SECTION 2.ENVI RONMENTAL REVIEW
The proposed project is categorically exempt from the provisions of the Califomia Environmenral Quality Act (CEQA) pursuanr ro Section 1537g of the state cEeA Guidelines (Common Sense Exemption) because it will not have a direct or reasonably foreseeable indirect physical change on the environment and is not a "project." For this reason. no further cEeA documentation is required.
ADOPTED this 4th day of March 202.1.
Davi d Vazquez. Planning Commission Chair
I hereby cerrify that the foregoing Resolution was adopted by the planning commissionof rhe city of orange at a regular meering thereof held on the 4,h iay of Irau."ri z-oi+. uy *,.following vote:
AYES: Martinez, Simpson, Vejar. Maldonado, Tucker, McCormack, y azqtezNOES: None ABSENT: None
Anna Pehoushek
Assistant Community Development Director
382
ATTACHMENT I
PLANNING COMMISSION RESOLUTION NO. PC 03-24
DRAFT DENSITY BONUS ORDINANCE
383
ORDINANCE NO. XX-24
AN ORDINANCE OF THtr CITY COUNCIL OF
THE CITY OF ORANGE AMENDING
CHAPTER I7.08 AND 17.15 OF THE ORANGE
MUNICIPAL CODE RELATING TO DENSITY
BONUS LAW
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I:
SECTION II
The Table contained at Section 17.08.020 shall be revised as lollows:
This ordinance is not a project under rhe califbmia Environmental euality Act (cEeA) per State CEQA Guidelines Section 15378, because it involves administrative activities ofthe Citythat will not result in direct or indirect physical changes in the environment.
Trpe of Procedure, pcrmit or Heari ng CDD DRC P(' (C
Administrative Desi n Revierv
Adm inistrative Ad ustment Permit xAlcohol Production Permit Conditional Use Permit A(l) x(l) x(t x( l)Bonus licationDen Design Revieu A/X( l) x(r)
Environmental Documentation x(l) x(l)General Plan Amendment XNeighborhood Preservation Overla Ap lications A/X( l) x(l) Old Towne Demolition Permit x(l) xReasonable Accommodation x( l) Site Plan Review Ma or x
Site Plan Review Minor x
Sober Livin Permit \
Temporary Use (Non-Recurrin ) Perrnt x(t) x(1)'fenr rary Use (Recurrin g ) Perm it x Tentative Parcel Ma p x( r) x(l) x(l)Tentative Tract Map \ Variance A(I) x( 1) X
Zclne ( han
\Zonin Ordinance Amendntent \
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384
SECTION III:
Section 17.08.020(E)(l) is hereby amended to add subsection (n) as follows:
SECTI ()N IV:
SECTI0N V:
CHAPTER I7.I5
DENSITY BONLIS
*n. Decide upon Density Bonus applications and review, approve and execute Density Bonus Housing Agrcemcnts, with concurrence of the City Attomey.,, chapter I 7.1 5 oflthe orange Municipal code (Zoning -Density Bonus) is hereby repealed in its entirety.
chapter 17.15 ofthe orange Municipar code (Zoning Density Bonus) is hereby addedto read as follows:
17.t5.010
17.t5.020
17.15.030
17. r 5.0,.t0
t 7.15.050
17.15.06 Density Bonus
Processing and Approval
Density Bonus Housing Agreement
Location, Design and Qualitv of Affordable Units
Issuance of Building Permit
Additional Regulations
17.15.010 DensityBonus
The city hereby incorporates by refcrcnce the state's density bonus law, as contained inGovernment Code Section 659r5. et. seq., as may be amended from time to time. In "nu.ii"g ,hr,chapter. it is the intent of the Cit1, ro faciritate rhe deveropment of affordabre housing ald toimplement the goals. objectives. and policies of the Housing Erement of the city,s ceneri Rian.
17.t5.020 ProcessingandApproval.
