DENSITY BONUS ORDINANCE UPDATE
A RESOLUTION OF THE, PLANNING COMMISSION OF
THE CITY OF ORANGE RECOMMENDING CITY
COUNCIL APPROVAL OF AN ORDINANCE OF THE
CITY COUNCIL OF THE CTTY OF ORANGE AMENDING
CHAPTER 17.15 OF THE ORANGE MUNICIPAL CODE
RELATING TO DENSITY BONUS LAW
APPLICANT: CITY OF ORANGE
WHEREAS' Califomia Government Code Section 65915, et. seq. establishes standards fo^r the granting of a density bonus as an incentive to encourage the development of housing affbrdable to low- and very low-income households in Califomia: and _ WHEREAS, the provisions of State density bonus law have continued to evolve since the adoption ofthe density bonus provisions sontained in Chapter 17.15 ofthe Orange Municipalcode were adopted in 2008 creating inconsistencies between State law and the city 6ode; WHEREAS. Housing policy Action 28 of the city of orange Housing Erementidentilies an update to the density bonus provisions of the orange M"unicipal c?de as animplementation action of the Element: and WHEREAS. the Planning commission conducted on dury advertised public hearing onMarch 4. 2024, at which time inter-ested persons had an opportunity to testify eiiher in support ot.or opposition to, the proposal and for the purpose ofconside.ing the Density Bonus ordinance.
Now' THEREFORE, BE IT RESOLVED that the planning commission recommendsthat the city council approve the Density Bonus ordinance showrias Attachment l, attachedhereto. based on the following finding:
SECTION I- FINDINGS
The proposed Ordinance updates the density bonus provisions contained in Chapter l7.l 5 of theoMC to be consistent with california Govemment code Section 65915, et. seq. and implementsan implementation activity included in Housing policy Action 2E} olthe City oiorange HousingElement.
RESOLUTION NO. PC 03-21
Resolution No. PC 03-24
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
ATTACHMENT I
PLANNING COMMISSION RESOLUTION NO. PC 03-24
DRAFT DENSITY BONUS ORDINANCE
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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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 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 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
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Pamela Coleman" City Clerk, City of Orange
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