state
law density bonus shall not be eligible for any density increases under the
Town's General Plan Density Bonus Policy or the General Plan Below
Market Price (BMP) Program as set forth in the Town's Housing Element
portion of the General Plan.
29.10.415 General Requirements.
Applicants who voluntarily agree to develop a housing development project that
complies with the affordability requirements referenced in Government Code
65915 et seq. shall conform to the Density Bonus Program Guidelines adopted by
Town Council (initial adopted in 2012) and as may be amended from time to
time.
29.10.420 Grounds for Denial of a Project.
(a) Nothing in Division 8 of this Chapter 29 limits the Town's right to deny an
affordable housing project electing to proceed under the state law density
bonus provisions, if the Council makes written findings, based on
substantial evidence, any of the following:
1. The Town has adopted a Housing Element as part of the General Plan,
and the Town has met or exceeded its share of the regional housing needs for the
income category proposed for the development project;
2. The project as proposed would have a specific, adverse impact upon
the public health or safety which cannot be satisfactorily mitigated without
rendering it unaffordable to lower- income households;
3. The denial of the project or imposition of conditions is required in
order to comply with State or Federal law and there is no feasible method to
comply without rendering the development unaffordable to lower- income
households;
4. The development project is proposed on land zoned for agriculture or
resource preservation which is surrounded on at least two sides by land being
used for agricultural or resource preservation purposes, and which does not have
adequate water or wastewater facilities to serve the project.
5. The development project is inconsistent with the Town's General
Plan land use designation as it existed on the date the application was deemed
complete, and the Town has adopted a housing element pursuant to state law.
(b) Nothing in this chapter limits the Town's right to deny a senior housing
project if the Town finds, based on substantial evidence, that the project
would have a specific, adverse impact upon the public health or safety; and
there is no feasible method to satisfactorily mitigate or avoid the adverse
impact identified.
29.10.425 Mousing Agreement
Applicant requesting a state law density bonus on any rental or for sale project
shall agree to enter into a density bonus housing agreement with the Town as
required under the Density Bonus Program Guidelines. This housing agreement
shall be made a condition of the planning permits for all residential developments
pursuant to this Division and shall be recorded as a restriction on any parcels on
which the density bonus units will be constructed.
29.10.430 Requirements to Maintain the Affordable Units.
(a) All affordable units shall be occupied by the household type specified in
the written housing agreement required under this Division. The
applicant's obligation to maintain these units as affordable housing shall
be evidenced by the housing agreement which shall be recorded as a deed
restriction running with the land.
(b) The Town may establish fees associated with the setting up and
monitoring of affordable units.
(c) The owner shall submit an annual report to the Town, on a form provided
by the Town. The report shall include for each affordable unit the rent,
income, and family size of the household occupying the unit.
(d) The owner shall provide to the Town any additional information required
by the Town to insure the long -term affordability of the affordable units
by eligible households.
29.10.435 Administrative Fee.
An administrative fee shall be charged to the applicant for the review of all
materials submitted in accordance with this Division and for future monitoring of
the affordability of the project. The fee amount shall be established and will be
included in the Town's Master Fee Schedule. Fees will be charged for staff and
consultant time associated with the development review process, project
marketing and leasing, and compliance with the affordability requirements of the
project.
29.10.440 Appeals.
Any person aggrieved by the denial, conditioning, suspension, or revocation of a
density bonus housing development in compliance with the provisions of this
Division may appeal such action or determination to the Council in compliance
with Chapter 29, Article II (Administration and Enforcement) of the Town Code.
SECTION II
In the event that any part of this ordinance is held to be invalid, the invalid part or parts
shall be severed from the remaining portions which shall remain in full force and effect.
SECTION III
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on June 4, 2012, and adopted by the following vote as an ordinance of the Town of
Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on June 18, 2012.
This ordinance takes effect 30 days after it is adopted..
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N:`:l:)C: �' \OIt.1:>ti';►:>f;nr it; Borms Ordinance (Town Code 29 10 405 -I-) final.doe