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Home My WebLink About97-32 EXHIBIT A RESOLUTION NO. 97-32 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE RECOMMENDING TOWN COUNCIL APPROVE AN AMENDMENT TO THE TOWN'S INCLUSIONARY HOUSING ORDINANCE (ORD. NO. 94-06) WHEREAS, the Town Council of the Town of Danville adopted the Town's Inclusionary Housing Ordinance (Ord. No. 94-06) on March 15, 1994; and WHEREAS, the Inclusionary Housing Ordinance (Ord. No. 94-06) is an implementation measure (Policy 2.10) of the Town 's 1990-1995 Housing Element Update of the Danville 2005 General Plan; and WHEREAS, the main purpose of the Inclusionmy Housing Ordinance is to further the Town' s goal to achieve a balanced community with housing available for households of a range of income levels; and WHEREAS, the Inclusionmy Housing Ordinance strives to assure that new residential developments contribute to the attainment of the Town's housing goals by increasing the production of for-sale or for-rent units affordable by households of very low, low and moderate income, and additionally stimulating the receipt of funds available for the development of affordable housing; and WHEREAS, the provision of rental units affordable to the very low and low income households have been difficult with the tools available in the Town's existing Inclusionmy Housing Ordinance; and WHEREAS, the amendment of the existing Inclusionary Housing Ordinance, adding Section 32-23.16, provides for-rent units which would be available to the very low and low income households; and WHEREAS, the amendment of the existing Inclusionmy Housing Ordinance, adding Section 32-23.16, would allow the incorporation of second dwelling units, coupled with an Affordable Housing Fee, to be developed with single family residential units as a way of fulfilling a development's inclusionmy housing ordinance obligation; and .~..-, PAGE 1 OF RESOLUTION NO. 97-32 WHEREAS, the amendment of the existing Inclusionary Housing Ordinance, adding Section 32-23.16, is substantially consistent with the purpose and intent of the existing Ordinance; and WHEREAS, the amendment of an existing Inclusionary Housing Ordinance, a previously approved project, is exempt from the requirements of the Califomia Environmental Quality Act (CEQA); and WHEREAS, the Planning Commission did review the project at a noticed public hearing on September 9, 1997; and WHEREAS, the public notice of this action was published in the San Ramon Valley Times, mailed to local developers, and posted in public buildings; and WHEREAS, a staff report was submitted recommending that Planning Commission recommend the Town Council approve the ordinance amendment; and WHEREAS, the Planning Commission did hear and consider all reports, recommendations, and testimony submitted in writing and presented at the hearing; now, therefore, be it RESOLVED that the Planning Commission of the Town of Danville recommends the approval of the amendment to the Inclusionary Housing Ordinance and make the following findings in support of the ordinance amendment: The proposed amendment to the Inclusionary Housing Ordinance is consistent with the goals and policies of the Danville 2005 General Plan. The proposed amendment to the Inclusionary Housing Ordinance provides a mechanism for creation of affordable housing. The proposed amendment to the Inclusionmy Housing Ordinance complies with State law and offers a wider range of opportunities for developers of affordable housing to fulfill their affordable housing obligation than currently allowed by the existing text of the Ordinance. The amendment to the existing Inelusionary Housing Ordinance has been found to be exempt from the requirements of the Califomia Environmental Quality Act (CEQA) based on Section 15061 (General Exemption). PAGE 2 OF RESOLUTION NO. 97-32 APPROVED by the Danville Planning Commission at a Regular Meeting on September 9, 1997 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Hunt, Jameson, Osborn, Rapp, Moran Bowlby, Combs APPROVED AS TO FORM: City Attorney ~f pl~an~ing~'''~ ~e o f:\planning\williamsxapplicat. ion\ztaXzta97_02\ptwz 19 PAGE 3 OF RESOLUTION NO. 97-32 luouaooa~V ~u!snoH olqsp~ojjV 'o adoaS 'q 'sl}uFl PuoooS olgH lo>Pt~N ~oio{t luoH-ao~I 9 I'EZ:-UtE :s~xolloJ sg pgo~ ol 'opo3 lgdp!unN all.