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HomeMy WebLinkAbout1976 ORDINANCE NO. 1976 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING SECTION 93.23.17 OF THE PALM SPRINGS ZONING CODE RELATING TO DENSITY BONUSES FOR AFFORDABLE HOUSING, CASE 5.1458 ZTA. City Attorney's Summary This Ordinance is intended to satisfy the requirements of California Government Code Section 65915(a)(3)(A), which requires local governments to adopt procedures for density bonus applications for the construction of affordable housing units. This Ordinance will add Section 93.23.17 to the Palm Springs Zoning Code, which will allow the City Council to grant density bonuses to development projects that include affordable units. The Ordinance directly adopts the density bonus criteria, definitions, waivers, and standards as contained in California Government Code Sections 65915 through 65918. THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS: A. Action Item HS1.4 of the Housing Element of the City of Palm Springs General Plan requires that the zoning code be amended to included density bonus provisions for affordable housing units. B. Notice of a public hearing of the Planning Commission of the City of Palm Springs to consider Case 5.1458 ZTA was given in accordance with applicable law. C. On December 12, 2018, a public hearing on the proposed Zone Text Amendment was held by the Planning Commission in accordance with applicable law, at which meeting the Planning Commission voted 7 to 0 to recommend approval of the proposed amendment. D. On January 9, 2019, the City Council held a noticed public hearing on the proposed Zone Text Amendment in accordance with applicable law. E. The proposed Zone Text Amendment is not subject to the California Environmental Quality Act (Public Resources Code Section 21000 et. seq.) pursuant to Section 15060(c)(2) and 15060(c)(3) of the State Guidelines, because the Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a "project," as that term is defined in Section 15378 of the State Guidelines. Ordinance No. 1976 Page 2 F. The City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the Zone Text Amendment, including, but not limited to, the staff report, and all written and oral testimony presented. G. The City Council finds that approval of the proposed Zone Text Amendment would: 1. Implement Action Item HS1.4 of the Housing Element of the City of Palm Springs General Plan; and 2. Implement the requirements of California Government Code Section 65915 relative to the adoption of density bonus provisions. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That the findings and determinations reflected above are true and correct, and are incorporated by this reference herein as the cause and foundation for the action taken by and through this Ordinance. SECTION 2. Add Section 93.23.17 to the Palm Springs Zoning Code as follows: 93.23.17 Density Bonus A. Purpose. The purpose of this section is to establish procedures for implementing State Density Bonus requirements, as set forth in California Government Code Sections 65915 to 65918, and to increase the production of affordable housing, consistent with city policies. In order to promote the construction of affordable units, density bonuses, development incentives, waivers, and parking alterations shall be granted pursuant to the provisions of this section. B. Definitions. For the purposes of this section, unless otherwise apparent from the context, certain words or phrases used in this section are defined as follows: 1. "Affordable housing unit" means an ownership or rental dwelling unit affordable to households with extremely low, very low, low or moderate incomes as published periodically by HCD for households in Riverside County or equivalent as approved by the director of planning. Calculations for the required affordable housing resulting in fractional units shall be rounded up to the next whole number. Ordinance No. 1976 Page 3 2. "Area median income" (AMI) means the median family income in Riverside County as determined annually by HCD, adjusted for household size. 3. "Common interest development' means that as defined in Civil Code Section 4100. 4. "Concession or incentive" means any of the following: a. A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Health and Safety Code Division 13, Part 2.5 (commencing with Section 18901) to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5, or for rents for the targeted units to be set as specified in Government Code Section 65915(c). b. Approval of mixed-use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located. C. Other regulatory incentives or concessions proposed by the developer or the city that result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5, or for rents for the targeted units to be set as specified in Government Code Section 65915(c). 5. "Density bonus" means a density increase over the otherwise maximum allowable gross residential density as of the date of application by the applicant or, if elected by the applicant, a lesser percentage of density increase, including, but not limited to, no increase in density. 6. "Development standard" includes a site or construction condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an onsite open-space requirement, or a parking requirement that applies to a residential development pursuant to any ordinance, general plan element, specific plan, Ordinance No. 1976 Page 4 charter, or other local condition, law, policy, resolution, or regulation, as specified in Government Code Section 65915(o)(1). 