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Home My Public Portal About28) 8A 2nd Reading and Adoption of ord. 13-972 Housing ElementDATE: TO: FROM: AGENDA ITEM 8.A. COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM September 3, 2013 The Honorable City Council Jose E. Pulido, City Manag ~ Via: Mark Persico, AICP, ~unity Development Director By: Paul Deibel, AICP, Community Development Project Manager Peter Sun, Management Analyst SUBJECT: PUBLIC HEARING: SECOND READING AND ADOPTION OF ORDINANCE NO. 13-972, AN ORDINANCE AMENDING THE MUNICIPAL CODE TO IMPLEMENT THE HOUSING PROGRAMS OUTLINED IN THE 2008-2014 HOUSING ELEMENT RECOMMENDATION: The City Council is requested to: a) Waive further reading of Ordinance No. 13-972; and b) Adopt Ordinance No. 13-9 72 (Attachment "A") by title only, amending the Municipal Code to implement the housing programs outlined in the 2008-2014 Housing Element. BACKGROUND: 1. On October 19, 2009, the City submitted a draft update of the housing element of the General Plan to the State of California Department of Housi ng and Community Development (HCD). 2. On December 16, 2009, the City received a letter from HCD advising that while the submitted draft element addressed some statutory requirements that had not been adequately addressed in a prior submittal i n 2008, additional revisions were still necessary. In particular, per HCD, the element "still does not include a complete analysis of sites to accommodate the regional housing needs allocation." City Council September 3, 2013 Page 2 of 5 3. On April 28, 2011, the City Council adopted the FY 2011-13 City Council Priorities and City Manager's Action Plan. An important objective of this work plan is the adoption of an update to the housing element that will address housing needs for all segments of the community, and do so in a manner consistent with state statutes on housing element content. 4. On December 9, 2011, the City approved a consultant services agreement with Karen Warner Associates, a well-experienced housing planning firm, to comprehensively revise the City's draft housing element so that it would meet the community's housing-related goals and objectives in a manner consistent with state statutory requirements for local housing elements. 5. On September 21, 2012, staff conveyed the first draft of the new housing element update to the City Council and Planning Commission along with a cover memorandum dated September 21, 2012 providing background on the housing planning process in California, and how the City's share of regional housing need is established through the Regional Housing Needs Assessment (RHNA) process. 6. On September 27, 2012, the City Council and the Planning Commission conducted a joint study session on the new draft update of the housing element and authorized the re-submittal of the draft housing element update to HCD to ensure that the element addresses the community's housing needs in a manner consistent with state statutes. 7. On December 4, 2012, the City received a letter from HCD indicating that, subject to one minor revision, the draft housing element would meet the requirements of state law for housing elements. 8. On March 26, 2013, a copy of the revised draft City of Temple City 2008-2014 Housing Element/Public Hearing Draft was conveyed to each member of the City Council along with a cover memorandum that provided an assessment of the most recent comments from HCD, and a draft of the Initial Study. 9. On April 9, 2013, the Planning Commission reviewed and recommended to the City Council to adopt the 2008-2014 Housing Element and Mitigated Negative Declaration. 10. On May 7, 2013, the City Council adopted the 2008-2014 Housing Element and Mitigated Negative Declaration. 11. On July 23, 2013, the Planning Commission reviewed and recommended to the City Council to adopt Ordinance No. 13-972, implementing the 2008-2014 Housing Element programs. The Planning Commission staff report and attachments are attached for reference (Attachment "B"). City Council September 3, 2013 Page 3 of 5 12. On August 5, 2013, public notices regarding the City Council hearing on Ordinance No. 13-972 was published in the Temple City Tribune. 13. On August 6, 2013, the City Council adopted Ordinance No. 13-976 amending the Downtown Specific Plan to implement one of 18 housing element programs by adding mixed-use development standards and modifying the requirements for multi- family and senior citizen housing projects. 14. On August 20, 2013, the City Council held a public hearing introducing Ordinance No. 13-972 for first reading by title only. ANALYSIS: To maintain General Plan consistency and implement the recent City Council adopted 2008-2014 Housing Element, it is necessary to amend the City's Zoning Code. The current Zoning Code provides adequate standards of development for a predominately single family neighborhood and does not permit special needs housing such as emergency shelters, community care facilities, single room occupancies, or transitional and supportive housing. While the current Zoning Code sufficiently guides the current variety of infill development, there is clearly a growing demand for housing evidenced by rising housing prices and Southern California Association of Government's (SCAG) projected regional housing needs. The current parking and density requirements are inflexible and do not support comprehensive or imaginative designs. Without changes to the zoning code, opportunities for high-quality development will be limited. Ordinance No. 13-972 makes amendments to the Zoning Code to implement seven of 18 programs outlined in the adopted 2008-2014 Housing Element to allow the development of housing to meet the needs of low-and moderate-income households, and to address or remove constraints to the maintenance, improvement, and development of housing. One housing program has been already adopted on August 6, 2013 by Ordinance No. 13-976. The remaining programs are not implementable through a Zoning Code amendment. These amendments must be adopted and effective by October 2013 prior to HCD review of the 2013-2021 Housing Element update currently in progress in order to demonstrate implementation of adopted housing programs. Ordinance No. 13-972 proposes key changes to the Zoning Code to implement Housing Element programs designed to allow the development of housing to meet the needs of low-and moderate-income households, and to address or remove constraints to the maintenance, improvement, and development of housing. The following are the key changes to the Zoning Code: City Council September 3, 2013 Page 4 of 5 1. To target growth in R-3 lots not adjoining the R-1 zoning district, R-3 standards of development are being modified to allow multi-family residential development at a density of 20-30 units per acre and changing requirements related to parking standards and building height; 2. Incentives are being created to encourage consolidation of R-3 lots into larger development sites in order to achieve the scale and quality of development envisioned for the area, and to offer density bonuses and concessions to developments offering affordable housing, senior housing, or land donations for affordable housing; 3. To facilitate the development of a variety of housing types for special needs persons, Ordinance No. 13-972 makes amendments to allow the development of single-room occupancies, community care facilities, emergency shelters, transitional and supportive housing in specified zones to comply with state legislation; and 4. A reasonable accommodations procedure is being created to allow exceptions to development standards to accommodate the needs of persons with disabilities. Ordinance No. 13-972 will help ensure HCD certification of the upcoming 2013-2021 Housing Element, qualify the City for an eight-year Housing Element update instead of four-year, and have the City eligible for various state and transportation grants. Furthermore, these amendments maintain Zoning Code consistency with the General Plan and protect the City from lawsuits. Adoption of Ordinance No. 13-972 is also necessary to meet California state legislation Senate Bill (SB) 2 and SB 1818, which require localities to establish density bonuses and concessions to provide incentives for development of affordable, senior, and child care facilities; and to establish emergency shelters, transitional housing, and supportive housing as permitted use. The amendments proposed by Ordinance No. 13-972 have been reviewed and recommended for adoption by the Planning Commission and must be effective by October 2013 prior to HCD review of the 2013-2021 Housing Element Update. CONCLUSION: The City Council is requested to adopt Ordinance No. 13-972 to bring the City into compliance with SB 1818 and SB 2 and to maintain General Plan consistency with the Zoning Code. City Council September 3, 2013 Page 5 of 5 FISCAL IMPACT: This item does not have an impact on the Fiscal Year (FY) 2013-14 City Budget. ATTACHMENTS: A. Ordinance No. 13-972 B. Planning Commission Staff Report dated July 23, 2013, and attachments thereto C. Addendum to Mitigated Negative Declaration