Ordinance 3129CITY OF ALAMEDA ORDINANCE No. 3129
New Series
AMENDING ALAMEDA MUNICIPAL CODE SECTION 30 -17
DENSITY BONUS ORDINANCE
BE IT ORDAINED by the City Council of the City of Alameda:
Findings:
In enacting this Section, the City Council finds as follows:
1. The amendments maintain the integrity of the General Plan. The proposed
Density Bonus Ordinance Amendments implement California Government Code and
General Plan policies to ensure effective community participation in land use and
development decisions.
2. The amendments will support the general welfare of the community. The
proposed zoning text amendments will support the general welfare of the community
by establishing clear standards for a variety of housing types and densities
consistent with California Government Code and the housing needs of the Alameda
community.
3. The amendments are equitable. The proposed zoning amendment is equitable in
that it establishes appropriate processes and procedures for the review of future
residential development proposals and ensures equal access to all income groups
and household types.
4. California Environmental Quality Act (CEQA). The proposed zoning
amendments are exempt from CEQA pursuant to Guideline Section 15061(b)(3).
Section 1. Section 30 -17.4 Density Bonus Application shall be amended as follows:
30 -17.4 - Density Bonus Application.
a. In order to receive concessions and /or incentives, or waivers under this section 30-
17, an Applicant must submit to the City a Density Bonus Application which will be
treated as part of the Development Application. At any time during the review
process, the Planning and Building Director may require from the Applicant
additional information reasonably necessary to clarify and supplement the
Application or to determine the Development's consistency with the requirements of
this section.
b. The Density Bonus Application shall include the following:
1. A development plan illustrating that the "base" project meets all existing general
plan and zoning development standards.
2. A description of the Development, including the total number of proposed
Affordable Housing Units, senior housing units, or age- restricted mobile home
park units; a description of any land the Applicant proposes to donate for low
income housing units; and any child care facilities the Applicant proposes to
construct as part of the qualifying housing development premises or on an
adjacent property.
3. The zoning and General Plan designations and assessor's parcel number(s) of
the project site.
4. A vicinity map showing the location of the proposed project.
5. A set of preliminary project plans that include a site plan showing all building
and structure footprints or locations, drive aisles and parking layout; floor plans
of all structures and buildings; and architectural elevations of all buildings and
structures, all drawn to scale.
6. A request for a concession or incentive shall include evidence to justify why it is
necessary to provide for affordable housing costs. Specifically. the application
shall include a financial report or pro forma demonstrating : i) whether the
concessions or incentives sought would result in identifiable, financially
sufficient, and actual cost reductions; ii) whether the concessions or incentives
souaht are necessary to reduce the cost of the housina proiect sufficiently to
make feasible the provision of the Affordable Housina Units: and iii) how any
additional concession or incentive would contribute sianificantly to the economic
feasibility of the construction of the Child Care Facility if a Child Care Facility is
proposed;_
7. A request for a waiver shall include evidence to justify why it is necessary to
allow construction of the development on the site. Specifically, any applicant
reauestina a waiver of development standards that physically preclude
construction at the densities and /or concessions and incentives permitted shall
submit evidence in the form of a site plan, drawing or written explanation
describing why the waiver is needed to permit the project. A financial report or
pro forma is not required to iustifv a waiver.
8. The Affordable Housing Unit Plan which shall include: described in subsection
30 17.15 below.
a) The location, structure (attached, semi - attached, or detached), proposed
tenure (sale or rental), and size and number of bedrooms of proposed
market -rate and Affordable Housina Units and the proposed size of non-
residential uses included in the Development;
b) The income level to which each Affordable Housing Unit will be made
affordable;
c) For phased Developments. a phasing plan that provides for the timely
development of Affordable Housing Units in or000rtion to other housing units
in each proposed phase of development as reauired bv this section.
9. Any other information reasonably requested by the Planning and Building
Director to aid in the implementation of this section 30-17.
c. In the event that construction of a proiect is to be: 1) phased over more than two
years, and those entitlements are vested bv instruments such as a Development
Agreement or other similar instrument. and 2) the vesting document(s) allows for the
phased submittal of Design Review plans including the floor plans and elevations of
Proposed buildings, then the applicant mav be allowed to phase submittal of the floor
Plans and elevations reauired bv subsection 30-17.4.5. of all planned residential
buildings until such time that the Design Review plans are submitted pursuant to the
vesting documents.
d.e. A project with a Density Bonus Application, including a request for concessions,
incentives or waivers, shall be reviewed for approval by the Planning Board;
provided, however, that if a Development involves another permit or entitlement
requiring City Council approval, then the Planning Board may deny the development
project or recommend its approval to the City Council.
e. d. A requested concession, incentive, or waiver shall be approved unless the
findings for denial listed in subsection 30.17.9 a., "Requests for Incentives or
Concessions," or 30-17.12 a., "Waivers of Development Standards the Physically
Preclude Construction," are made in writing.
f. e. Decisions of the Planning Board may be appealed to or reviewed by the City
Council as provided in section 30-25 of this code, "Appeals or Calls for Review."