7. "Disabled person" means a person who has a physical or mental impairment that limits one or more major life activities, anyone who is regarded as having that type of an impairment or, anyone who has a record of having that type of an impairment. 8. "Disabled veterans" means that as defined in California Government Code Section 18541 . 9. "Dwelling unit" means a dwelling designed and intended for occupancy by a household. 10. "Floor area ratio" means the multiplier applied to the total buildable area of the lot to determine the total floor area of all buildings on a lot. 11 . "HCD" means California Department of Housing and Community Development or any successor agency. 12. "Homeless person" means that as defined in the United States McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et sect.). 13. "Housing development project' means the construction of five (5) or more new residential dwelling units, including mixed-use developments, the addition of five (5) or more residential dwelling units to an existing building or buildings, and the remodeling of a building or buildings containing five (5) or more residential dwelling units. For the purpose of establishing the minimum number of five (5) dwelling units, Restricted Affordable Units shall be included and density bonus units shall be excluded. 14. `Incentive," see "concession or incentive." 15. `Income, very low, low or moderate" means an annual income of a household that does not exceed the amounts designated for each income category as determined by HCD. 16. "Major transit stop" means that as defined in Public Resources Code Section 21155(b). 17. "Maximum allowable residential density" means the density allowed under the zoning ordinance and land use element of the general plan, or, if a range of density is permitted, means the maximum Ordinance No. 1976 Page 5 allowable density for the specific zoning range and land use element of the general plan applicable to the project. Where the density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan, the general plan density shall prevail. 18. "Multiple-family residential projects" as applied in this section means all residential projects exceeding four units per acre and all mixed- use projects. 19. `Project' means the entire parcel of real property, including all structures thereon, all or part of which is intended to be rented or purchased for residential purposes. 20. "Residential hotel' means any building containing six or more guest rooms or efficiency dwelling units, which are intended or designed to be used, or are used, rented, or hired out to be occupied, or are occupied for sleeping purposes by guests, so long as the guest rooms or efficiency dwelling units are also the primary residence of those guests, but not including any building containing six or more guest rooms or efficiency dwelling units, which is primarily used by transient guests who do not occupy that building as their primary residence. 21. "Residential unit' means the same as "dwelling unit' as used in section 91.00.10 (Definitions). 22. "Restricted affordable unit' means a residential unit for which rental or mortgage amounts are restricted so as to be affordable to and occupied by very low, low or moderate income households. 23. "Senior citizen housing development' means a housing development project for senior citizens that has at least 35 units as defined in California Civil Code Sections 51.3 and 51 .12. 24. "Senior citizen mobilehome park means a mobilehome park that limits residency based on age requirements for older persons pursuant to California Civil Code Sections 798.76 and 799.5. 25. "Senior citizens" means individuals who are at least 62 years of age, except that for projects of at least thirty-five (35) units that are subject to this subdivision, a threshold of fifty-five (55) years of age may be used, provided all applicable city, state and federal regulations are met. Ordinance No. 1976 Page 6 26. "Special needs housing development' means that as defined in California Health and Safety Code Section 51312. 27. "Specific adverse impact' means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. Inconsistency with the zoning ordinance or general plan land use designation shall not constitute a specific adverse impact upon the public health or safety. 28. `Transitional foster youth" means that as defined in California Education Code Section 66025.9 29. "Unobstructed access to the major transit stop" means that from the development, a resident is able to access the major transit stop without encountering natural or constructed impediments. 30. "Waiver" means the deletion or reduction of any development standards that would otherwise have the effect of physically precluding the construction of a development identified and permitted in this section. C. Development eligibility, bonus densities, and incentive counts. 