Ordinance Number 766283
ORDINANCE NO. 766
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AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING TITLE 9 OF THE MUNICIPAL CODE TO ADD SECTION
9-3.511, ESTABLISHING STANDARDS FOR SENIOR/HOUSEHOLD
AFFORDABLE HOUSING AND DENSITY BONUS PROVISIONS
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findi
The City Council finds that:
1. The revised Housing Element of the General Plan was adopted in April 1990
by the City Council which established goals, policies and objectives to achieve regarding the
production of new houses, rehabilitation, assistance, to very low, low, and moderate income
households; and,
2. In order to achieve the desired objectives a significant financial investment is
necessary at all governmental levels; and,
3. The California State Legislature has declared that there exists a severe shortage
of housing affordable to very low, low, and moderate householders, that such shortages is detrimental
to the health, safety and welfare of the residents of the state, and that it is an economic benefit to the
state and a public purpose to encourage the availability of adequate housing for very low, low, and
moderate income households; and,
4. The lack of federal, state, and local funding to maintain an adequate supply of
affordable units forces people into expending limited income above their means for housing; and,
The City has recognized the need to implement a comprehensive housing
policy to address the housing needs for both existing and future residents of this community; and,
SECTION 2. Code Amendment.
Based upon the findings set forth in Section 1, preceding, Chapter 3 of Title 9 of the
San Juan Capistrano Municipal Code is hereby amended by adding Section 9-3.511 thereto to read
as follows:
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"Section 9-3.511. Senior/Household Affordable Housing and Density Bonus Overlay
District.
(a) Purpose and Intent.
Purpose and Intent of the affordable housing and density bonus provisions in this Section -are
to achieve the following:
1. To create an Affordable Residential Overlay District to facilitate the development of
residential housing opportunities for low and very low income senior/households within the City.
2. To comply with Government Code Sections 65915 and 65917 to provide 25% density
bonuses for the creation of affordable housing projects which guarantee accessibility of housing for
qualified low and very low income seniors and households for ten years.
3. To comply with Government Code Sections 65915 and 65917 to provide density
bonuses and an additional incentive for the creation of affordable housing projects which guarantee
long-term (30 years) accessibility of housing for qualified low and very low income seniors and
households.
4. To establish development criteria to ensure that the design of affordable senior and
household housing projects are consistent with the City's General Plan Community Design Element
and Architectural Guidelines.
(b) Affordable Housing and Density Bonus Policies.
City policies aimed at achieving the preceding Senior/Household Affordable Housing and
Density Bonus Purpose and Intent shall be as follows:
I. Development Restrictions - Development should be designed to be compatible with
adjacent uses and to promote high quality affordable housing projects within all zone districts.
2. Materials and Design - Materials and design shall be of high quality and architectural
design and should be consistent with other City design standards.
(c) Ten Years Affordable Housing Program Description (Density Bonus).
1. Affordable Residential Overlay District - The Affordable Residential Overlay District
is hereby created to permit affordable senior/household residential units subject to City Council
approval of a Density Bonus permit in the following districts:
* Single Family (RS)
* Garden Home (RD)
* Multiple Family (RM)
* Mobile Home Park (MHP)
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* Neighborhood Commercial (CN)
* Public Institutional (IP)
* Special/Precise Plan (SP)
* Planned Community (PC)
* Planned Development District (PD)
2. Applicability of Overlay District - To qualify for use of the Affordable Residential
Overlay District the application must meet the following criteria:
a. At least 20 % of total units must be affordable to qualified low income and
an additional 10 % of the units must be affordable and available to qualified very low income
households; or,
b. At least 50 % of total units must be affordable and available to qualified low
and very low income seniors (62 years of age or older).
C. All of the above designated units must have ten year affordability agreements
recorded against the property.
(d) Thirty Years Affordable Housing Program Description (Density Bonus with additional
incentive).
1. Affordable Residential Overlay District - The Affordable Residential Overlay District
is hereby created and will permit the establishment of affordable senior/family residential units subject
to City Council approval of a Density Bonus Permit in the following districts:
* Single Family (RS)
* Garden Home (RD)
* Multiple Family (RM)
* Mobile Home Park (MHP)
* Neighborhood Commercial (CN)
* Public Institutional (IP)
* Special/Precise Plan (SP)
* Planned Community (PC)
* Planned Development District (PD)
2. Applicability of Overlay District - To qualify for use of the Affordable Residential
Overlay District the following criteria apply:
i. At least 20 % of total units must be affordable by qualified low income and
an additional 10 % of the units affordable to qualified very low income households; or,
ii. At least 50 % of total units must be affordable to qualified low and very low
income seniors (62 years of age or older).
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iii. All of the above designated units must be insured continual affordability for
30 years by execution of an Affordability Agreement recorded against the property.