~ue(I aql ol poppg Xqa~oq s} 9I'£Z-Zg uo}DoS :itNO NOI&DitS :SAXOqqO~I SV NIVCI'dO SitOG oll!xtreG Jo u~xo& oqlJo lpunoD u~xo& ~Iq['IlANV(130 NIA~O& 3H,L Nil 9i',4IgflOH 'IVIJLNI~I(IISSIH 3qHV(IHO,J,JV HO3 aDNIVNrI(IHO DNISflOH AHVNOISflqDNI 3H& O& &NIalA~(IN3IA~V &AVlt~ At the time that the affordable housing agreement is submitted to the Town for review and approval, the developer shall pay a one-time Processing Fee for the future administrative oversight of these for-rent BMR second units. The amount of the fee shall be determined by the Town Council. Qualifying Households: Maximum Income of Renters The for-rent BMR second unit shall not be rented to a household with an income which exceeds 72% of the current SMSA median income, as published by the California Department of Housing and Community Development pursuant to Health and Safety Code Section 50079.5, adjusted for household size. (Note: The Town shall advise the owners of any annual changes in the SMSA median incomes). Documentation shall be supplied to the Town verifying that the household income of households occupying the for-rent BMR second unit is not in excess of 72% of the current median income, adjusted for household size. Restriction on Rental Rate The rental rate shall not exceed what is affordable to a low income household earning 72% of the current SMSA median income, adjusted for household size and providing for appropriate allowance for utilities. Amaximumof30%ofthehouseholdincomeshall be assigned to the housing costs for the for-rent BMR second unit (shall cover both the unit's rental rate and an appropriate allowance for utility costs). The Town shall advise the owner of annual changes in the allowable rental rate (and shall provide a schedule for utility allowance adjusted for household size). Self-Reporting The owner shall self-report the status of the for-rent BMR second unit (using a Town- supplied reporting form) in conjunction with receipt of the Town's annual rental rate update report. During the required two years (24 months) of occupancy of the second unit, the property owner must submit certification, signed by the tenant, verifying occupancy of the unit by a qualifying household and at the maximum allowable rental rate. After the initial two years of occupancy of the rental unit, owners of the for-rent BMR second units are not required to continuously market and rent the second units. PAGE 2 OF ORDINANCE NO. 98-XX Violation-Penalty Violation of this section, or the affordable housing agreement for the for-rent BMR second unit, is subject to a penalty assessed against the owner of the property. The amount of the penalty is defined by the following subsections below: If a property owner rents the for-rent BMR second unit to a non-qualifying household, the penalty shall be valued at one half (1/2) of the amount of total rental income received from the non-qualifying household for the full duration of the rental period by the non-qualifying household. If a property owner charges rent above the maximum amount allowable, the penalty shall be valued at five times the total amount of the over-payment for the full duration of the rental period where excess rent was charged. If a property owner rents the for-rent BMR second unit to a non-qualifying household and charges rent above the maximum amount allowable, the penalty shall be an amount valued at one half(I/2) of the total rental income received (for the full duration of the rental period by the non-qualifying household) plus five times the total amount of the over-payment (for the full duration of the rental period where excess rent was charged). The Town reserves the right to allow a change in the amount of the penalty based on case-specific factors leading to non-compliance of this section or the affordable housing agreement. If a property owner does not fulfill the obligation to rent the for-rent BMR second unit to a qualifying household at the Town-defined maximum rental rate, the property owner shall be assessed a penalty equal to the amount of rent charged for the required amount of time (e.g., Town-defined maximum rental rate X 24 months). If unpaid, this penalty shall be levied and recorded as a lien against the property. Design Parameters: The for-rent BMR second units shall be designed such that the physical layout of the unit and its inter-relationship with the primary unit ensures its availability as a self-contained viable second unit. 1. Architectural and Physical Design For-rent BMR second units shall be architecturally compatible