1. Eligible developments, bonus densities, and incentive counts. The developments identified in this subsection are eligible for density bonuses and/or incentives as well as parking requirement alterations an waivers. For each development, this section provides levels of density bonus available and the number of incentives available. For applicable standards, see subsections E (Density Bonus Standards), F (Incentive Standards), G (Parking Requirement Alteration Standards), and H (Waivers Standards). a. Housing development with low income restricted affordable units, for sale or for rent. A housing development project that includes at least ten (10) percent of the total units of the project for low income households, either for sale or for rent, shall be granted the following: i. Density bonus. A project that includes ten (10) percent low income housing shall be granted a density bonus of twenty (20) percent. For each one percent increase above the required ten (10) percent low income units, the density bonus shall be increased by one and one- half percent, up to a maximum density bonus of thirty- five (35) percent. See Table DB 1. Ordinance No. 1976 Page 7 Table DB 1 i I . . Percentage Low Percentag e Income Units Density Bonus 10 20.0 F- -—--------T-- 11 21.5 12 23.0 i 13 24.5 14 I 26.0 15 27.5 16 29.0_� 17 30.5 18 32.0 19 33.5 20 or more 35.0 ii. Incentives. A project that includes at least ten (10) percent low income units shall be granted one incentive. A project that includes at least twenty (20) percent low income units shall be granted two incentives. A project that includes at least thirty (30) percent low income units shall be granted three incentives. See Table DB 2. Table DB 2 Percentage Low Number o Incorn Incentives! 10 or more 20 or more 2 3 30 or more Ordinance No. 1976 Page 8 b. Housing development with very low income restricted affordable units, for sale or for rent. A housing development project that includes at least five percent of the total units of the project for very low income households, either for sale units or for rent, shall be granted the following: i. Density bonus. A project that includes five percent very low income housing shall be granted a density bonus of twenty (20) percent. For each one percent increase above the required five percent very low income units, the density bonus shall be increased by two and one- half percent, up to a maximum density bonus of thirty- five (35) percent. See Table DB 3. Table DB 3 Percentage Very Percentage Low Income Units Density Bonus 5 20.0 - 6 - T -- 22.5 - - -- J 7 - I 25.0 8 27.5 J 9 _ 30.0 i-.-------- 1 10 32.5 l — 11 or more 35.0 ii. Incentives. A project that includes at least five percent very low income units shall be granted one incentive. A project that includes at least ten (10) percent very low income units shall be granted two incentives. A project that includes at least fifteen (15) percent very low income units shall be granted three incentives. See Table DB 4. Table DB 4 Percentage Very Number of Low Income Units Incentives 5 or more -- I 1 Ordinance No. 1976 Page 9 10 or more 2 J 15 or more 3 C. Market rate senior housing, for sale orfor rent. A senior citizen housing development or a senior citizen mobilehome park, comprised of units for sale or for rent, shall be granted a minimum density bonus of twenty (20) percent, which may be applied to the senior units only. d. Common interest development with moderate income restricted affordable units, for sale. A common interest development that includes at least ten (10) percent of its units for moderate income households, provided all of the development's units are for sale, shall be granted the following: i. Density bonus. A development that includes ten (10) percent moderate income housing shall be granted a density bonus of five (5) percent. For each one percent increase above the required ten (10) percent moderate income units, the density bonus shall be increased by one percent, up to a maximum density bonus of thirty- five (35) percent. See Table DB 5. Table DB 5 Percentage Percentage Moderate Income Density Bonus Units 10 5 11 i 6 —-J 1 " - 12 -- ' --� 13 8 l 14 --9 ---- -_-J 5 � 10 r 17 f 12 Ordinance No. 1976 Page 10 r Percentage Moderate Income Percentage Units Density Bonus 18 13 19 14 20 15 21 16 22 17 ----------- 23 18 24 19 25 20 ir------------------------- 26 21 2 27 2 28 23 29 24 30 25 31 26 32 27 2 33 8 34 29 35 30 36 31 37 32 38 33 39 34 40 or more 35 Ordinance No. 1976 Page 11 ii. Incentives. A project that includes at least ten (10) percent moderate income units shall be granted one incentive. A project that includes at least twenty (20) percent moderate income units shall be granted two incentives. A project that includes at least thirty (30) percent moderate income units shall be granted three incentives. See Table DB 6. Table DB 6 - .-_.. ------- - Percentage Number of Moderate Income Incentives Units 10 or more 1 1 20 or more 2 30 or more 3 e. Housing for transitional foster youth, disabled veterans, or homeless persons. A housing development project that includes at least ten (10) percent of the total units of the project for transitional foster youth, disabled veterans, or homeless persons; provided these units are at the affordability level of very low income housing, and provided an affordability restriction of fifty-five (55) years is recorded against these units, shall be granted a density bonus equal to twenty (20) percent of the number of these units. f. Land donated for very low income housing. A housing development project that, by way of the application for subdivision map, parcel map, or other residential development approval, donates land to the city that satisfies the requirements of California Government Code Section 65915(g) to include ten (10) percent the total units of the project for very low income households shall be granted a density bonus of fifteen (15) percent. For each one percent increase above the required ten (10) percent very low income units, the density bonus shall be increased by one percent, up to a maximum density bonus of thirty-five (35) percent. See Table DB 7. Table DB 7 Ordinance No. 1976 Page 12 Percentage Very Percentage Low Income