An application for density bonus under this Chapter shall follow the review process lor Major SitePlan Review as set forth in Section l 7. | 0.060, including form and payment or requirea rees. rheapplication shall be processed concurrently with any other discretionary or ministerial entitLmentapplications. Determinations shaI be made by the Director of community oeu"topn,"nt. afp"ut,shall be as set lonh in this Title. 2 385
17.15.030 Density Bonus Housing Agreement
A. The applicant requesting a density bonus under this Chapter shall agree to construct, operate and maintain the project in accordance with a density bonus housing agreement entered into with the City.
B. The terms of the density bonus housing agreement shall be reviewed and revised as appropriate by the Director of Community Development, who shall execute on behalfofthe city, and the City Attorney, who shall review as to form.
c . The proposed dcnsity bonus housing agreement shall be based on the city's standard form agreement. which. at minimum, shall include the address(es), legal description. an appropriate term of aflbrdability, a project description, including, but not limited to, the total number of market-rate and affordable units, the concessions or incentives provided. waivers or reductions provided, the type and description ofthe affordable uni(s) provided (number ol bedrooms/bath, unit size. floor area, etc.) and other standard provisions, including, but not limited to, income verificalion requirements, the dispersal requirement under this chapier. indemnification language, monitoring and/or reporting requirements and remedies for breach.. ? once a density bonus housing agreement is determined acceptable by the Director ofCommunity Development and executed by the parties, the density bonus housing agreement shall be recorded on the parcel or parcels designated for construction. The approuai an'd recordarion shall take place prior to final map approvar, or. where a map is not being processed, prior to the issuance of building permits forthe project. The density bonus housing agiel11"nt shuil'b" birding upon all future on ners and successors in interest
f 7.15.040 Location, Design and euality of Affordable Units Design Affordable units shall be dispersed throughour the project. The bedroom mix olthe affordableunits shall be equivalent to the bedroom mix of the market-rate units of the project, except that the applicant may include a higher proportion ofaflordable units with more bediooms. The exterior and interior design and appearance olthe affordable units shall be comparable with the market rate units.
f7.15.050 Issuance of Building permits
The City may not issue building permits for more than 50 percent of the market rate units until iI has issued building permits for all ofthe aifordable units. ;nd the city may not approve any final inspections or certificates oloccupancy fbr more than 50 percent olthe market raie units until it has issued final inspections or certificates ofoccupancy for all ofthe aftbrdable units.
17.15.060 AdditionalRegulations
The Direcror may propose additional standards and procedures to implement the provision of thisChapter, consistent with the requirements of State law. The Director,s reguiations shall be 3 386
submitted to the city council for approval by resolution and may be changed fiom time to time to reflect changes in State law without further action ofthe City Council.
SECTION VI:
Ifany section, subdivision. paragraph. sentence. clause or phrase ol'this ordinance is l.or any reason held to be invalid or unconstitutional. such decision shall not afll'ect the validity of the remaining portions ol'this Ordinance. The City Council hereby declares that it would have passed this Ordinance- and each section, subdivision, paragraph. Sentence, clause and phrase thereof, irrespective ol the fact that any one (or more) section. subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional.
SICTION VII:
The City Clerk is hereby directed to certify the adoption of this Ordinance and cause the same to be published as required by law. This ordinance shall rake effect thiny (30) days from and after the date of its final passage.
ADOPTED this day of .2023
Daniel R. Slater, Mayor, City of Orange
ATTEST:
Pamela Coleman, City Clerk, City of Orange
STATE OF CALIFORNIA
COUNTY OF ORANCE
CITY OF ORANGE )
l. PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing C)rdinance was introduced at the regular meeting olthe City Council held on the day of 2023. and thereafter at the regular meeting ofsaid City Council duly held on the_day of 2023 was duly passed and adopted by the fbllowing vote. to wit:
)
)
l
AYES: COI.JNCILMEMBERS
387
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Pamela Coleman" City Clerk, City of Orange
5 388
Agenda Item
Planning Commission
Item #: 5.2. 3/4/2024 File #: 24-0067
TO: Chair and Members of the Planning Commission
FROM: Anna Pehoushek, Assistant Community Development Director
1. SUBJECT
Public Hearing to consider an Ordinance amending Chapter 17.15 of the Orange Municipal Code relating to Density Bonus Law.