Section 2. Section 30-17.5 Density Bonus Standards subsection f. shall be amended
as follows to conform to recent changes in State law:
f. An applicant shall agree and the City shall ensure continued affordability of all low-
and very-low-income units that qualified an Applicant for the award of the Density
Bonus for 30 years for "for sale" units, and 55 years for rental units, or a longer
period of time if required by the construction or mortgage financing assistance
program, mortgage insurance program, rental subsidy program, or other City
ordinances or requirements.
Section 3. Section 30-17.13 Requests for Reduced Parking Ratio shall be amended as
follows:
30-17.13 - Requests for Reduced Parking Ratio.
a. Anv application meeting the criteria of subsection 30-17.7 shall provide on-site
Parking consistent with Section 30-7 Off-Street Parkina and Loading Space
Regulation. In the event that applicant is unable to meet the reauirements of
Section 30-7, the applicant mav request a reduction in the reauired on-site oarkinq
consistent with _ .. - - . _ _ • - A : _ ' nt, a
criteria of subsection 30 17.7 shall be subject to the following on -site parking ratios
(inclusive of handicapped and guest parking):
1. Zero (0) to one (1) bedroom: one (1) on -site parking space.
2. Two (2) to three (3) bedrooms: two (2) on -site parking spaces.
3. Four (4) and more bedrooms: two and one -half (21/2) parking spaces.
b. If the total number of parking spaces required for a Development is other than a
whole number, the number shall be rounded up to the next whole number. For
purposes of this subsection, a development may provide "onsite parking" through
tandem parking or uncovered parking, but not through on- street parking.
c. This subsection shall apply to a Development that meets the requirements of
subsection 30 -17.7 but only at the request of the Applicant. An Applicant may
request parking incentives or concessions beyond those provided in this subsection.
s -. ... -- - -•• _
Section 4. Section 30 -17.15 shall be deleted.
30 17.15 Affordable Housing Unit Plan.
a An Applicant shall submit an Affordable Housing Unit Plan as part of the
Develoom 1ppli eat' an,
b. The Affordable Housing Unit P
1. The location, s ructure (attached, semi attached, or detached), proposed tenure
Development;
ntial uses included in the
. . 4 . _ _ . _ - _e.,
floor plan describing the size of the Affordable Housing Units in square feet;
3. The income level to which each Affordable Housing Unit will be made
affordable;
z1. Drafts of the documents to be used to ensure that the units remain awe
for the required term, et. - . - . • _ - : - - _ - _ . f trust, and
rights of first refusal;
5. For phased Developments, a phasing plan that provides for the timely
development of Affordable Housing Units in proportion to other housing units in
ont as required by this section;
6. A marketing plan that describes how the Applicant will inform the public, and
those within the appropriate income groups, of the availability of Affordable
Neu -slag .Units;
7. A financial report (pro forma) to evaluate: i) whether the concessions or
cost reductions; ii)
to reduce the cost of the housing project sufficiently to make feasible the
provision of the Affordable Housing Units; and iii) how any additional
concession or incentive would contrib-ute significantly to the economic feasibility
and
8. Any other information reasonably requested by tho Planning and Building
Director to assist evaluation of the Affordable Housing Unit Plar,
Section 5. Section 30-17.16 shall be amended as follows:
30-17.16 - Affordable Housing Unit Agreement.
a. Each Development for which a Density Bonus and incentive or incentives is granted
pursuant to this section 30-17 shall be the subject of an Affordable Housing Unit
Agreement the provisions of which will vary depending on how a Development
satisfies the provisions of this section 30-17. The Affordable Housing Unit
Agreement shall be recorded as a restriction on the parcel or parcels on which the
Affordable Housing units will be constructed. The Affordable Housing Unit
Agreement shall be approved and recorded before final map approval, or, where a
map is not requested, prior to issuance of building permits for market-rate units. The
Affordable Housing Unit Agreement shall be binding on all future owners and
successors in interest. An Affordable Housing Unit Agreement must include:
1. A description of the Development, including the total number of units, and the
number and tenure (sale or rental) of Affordable Housing Units.