Units � Density Bonus 10 15 11 -T 16 12 17 13 18 14 19 15 20 16 21 17 22 23 19 I 24 20 25 21 26 22 27 23 28 77------- -2-4--- 29 --T25 30 26 31 2-7 ---- --- 32 28 T 33 29 34 30 or more 35 9. Child care facility included with a housing development project. A housing development project, which conforms to the requirements of subsections C.1.a (Housing Development with Low Income Restricted Affordable Units, for Sale or for Rent), C.1.b (Housing Development with Very Low Income Restricted Affordable Units, for Sale or for Rent), C.1 .c Ordinance No. 1976 Page 13 (Market Rate Senior Housing, for Sale or for Rent), C.1.d (Common Interest Development with Moderate Income Restricted Affordable Units, for Sale), or C.1 .e (Housing for Transitional Foster Youth, Disabled Veterans, or Homeless Persons) of this section, and includes a child care facility located on the premises of, as part of, or adjacent to, the project, shall be granted one of the following: i. An additional density bonus that is, for purposes of calculating residential density, an increase in the floor area of the project equal to the floor area of the child care facility included in the project; or ii. An additional incentive that contributes significantly to the economic feasibility of the construction of the child care facility. h. Condominium conversion to moderate or low income housing. Subject to the requirements of California Government Code Section 65915.5, a housing development project that involves the conversion of apartments into condominiums and that includes at least thirty-three (33) percent of the total units of the project for low or moderate income households or fifteen (15) percent of the total units of the project for lower income households, shall be granted one of the following: i. A density bonus of twenty-five (25) percent; or ii. Up to three incentives of, in the aggregate, equivalent financial value to the density bonus of twenty-five (25) percent. 2. Ineligible developments. a. Vacated rental property, generally. A housing development project is ineligible for a density bonus, incentives, parking alterations, or any other concessions provided in this section if the development is located on any property that includes a parcel or parcels on which rental dwelling units are or, if the dwelling units have been vacated or demolished in the five- year period preceding the date of the application described in subsection A (Application), have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low or very low income; subject to any other form of governmental rent or price control; or occupied by lower or very low income households, unless: Ordinance No. 1976 Page 14 i. The proposed housing development replaces those units, as defined in subsection C.2.c (Replacement); and ii. Either of the following applies: A. The proposed development, inclusive of the units replaced pursuant to this subsection, contains affordable units at the percentages required in subsections C.1.a (Housing Development with Low Income Restricted Affordable Units, for Sale or for Rent), C.1.b (Housing Development Very Low Income Restricted Affordable Units, for Sale or for Rent), C.1.c (Market Rate Senior Housing, for Sale or for Rent), C.1.d (Common Interest Development with Moderate Income Restricted Affordable Units, for Sale), or C.1.e (Housing for Transitional Foster Youth, Disabled Veterans, or Homeless Persons); or B. Each unit in the development, exclusive of a manager's unit or units, is affordable to, and occupied by, either a low or very low income household. b. Vacated rental property, condominium conversion. An applicant for a condominium conversion described in subsection C.1 .h (Condominium Conversion to Moderate or Low Income Housing) shall be ineligible for a density bonus, incentives, parking alterations, or any other concessions provided in this section if the condominium project is proposed on any property that includes a parcel or parcels on which rental dwelling units are or, if the dwelling units have been vacated or demolished in the five-year period preceding the application subsection D.1 (Application), have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low or very low income; subject to any other form of governmental rent or price control; or occupied by lower or very low income households, unless: i. The proposed condominium project replaces those units, as defined in subsection C.2.c (Replacement) below; and Ordinance No. 1976 Page 15 ii. Either of the following applies: A. The proposed condominium project, inclusive of the units replaced, contains affordable units at the percentages set forth in subsection D.1 (Condominium Conversion to Moderate or Low Income Housing); or B. Each unit in the development, exclusive of a manager's unit or units, is affordable to, and occupied by, either a low or very low income household. C. Replacement. For purposes of this subsection C.2 (Ineligible Developments), "replace" shall mean either of the following: i. If any dwelling units described in subsections C.2.a (Vacated Rental Property, Generally) or C.2.b (Vacated Rental Property, Condominium Conversion) are occupied on the date an application as described in subsection D.1 (Application) is submitted, the proposed housing development shall provide at least the same number of units of equivalent size, to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those households in occupancy. For unoccupied dwelling units described in subsection C.2.a (Vacated Rental Property, Generally) in a development with