with main residential unit in roof pitch, scale, colors, materials, trim, windows, as well as PAGE 3 OF ORDINANCE NO. 98-XX other exterior physical features. The maximum floor area of a for-rent BMR second unit shall be as defined in Section 32-23.16.i.5. Relationship to Main Residence (a) The second unit may be detached or attached to the main residence; (b) If detached second units are proposed, each second unit shall be designed to provide privacy for the main residential unit (i.e., minimum number of windows facing the main unit, relative location of entry areas, etc.) and shall meet all setback requirements applicable to the main residence; (c) The second unit shall have a separate entrance from the main unit; (d) There shall be no direct access from main residence to the second unit; (e) There shall be a wall separating the garage of the primary residence and the garage/parking area of the secondary unit; (f) The second unit shall have a separate mailing address to allow independent contact with the unit's occupants; and (g) Any proposed modifications to the second unit must secure prior review and approval by the Chief of Planning. Adequate Facilities At the time the tentative map associated with the project is reviewed, a finding must be made that the following adequate facilities are provided: (a) The second unit shall have complete independent living facilities, adequate to meet the needs of at least a one-person household; (b) Permanent provisions for food preparation, sleeping, and bathing needs shall must be provided; (c) Disposal of sanitary waste shall be provided by public sanitary sewer district; (d) Provision of potable water shall be provided by municipal utility district; PAGE 4 OF ORDINANCE NO. 98-XX j , (e) To function as an independent living unit, the second dwelling shall be required to have its own water heater, washer/dryer hook-ups, air- conditioning/heating unit (with independent cooling/heating controls). Parking Requirements The second unit shall have its own on-site covered parking space (9' x 19" minimum clear), which shall be walled off and accessed separately. The on-site parking space for the second unit may be provided as a garage or as a carport. Minimum Lot Size/Maximum Second Unit Size/Floor Area Ratio (a) The second unit shall be _<650 square feet for developments with lots averaging _>8,000 square feet (i.e., projects with a density _<4.15 dwelling units per acre); (b) The second unit shall be _<500 square feet for developments with lots averaging < 8,000 square feet (i.e., projects with a density >4.15 dwelling units per acre); (C) Projects with a typical minimum lot size of _< 6,500 square feet (i.e., equivalent to a density of _> 5 dwelling units per acre) shall not be allowed to utilize this approach for meeting their affordable housing requirements; (d) The resulting floor area ratio (FAR) for the primary and secondary units on an individual lot shall not exceed 60 percent. (e) Deviation from the above-cited dimensional criteria may be considered by the Town Council on a project-by-project basis. 6. Setback requirements will be determined on a project-by-project basis. Sunset Clause This section shall remain in effect for three years from the date of its adoption. At the end of this three-year period, the Town Council shall review the amendment' s effectiveness and shall decide whether to continue to allow use of the for-rent BMR second units as a permanent tool within the Inclusionary Housing Ordinance. PAGE 5 OF ORDINANCE NO. 98-XX SECTION TWO. Publication. The City Clerk shall either a) have this Ordinance published once within 15 days after adoption in a newspaper of general circulation or b) have a summary of this ordinance published twice in a newspaper of general circulation once five days before it's adoption and again within 15 days after adoption. SECTION THREE. Severability. The Town Council hereby declares that every section, paragraph, clause and phrase are severable. If any section, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses or phrases. The foregoing ordinance was first read and introduced on ,1998 and approved and adopted by the Danville Town Council at a Regular Meeting held on ,1998 by the following vote: AYES: NOES: ABSTAIN: ABSENT: MAYOR APPROVED AS TO FORM: ATTEST: CITY ATTORNEY CITY CLERK f:\plm~ning\williatns\applicat.ionXzta\zta97_02XREVord_amend PAGE 6 OF ORDINANCE NO. 98-XX