2. SUMMARY
The Density Bonus provisions contained in Chapter 17.15 of the Orange Municipal Code are not consistent with State Density Bonus law. The subject Ordinance amends the Code to incorporate the provisions of Government Code Section 65915, et. seq. by reference.
3. RECOMMENDED ACTION
Adopt Planning Commission Resolution No. PC 03-24 entitled:
A Resolution of the Planning Commission recommending that the City Council approve an Ordinance of the City Council of the City of Orange amending Chapter 17.15 of the Orange Municipal Code relating to Density Bonus law.
4. AUTHORIZING GUIDELINES
Orange Municipal Code (OMC) Section 17.08.020 authorizes the Planning Commission to review and make a recommendation to the City Council on Zoning Ordinance amendments.
5. PROJECT BACKGROUND
State Density Bonus law is contained in California Government Code Section 65915, et. seq. The law establishes a sliding scale of bonus density ranging of up to 50 percent based on a combination of unit affordability and proportion of affordable units in relation to a project’s overall residential unit count. Age-restricted senior citizen housing developments are also eligible for a density bonus. The legislation enables developers to request up to four incentives or development standard concessions in order to maximize project feasibility and incentivize affordable housing development. The developer must commit to a 55-year period of affordability. The Government Code Section, including tables indicating eligible density bonus in relation to unit affordability, is provided in Attachment 2.
6. PROJECT DESCRIPTION
The subject Ordinance replaces OMC Chapter 17.15 in its entirety and establishes consistency between the density bonus provisions of the Orange Municipal Code and California Government Code. Incorporation by reference of the California Government Code will enable the OMC to maintain consistency with State law in the event of changes to the legislation over time. Sections 17.15.020 through 17.15.050 establish procedures, standards, and requirements specific to the City of Orange City of Orange Printed on 2/29/2024Page 1 of 2
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Item #: 5.2. 3/4/2024 File #: 24-0067
as follows:
1. Development applications requesting density bonuses in accordance with State law will follow the process for Major Site Plan Review and shall be subject to final action by the Planning Commission.
2. The Community Development Director, in consultation with the City Attorney, shall execute Density Bonus Housing Agreements on behalf of the City.
3. Affordable units shall be dispersed throughout a housing development.
4. Persons who reside, work, go to school or have family in the City of Orange shall be provided first priority for the affordable units.
5. The Community Development Director is granted authority to propose additional standards and procedures to implement the density bonus program to the City Council for approval by resolution.
7. ANALYSIS AND STATEMENT OF THE ISSUES
The proposed Ordinance implements one aspect of Housing Policy Action 2B included in the Housing Element. Specifically, it brings the density bonus provisions of the OMC into compliance with State law. The updating of the OMC will be among the action items reported to the California Department of Housing and Community Development in the City’s Annual Housing Element Progress Report.
8. PUBLIC NOTICE
On February 23, 2024 a notice was published in the Orange County Register newspaper.
9. ENVIRONMENTAL REVIEW
Categorical Exemption : The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15378 (Common Sense Exemption) because it will not have a direct or reasonably foreseeable indirect physical change on the environment and is not a “project.” For this reason, no further CEQA documentation is required.
10. ADVISORY BOARD ACTION
None required.
11. ATTACHMENTS
Attachment 1 Planning Commission Resolution No. PC 03-24 (including Draft Ordinance) City of Orange Printed on 2/29/2024Page 2 of 2
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APPROVED BY THE PLANNING COMMISSION ON MARCH 18. 2024
MINUTES
City of Orange
Planning Commission
March 04.2024
The Planning
5:30 p.m. in
California.