occupied units, the proposed housing development shall provide units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as the last household in occupancy. If the income category of the last household in occupancy is not known, it shall be rebuttably presumed that lower income renter households occupied these units in the same proportion of lower income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development's Comprehensive Housing Affordability Strategy database. All replacement calculations resulting in fractional units shall be rounded up to the next whole number. If the replacement units will be Ordinance No. 1976 Page 16 rental dwelling units, these units shall be subject to a recorded affordability restriction for at least fifty-five (55) years. If the proposed development is for-sale units, the units replaced shall be subject to covenant requirements of subsection I (Covenants). ii. If all dwelling units described in subsection C.2.a (Vacated Rental Property, Generally) have been vacated or demolished within the five-year period preceding the application, the proposed housing development shall provide at least the same number of units of equivalent size as existed at the highpoint of those units in the five-year period preceding the application to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those persons and families in occupancy at that time, if known. If the incomes of the persons and families in occupancy at the highpoint is not known, it shall be rebuttably presumed that low-income and very low income renter households occupied these units in the same proportion of low-income and very low income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development's Comprehensive Housing Affordability Strategy database. All replacement calculations resulting in fractional units shall be rounded up to the next whole number. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least fifty-five (55) years. If the proposed development is for-sale units, the units replaced shall be subject to the covenant requirements of subsection I (Covenants). D. Application processing and review. 1. Application. An application for a density bonus, incentives, parking requirements alterations, and/or waiver or any other provision in this section shall: a. Be submitted in conjunction with an applicable development permit application; b. Be made on a form provided by the department of planning; Ordinance No. 1976 Page 17 C. Be accompanied by applicable fees; d. Include reasonable documentation, using forms prepared by the city, and supporting materials that demonstrate how any concessions and/or incentives requested by applicant result in identifiable and actual cost reductions to provide the affordable housing; e. Include reasonable documentation and supporting materials that demonstrate how a requested modification to or waiver of an applicable development standard is needed in order to avoid physically precluding the construction of the proposed project at the densities authorized under this section or with the concessions and/or incentives requested; and f. Include any other documentation or materials required by this section or by the city for the purpose of density bonus, incentives, parking requirements alterations, and/or waivers or any other provision in this section. 2. Review authority. Applications shall be reviewed by the review authority charged to review the applicable development permit application. E. Density bonus standards. Developments eligible for density bonuses as provided in subsection C (Development Eligibility, Bonus Densities, and Incentive Counts) may receive the density bonuses as provided below: 1. No waiver required. The granting of a density bonus shall not require or be interpreted to require the waiver of a local ordinance or provisions of a local ordinance unrelated to development standards. 2. Density calculation. The area of any land required to be dedicated for street or alley purposes may be included as lot area for purposes of calculating the maximum density permitted by the underlying zone in which the project is located. 3. Fractional units. All density bonus calculations shall be rounded up to the next whole number including the base density, restricted affordable units, and the number of affordable units required to be eligible for a density bonus. 4. Minimum number of dwelling units. For the purpose of establishing the minimum number of five dwelling units in a project, the restricted Ordinance No. 1976 Page 18 affordable units shall be included and density bonus units shall be excluded. 5. Other discretionary approval. Approval of density bonus units shall not, in and of itself, trigger other discretionary approvals required by this Code. 6. Other affordable housing subsidies. Approval of density bonus units does not, in and of itself, preclude projects from receipt of other government subsidies for affordable housing. 7. Optional density bonuses. Nothing in this section shall be construed to prohibit the city from granting a density bonus greater than what is described in this section for a development that meets the requirements of this section or from granting a proportionately lower density bonus than what is required by this section for developments that do not meet the requirements of this section. 8. Lesser percentage of density bonus. If elected by the applicant, a lesser percentage of density increase, including, but not limited to, no increase in density, is permissible. 