2. The size, in square feet, and location of Affordable Housing Units;
3. A description of the income group to be accommodated by the Affordable
Housing Units, and the formula for determining the Affordable Rent or sales
price and Affordable Housing Cost for each Affordable Housing Unit;
4. The duration of affordability for the Affordable Housing Units; and the provisions
to ensure that the units remain affordable for the reauired term. such as resale
and rental restrictions, deeds of trust, and riahts of first refusal:
5. A schedule for completion and occupancy of the Affordable Housing Units;
6. Provisions and/or documents for resale restrictions, deeds of trust, rights of first
refusal or rental restrictions or other appropriate means to maintain the
affordability of the Affordable Housing Units;
7. A Marketing Plan approved by the City for sale or rental of the Affordable
Housing Units, which shall use an equitable method to select renters or
purchasers of the Affordable Housing Units and describe how the Applicant will
inform the public, and those within the appropriate income croups, of the
availability of Affordable Housina Units
8. Provisions for subletting units consistently with affordability restrictions;
9. Procedures for qualifying tenants and prospective purchasers of Affordable
Housing Units.
10. Provisions for monitoring the ongoing affordability and habitability of Affordable
Housing Units; and
11. A description of the concession(s) or incentive(s) provided by the City.
ri-d. No, 3012 I 12-1-200S)
Section 6. Section 30-17.17 shall be deleted:
30 17.17 Affordable Housing Unit Agreements for Ownership Units.
•• alb
- 4•" ee- —e.
Agreement for an -ownership Development must provide the following conditions
governing the sale and use of Affordable Housing Units during the use restriction
period:
Income households or Moderate Income households in a common interest
le submitted to the City.
nits shall bo owner occupied by Very Low or Low
Income households or by Moderato Income households within common interest
developments.
3. With the exception of Moderate Income housing units, the resale price of any
affordable unit shall not exceed the purchase price paid by the owner of that
unit with the following exceptions:
(i) Customary-closing-costs and costs of sale,
(11) Cost of real estate commissions pai
nts installed by the seller.
/I. Upon resale of Moderate Income housing units, the seller of tho unit shall retain
the value of any improvements installed by the seller, his or her down payment,
and the seller's proportionate share of appreciation. The City shall recapture
any initial subsidy and its proportionate share of appreciation, which shall then
be used within five years for the purposes of incrmsing, improving, and
preserving the City's supply of Low and Moderate Income housing available at
affordable housing cost. The City's proportionate share of appreciation is the
ratio of the initial subsidy to the fair market value of the home at the time of
initial sale. The initial subsidy is the fair market value of the homo at the time-ef
initial sale minus the initial sale pricc to the moderate income household,
stistanse-or-mortgago assistance. If upon resale,
the market value is lower than the initial market value, then the value at the time
of the resale shall be used as the initial market value thereafter.
'" " : • '• " •
5. The purchaser of each Affordable Housing Unit shall executo an instrument or
agreement approved by the City restricting the sale of the Affordable Housing
6.
17.17
Unit in accordance with this subsection- 36 17.17 during the use restriction
period. Such inetru nt shall be recorded against the parcel
containing the Affordable Housing Unit and shall contain such provisions as the
City may require ensuring continued compliance with this cabcoction 30 17.17
and with Government Code section 65915. With respect to Moderate Income
Affordable-Housing Units, the in arum
subsection 30 17.17
'ith this subsection 30
Section 7. Severability Clause. It is the declared intent of the City Council of Alameda
that if any section, subsection, sentence, clause, phrase, or provision of this ordinance
is held invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not be so construed as to render invalid or unconstitutional the
remaining provision of this ordinance.
Section 8. This ordinance shall be in full force and effect from and after the expiration
of thirty (30) days from the date of its final passage.
Attest:
c-
Lara Weisiger, City /t Jerk
.11 —
Presiding Offi er of the Council
I, the undersigned, hereby certify that the foregoing Ordinance was duly and
regularly adopted and passed by Council of the City of Alameda in regular meeting
assembled on the 7th day of July, 2015, by the following vote to wit:
AYES: Councilmembers Daysog, Ezzy Ashcraft, Matarrese, Oddie
and Mayor Spencer — 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, 1 have hereunto set my hand and affixed the official
seal of said City this 8th day of July, 2015.
2-6-c-176i I
Lara Weisiger, Ci
City of Alameda
APPROVED AS TO FORM:
Janet ern, City Attorney
City of Alameda