Commission of the City of Orange, California convened on March 4, Regular Meeting in the Council Chamber, 3OO E. Chapman Avenue,a 2024. al
Orange,
1 OPENING/CALL TO ORDER
Chair Vazquez called the meeting lo order at 5:30 p.m
PLEDGE OF ALLEGIANCE
Commissioner McCormack led the flag salute.
ROLL CALL
Commissioner Vejar joined the meeting at 5:32 p.m.
Present: Martinez, Simpson, Veiar, Maldonado, Tucker, McCormack, and Vazquez
Absent: None
PUBLIC COMMENTS
A motion was made by Vice Chair Martinez, seconded by Commissioner Maldonado, to approve the Consent Calendar as presented. The motion carried by the following vote:
Ayes: Ivlartinez, Simpson, Vejar, Maldonado, Tucker, McCormack, and Vazquez Noes: None
Absent: None
COMMISSION BUSINESS
2 1.'l
1.2 4
None
3. CONSENTCALENDAR
3.1. Approval of meeting minutes of the city of orange planning commission Regular Meeting held on February 5, 2024.
ACTION: Approve minutes as presented.
Approval of the Consent Calendar
4.1 . Selection of Planning Commission Office6.
A motion was made by Vice Chair Martinez, seconded by Commissioner Tucker, to nominate Chair Vazquez to continue serving as Chair for a one-year term.
Aves: Martinez, Simpson, Veiar, Maldonado, Tucker, McCormack, and Vazquez Noes: None
Page '1 of 3
391
Planning Commission Minutes Match 4,2024
Absent: None
A motion was made by Vice Chair Martinez, seconded by Commissioner Simpson, to nominate Commissioner Vejar to serve as Vice Chair for a one-year term.
Ayes: Martinez, Simpson, Veiar, Maldonado, Tucker, McCormack, and Vazquez Noes: None
Absent: None
NEW BUSINESS
Public Hearing to consider a request to construct a new industrial warehouse building and associated site improvements at 500 W. Collins Avenue and adoption of Mitigated Negative Declaration and associated Mitigation Monitoring and Reporting Program (Major Site Plan Review No. ,1121-22, Design Review No. 5101-22, and Mitigated Negative Declaration No. 1883-22).
Chair Vazquez opened the public hearing.
Public S kers:
Montana Kanen, applicant, spoke on behalf of the project Chair Vazquez closed the public hearing.
A motion was made by commissioner simpson, seconded by Vice chair Martinez to adopt Planning Commission Resolution No. 05-24.
5 5.1
5.2. Resolution No. 05-24. A Resolution of the Planning commission approving Major site Plan Review No. 1121-22, Design Review No. S|OS-22, and Mitigated Negative Declaration No. 1883-22, to redevelop a 6.o4-acre industrial site with a new industrial warehouse building and associated site improvements at 500 W. Collins Avenue.
Ayes: Martinez, Simpson, Veiar, Maldonado, Tucker, [ilccormack, and Vazquez Noes: None
Absent: None
Public Hearing to consider an Ordinance amending Chapter 17.15of the Orange Municipal Code relating to Density Bonus Law.
Chair Vazquez opened the public hearing; there
closed the public hearing.
being no speakers, Chair Vazquez
A motion was made by Chair Vazquez, seconded by Commissioner lvlaldonado, to adopt Planning Commission Resolution No. 03-24.
Resolution No. 03-24. A Resolution of the Planning commission recommending that the City Council approve an Ordinance of the City Councit of the City of Orange amending Chapter 17.15 of the Orange Municipal Code relating to Density Bonus law.
Aves: Martinez, Simpson, Veiar, Maldonado, Tucker, McOormack, and Vazquez Noes: None
Absent: None
The following spoke in favor of the project:
Zach Strasters and Henry Hillebrecht.
392
Planning Commission Minutes March 4,2024
6 ADJOURNMENT
There being no further business, the meeting was adjourned at 6:10 p.m.
The next Regular Planning Commission Meeting will be held on Monday, March 1g, 2024 5:30 p.m., in the Cou Chamber
Anna Pehoushek, FAICP
Assistant Community Development Director
393