9. Additional Density Bonus. The City Council may approve a density bonus that exceeds the density bonus limitations identified in subsection C by resolution upon making findings that the additional density bonus will assist in accomplishing the goals of the Housing Element of the City of Palm Springs General Plan and Regional Housing Needs Assessment. F. Incentive standards. A development eligible for incentives as provided in P 9 subsection C Eligibility,Eli Bonus Densities and Incentive (Development 9 Y� Counts) may receive incentives or concessions as provided in subsection F.1 (On-Menu Incentives) or F.2 (Off-Menu Incentives). 1. On-menu incentives. The City Council has determined that the on- menu incentives listed below would not have a specific adverse impact. a. Lot coverage. Up to twenty (20) percent increase in lot coverage limits. b. Lot width. Up to twenty (20) percent decrease from a lot width requirement. C. Floor area ratio. In zone districts with a floor area ratio maximum, an increase in the maximum floor area equal to the Ordinance No. 1976 Page 19 floor area of the affordable housing units for the housing development project, up to a thirty-five (35) percent increase in the floor area maximum. d. Height. Up to an eleven (11) foot increase in the allowable height. e. Yard/setback. Up to twenty (20) percent decrease in the required width or depth of any individual yard or setback except along any property line that abuts a property zoned for single-family. 2. Off-menu incentives. An applicant may request an incentive not included in subsection F.1 (On-Menu Incentives), so long as such incentive meets the definition under state law. The review authority will determine whether any such requested off-menu incentive may have a specific, adverse impact. 3. Denial of requested incentive. The reviewing authority may deny a request for an incentive only if it makes a written finding, based on substantial evidence, of any of the following: a. The concession or incentive does not result in identifiable and actual cost reductions, consistent with the definition of "concession" or "incentive," to provide for affordable housing costs, as defined in Health & Safety Section 50052.5, or for rents for the targeted units to be set as specified in subsection I (Covenants). b. The concession or incentive would have a specific, adverse impact upon public health and safety or the physical environment or on any real property that is listed in the California or Palm Springs Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low-income and moderate-income households. C. The concession or incentive would be contrary to state or federal law. 4. Additional Incentives. The City Council may approve incentives in excess of the limitations identified above by resolution upon making findings that the additional incentives will assist in accomplishing the goals of the Housing Element of the City of Palm Springs General Ordinance No. 1976 Page 20 Plan and Regional Housing Needs Assessment. G. Parking requirement alteration standards. 1 . General parking requirement. Developments eligible for density bonuses and/or incentives as provided in subsection C (Development Eligibility, Bonus Densities, and Incentive Counts) must comply with the applicable parking provisions of section 93.06.00 (Off-Street Parking), unless the development qualifies for a parking requirement alteration as provided in subsections G.2 (On- Menu Parking Requirement Alterations) or G.3 (Off-Menu Parking Requirement Alterations). 2. On-menu parking requirement alterations. a. For any development eligible for a density bonus. Upon the request of the developer, the city shall not impose a parking requirement, inclusive of handicapped and guest parking, of a development, that exceeds the following requirements: i. For zero (0) to one (1) bedroom, one onsite parking space. ii. For two (2) to three (3) bedrooms, two onsite parking spaces. iii. For four (4) and more bedrooms, two and one-half parking spaces. b. For low or very low income housing near major transit stop. Upon the request of the developer, the city shall not impose a parking requirement, inclusive of handicapped and guest parking, that exceeds one-half parking spaces per bedroom if: i. The development includes the maximum percentage of low or very low income units; and ii. The development is located within one-half mile of a major transit stop; and iii. There is unobstructed access to the major transit stop to the development. C. For senior housing developments with only rentals and transportation. Upon the request of the developer, the city shall not impose a parking requirement, inclusive of Ordinance No. 1976 Page 21 handicapped and guest parking, that exceeds one-half parking spaces per bedroom if: i. The development is a senior housing development; and ii. The development consists solely of rental units, excluding a manager's unit or units, at a housing cost affordable to low income families; and iii. The development shall have either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day. d. Special needs housing development with only rentals and transportation. Upon the request of the developer, the city shall not impose a parking requirement, inclusive of handicapped and guest parking, that exceeds 0.3 parking spaces per bedroom if: i. The development is a special needs housing development; and ii. The development consists solely of rental units, excluding a manager's unit or units, at a housing cost affordable to low income families; and iii. The development shall have either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day. e. No change to incentive count. A request pursuant to these on- menu parking requirement alterations shall neither reduce nor increase the number of incentives to which the applicant is entitled pursuant to subsections C (Development Eligibility, Bonus Densities, and Incentive Counts) or F (Incentives Standards). 