3. Density Bonuses with an additional incentive shall be granted using the following
formula used to determine permitted number of units:
i. The number of units that can be considered for any eligible property shall be
determined using the following formula and numbers provided in Table 1 below:
(General Plan Density) X (Density Bonus of 1.25) X (Average Unit Size per
District) divided by (Proposed Unit Size) = Number of Maximum Units per Acre
Permitted.
TABLE I- DENSITY BONUSES WITH AN ADDITIONAL INCENTIVE
FORMULA
ZONE
AVERAGE
UNIT SIZE
GENERAL PLAN
DENSITY
Single Family (RS)
2,000
Per General Plan Density
Garden Home (RD)
1,500
Per General Plan Density
Multiple Family (RM)
1,200
Per General Plan Density
Public Institutional (IP)
2,000
Per General Plan Density
Neighborhood Commercial
(CN)
2,000
Per predominate/adjacent
General Plan Density
Planned Development (PD)
Based upon a floor area ratio
of 0.30.
Specific/Precise Plan (SP)
Planned Community (PC)
(e) Application Review Process. —
All applications shall be reviewed in accordance with the provisions of Title 9 of the Municipal
Code. The City Council, upon recommendation by the Planning Commission, shall make a positive
finding for each of the following categories before approving an application:
1. General Plan Consistency - The application shall be considered consistent with the
General Plan Land Use Element if the intensity of development is in compliance with the design
standards as outlined above.
Findings of inconsistency with other elements shall be restricted to specific areas of
demonstrated public health and safety hazards to future residents of the proposed development.
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2. Municipal Code Consistence - A finding that the project application is consistent with
design criteria herein as well as meeting all other provisions of Title 9 (Land Use).
3. Potential Adverse Impacts on Adjacent Properties - A finding that the project does
not have an adverse impact upon the surrounding properties that can not be reduced or minimized
by a design change or condition regulating the project's operation.
4. CC & R's - A finding that the CC & R's have included the provisions and terms of
affordability as drafted in the affordability agreement for the project.
(f) Information to be Submitted with Project Application for Senior/Household Affordable
Housing Developments Processed with or without a Density Bonus.
In addition to the materials required to be submitted with project applications specified in
Section 9-2.602 of this Code, the following items shall be submitted for review of any project subject
to this section:
1. Draft Affordability Agreements guaranteeing Affordability for minimum of 10 or 30
years, which ever is applicable. Said agreements shall contain the following information:
i. In the case of for -sale housing develop menu. the affordability agreement shall
provide for the following conditions governing the initial sale and use of Target Units during
the use restriction period:
(aa) Target units shall, upon initial sale or subsequent sale within the use
restriction period) be sold to eligible Very Low or Lower Income Households at an
Affordable Sales Price and Housing Cost, or to Qualified Residents (i.e. maintained
as a Senior Citizen Housing Development) as defined by this chapter.
(ab) Target Units shall be owner occupied by eligible Very Low or Lower
Income Households during the use restriction period, or by Qualified Residents in the
case of a senior Citizen Housing Development.
(ac) The initial owner or subsequent owners of Target Units, excluding
Senior Citizen housing developments, shall grant the City right of first refusal to
purchase the Target Units during the use restriction period. A subsidy recapture
provision, with a repurchase option to maximize the potential for purchase by Very
Low or Lower Income Households will be utilize to maintain the use restriction. The
City reserves the right to purchase the Target Units or delegate its purchase authority
to another governmental entity or qualified non-profit hosing development
corporation during the use restriction period.
ii. In the case of rental housing development the affordability agreement shall
provide for the following conditions governing the use of Target Units during the use
restriction period:
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(aa) The rules and procedures for qualifying tenants, establishing
Affordable Rent, filling vacancies, and maintaining Target Units for qualified tenants;
(ab) Provisions requiring owners to verify tenant incomes and maintain
books and records to demonstrate compliance with this Chapter.
(ac) Provisions requiring owners to submit an annual report to the. .City
which includes the name, address, and income of each person
occupying Target Units, and identifies the bedroom size and monthly
rent or cost of each Target Unit.
iii. All Affordability agreements shall contain the following:
(aa) Total number of units approved for the housing development,
including the number of Target Units;
(ab) The location, unit sizes in square feet, and number of bedrooms of
Target Units;
(ac) Tenure of use restrictions for Target Units of at least 10 or 30 years,
in accordance with this chapter.
(ad) Schedule for completion and occupancy of Target Units.
(ae) A description of remedies for breach of the agreement by either party
(the city may identify tenants as third parry beneficiaries under the
agreement); and,
(af) Any other provisions required by the Planning Director to ensure
implementation and compliance with this chapter.
iv. Said affordability agreements must contain a pro -forma analysis to
demonstrate per unit cost of construction if assistance is requested.
The affordability agreement shall be adopted as an attachment to the CC & Rs
for the project.
(g) Environmental Review.
Environmental Review shall be carried out in accordance with the California Environmental
Quality Act, and where possible, required development review processing will be expedited.
(h) Definitions.
