HomeMy WebLinkAboutORD 05-24 AMENDING CH 17.08 OF THE ORANGE MUNICIPAL CODE RELATING TO DENSITY BONUS LAWORDINANCE NO. 05-24
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING
CHAPTER 17.08 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:
This Ordinance is not a project under the California Environmental Quality Act (CEQA)
per State CEQA Guidelines Section 15378,because it involves administrative activities of the City
that will not result in direct or indirect physical changes in the environment.
SECTION II:
The Table contained at Section 17.08.020 shall be revised as follows:
Type of Procedure,Permit or Hearing CDD DRC ZA PC CC
Administrative Design Review X(1)
Administrative Adjustment Permit X
Alcohol Production Permit X
Conditional Use Permit A A(1) X(1) X(1) X(1)
Density Bonus Application
Design Review A/X(1) X(1)
Environmental Documentation A X(1) X(1)
General Plan Amendment A A X
Neighborhood Preservation Overlay Applications A/X(1) X(1)
Old Towne Demolition Permit A X(1) X
Reasonable Accommodation X(1)
Site Plan Review—Major A A X
Site Plan Review—Minor X
Sober Living Permit X
Temporary Use(Non-Recurring)Permit A X(1) X(1)
Temporary Use(Recurring)Permit X
Tentative Parcel Map X(1)X(1) X(1)
Tentative Tract Map A A X
Variance A A(1) X(1) X
Zone Change A A X
Zoning Ordinance Amendment A A X
SECTION III:
Section 17.08.020(E)(1)is hereby amended to add subsection(n) as follows:
n. Decide upon Density Bonus applications and review,approve and execute Density Bonus
Housing Agreements,with concurrence of the City Attorney."
SECTION IV:
Chapter 17.15 of the Orange Municipal Code(Zoning—Density Bonus)is hereby repealed
in its entirety.
SECTION V:
Chapter 17.15 of the Orange Municipal Code (Zoning—Density Bonus) is hereby added
to read as follows:
CHAPTER 17.15
DENSITY BONUS
17.15.010 Density Bonus
17.15.020 Processing and Approval
17.15.030 Density Bonus Housing Agreement
17.15.040 Location,Design and Quality of Affordable Units
17.15.050 Issuance of Building Permit
17.15.06 Additional Regulations
17.15. 010 Density Bonus
The City hereby incorporates by reference the State's density bonus law, as contained in
Government Code Section 65915, et. seq., as may be amended from time to time. In enacting this
Chapter, it is the intent of the City to facilitate the development of affordable housing and to
implement the goals, objectives, and policies of the Housing Element of the City's General Plan.
17.15.020 Processing and Approval.
An application for density bonus under this Chapter shall follow the review process for Major Site
Plan Review as set forth in Section 17.10.060, including form and payment of required fees. The
application shall be processed concurrently with any other discretionary or ministerial entitlement
applications. Determinations shall be made by the Director of Community Development. Appeals
shall be as set forth in this Title.
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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 behalf of the City,
and the City Attorney, who shall review as to form.
C . The proposed density 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 affordability, 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 of the affordable unit(s) provided (number of bedrooms/bath,
unit size, floor area, etc.) and other standard provisions, including, but not limited to, income
verification requirements,the dispersal requirement under this Chapter,indemnification language,
monitoring and/or reporting requirements and remedies for breach..
D. Once a density bonus housing agreement is determined acceptable by the Director of
Community Development and executed by the parties,the density bonus housing agreement shall
be recorded on the parcel or parcels designated for construction. The approval and recordation
shall take place prior to final map approval, or, where a map is not being processed, prior to the
issuance of building permits for the project.The density bonus housing agreement shall be binding
upon all future owners and successors in interest
17.15.040 Location,Design and Quality of Affordable Units Design
Affordable units shall be dispersed throughout the project. The bedroom mix of the affordable
units shall be equivalent to the bedroom mix of the market-rate units of the project, except that
the applicant may include a higher proportion of affordable units with more bedrooms.The exterior
and interior design and appearance of the affordable units shall be comparable with the market rate
units.
17.15.050 Issuance of Building Permits
The City may not issue building permits for more than 50 percent of the market rate units until it
has issued building permits for all of the affordable units, and the City may not approve any final
inspections or certificates of occupancy for more than 50 percent of the market rate units until it
has issued final inspections or certificates of occupancy for all of the affordable units.
17.15.060 Additional Regulations
The Director may propose additional standards and procedures to implement the provision of this
Chapter, consistent with the requirements of State law, including, but not limited to, requesting
that applicants endeavor to provide preferences to eligible persons with ties to the City of Orange.
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The Director's regulations shall be submitted to the City Council for approval by resolution and
may be changed from time to time to reflect changes in State law without further action of the City
Council.
SECTION VI:
If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for
any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the
remaining portions of 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 of the fact that any one(or more) section, subdivision, paragraph, sentence, clause or
phrase had been declared invalid or unconstitutional.
SECTION 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 take effect thirty(30) days from
and after the date of its final passage.
ADOPTED this 23rd day of April, 2024.
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el R. Slater, Mayor, City of Orange
ATTEST:
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Pamela Coleman, City Clerk, City of Orange
APPROVED AS TO FORM:
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Mike Vigliotta, City Attorney
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STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify
that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the
9th day of April, 2024, and thereafter at the regular meeting of said City Council duly held on the
23rd day of April, 2024 was duly passed and adopted by the following vote, to wit:
AYES: COUNCILMEMBERS: Slater, Barrios, Dumitru, Tavoularis, Bilodeau, Gutierrez
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Gyllenhammer
ABSTAIN: COUNCILMEMBERS: None
Pamela Coleman, City Clerk, City of ange
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