Affordable Rent - Means monthly housing expenses, including a reasonable allowance
for utilities, for rental Target Units reserved for very low or lower income households,
not exceeding the following calculations:
(i) Very low income: 50 percent of the area median income for Orange County
adjusted for household size, multiplied by 30 percent and divided by 12.
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(ii) Lower income: 60 percent of the area median income for Orange County
adjusted for household size, multiplied by 30 percent and divided by 12.
2. Affordable Sales Price - Means a sales price at which Lower or Very Low Income
Households can qualify for the purchase of Target Units, calculated on the basis of
underwriting standards of mortgage financing available for the development.
3. Density Bonus - Means a minimum density increase of at least 25 percent over the
maximum residential density.
4. Density Bonus Housing Agreement - Means a legally binding agreement between a
developer and the City to ensure that the requirement so of this Chapter are satisfied.
The agreement, among other things, shall establish: the number of Target Units, their
size, location, terms and conditions of affordability, and production schedule.
5. Density Bonus Units - Means those residential units granted pursuant to the
provisions of this chapter which exceed the otherwise maximum residential density for
the development site.
6. Housing Cost - Means the sum of actual or projected monthly payments for all of the
following associated with for -sale target units: principal and interest on a mortgage
loan, including any loan insurance fees, property taxes and assessments, fire and
casualty insurance property maintenance and repairs, homeowner association fees and
a reasonable allowance for utilities.
7. Housing Development - means construction projects consisting of five or more
residential units, including single family, multifamily, and mobilehomes for sale or
rent, pursuant to this Chapter.
8. Lower Income Household means households whose income does not exceed the
lower income limits applicable to Orange County, as published and periodically
updated by the State Department of Housing and Community Development pursuant
to Section 50079.5 of the California Health and Safety Code.
9. Maximum Residential density - means the maximum number of residential units
permitted by the City's General Plan Land Use Element and Zoning Ordinance at the
time of application, excluding the provisions of this Chapter. If the housing
development is within a planned development or community overlay zone, the
maximum residential density shall be determined on the basis of the general plan and
maximum density of the underlying zone.
10. Non -restricted units - means all units within a housing development excluding the
target units.
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11. Qualifying Resident means senior citizens or other persons eligible to reside in a
Senior Citizen housing development.
12. Senior Citizen Housing Development means a housing development which has been
designed to meet the physical and social needs of senior citizens as that phrase is used
in California Civil Code Section 51.2 and which qualifies as housing for older persons
as that phrase is used in the federal Fair Housing Amendments Act of 1988 and
implementing regulations.
13. Target Unit - means a dwelling unit within a Housing Development which will be
reserved for sale or rent to, and affordable to, Very Low or Lower income households
or Qualifying Residents so as to qualify for development incentives pursuant to this
Chapter.
14. Very Low Income Household means households whose income does not exceed the
very low income limits applicable to Orange County as published and periodically
updated by the State Department of Housing and Community Development pursuant
to Section 5005 of the California Health and Safety Code.
(i) Senior/Household Affordable Housing Program Development Standards.
The following standards shall be used in the design of all qualified projects:
Units shall not exceed two stories in height as measured from average finished grade.
2. Parking requirements shall be as follows:
Senior housing (62 years of age or older) - One covered space per unit, plus
one space per each 10 units for visitor parking.
ii. Non-senior/household housing - Two spaces per unit, one of which must be
covered, plus one space per each two units for visitor parking.
iii All structures shall have a minimum setback of 20 feet from all project
boundaries.
3. Senior housing (62 years if age or older)
Drop -Off areas are to be located at key access points around the project.
ii. Traversing paths shall have an easy grade (1:18) with resting spots to provide
for comfortable retreat and exercise.
iii. There shall be lighting for steps, ramps, curb cuts, and potentially hazardous
areas.
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iv. Doorways shall be wide enough for a single wheelchair to pass.
V. Paved surfaces should be non -slip and non -glare.
SECTION 3. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its passage.
SECTION 4. City Clerk's Certification.
The City Clerk shall certify to the adoption of this Ordinance and cause the same to
be posted at the duly designated posting places within the City and published once within fifteen (15)
days after passage and adoption as required by law; or, in the alternative, the City Clerk may cause
to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall
be posted in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance;
and, within fifteen (15) days after adoption, the City Clerk shall cause to be published the
aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for
and against the same, in the Office of the City Clerk.
PASSED, APPROVED AND ADOPTED this 5th day of
1995.
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CAROLYN NASH, MAYOR
ATTEST:
CITY CLERIC
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California,
DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No.
766 which was introduced at a meeting of the City Council of the City of San Juan ;
Capistrano, California, held on June 20th 1995, and adopted at a meeting
held on July sth , 1995, by the following vote:
AYES: Council Members Jones, Hart, Campbell, Swerdlin and
Mayor Nash
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL) 2
CHERYL JOHNSION, ITY CLERK
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