3. Off-menu parking requirement alterations. An applicant may request parking requirement alterations beyond those provided in subsection G.2 (On-Menu Parking Requirement Alterations) as an incentive pursuant to C (Development Eligibility, Bonus Densities, and Incentive Counts) or F (Incentives Standards). Ordinance No. 1976 Page 22 4. Optional parking requirement alterations. This section does not preclude the city from reducing or eliminating a parking requirement for development projects of any type in any location. 5. Provision of parking. If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this section, a development may provide onsite parking through tandem parking or uncovered parking, but not through on-street parking. 6. Parking study. Notwithstanding the parking requirement alterations available in subsections G.2 (On-Menu Parking Requirement Alterations) and G.3 (Off-Menu Parking Requirement Alterations), if the city or an independent consultant has conducted an area-wide or jurisdiction-wide parking study in the last seven years from the date of the application described in subsection D.1 (Application), then the city may impose a higher parking requirement not to exceed the requirement described in subsection G.2.a (For Any Development), based upon substantial evidence found in the parking study, that includes, but is not limited to, an analysis of parking availability, differing levels of transit access, walkability access to transit services, the potential for shared parking, the effect of parking requirements on the cost of market-rate and subsidized developments, and the lower rates of car ownership for low and very low income individuals, including seniors and special needs individuals. The City shall pay the costs of any new study. The City shall make findings, based on a parking study completed in conformity with this paragraph, supporting the need for the higher parking requirement. H. Waiver standards. 1. Waivers or reductions. An applicant may apply for a waiver or reduction of development standards that will have the effect of physically precluding the construction of a development identified in subsection C (Development Eligibility, Bonus Densities, and Incentive Counts) at the densities or with the concessions or incentives permitted under this section, and may request a meeting with the city to discuss the proposed waiver or reduction. 2. No Change in other incentives. A proposal for the waiver or reduction of development standards described in subsection H.1 (Waivers or Reductions) shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to this section. Ordinance No. 1976 Page 23 3. Denial of requested waiver. The reviewing authority may deny a request for a waiver under this section if it finds the waiver would: a. Waive or reduce a development standard that would not have the effect of physically precluding the construction of a development meeting the criteria of this section at the densities or with the incentives permitted under this section; or b. Have a specific, adverse impact upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact; or C. Have an adverse impact on any real property that is listed in the California or Palm Springs Register of Historical Resources; or d. Be contrary to state or federal law. I. Covenants. 1. Covenant required. Prior to issuance of a building permit for a development identified in subsection C (Development Eligibility, Bonus Densities, and Incentive Counts) that qualified for a density bonus, incentive, and/or parking alteration, the developer must record a restrictive covenant against the development as provided in subsection 1.2 (Covenants for Specific Developments). 2. Covenants for specific developments. a. For rental developments for low or very low income households. For a development that contains rental housing for low or very low income households, a covenant acceptable to the city shall be recorded with the Riverside County Recorder, guaranteeing that the affordability criteria will be observed for at least fifty-five (55) years from the issuance of the certificate of occupancy or a longer period of time if required by the construction or mortgage financing assistance program, mortgage assistance program, or rental subsidy program. b. For for-sale developments for very low, low, and moderate income households. For a for-sale development that contains housing for initial occupants of very low, low, and/or moderate Ordinance No. 1976 Page 24 incomes, an equity sharing agreement acceptable to the city and consistent with the for-sale requirements of California Government Code Section 65915(c)(2) shall be recorded with Riverside County Recorder. 3. Private right of action. Any covenant described in this section must provide for a private right of enforcement by the city, any tenant, or owner of any building to which a covenant and agreement applies. 4. Conflict of durations. If the duration of affordability covenants provided for in this section conflicts with the duration for any other government requirement, the longest duration shall control. J. State regulations. All other provisions of California Government Code Sections 65915 to 65918, and any amendments thereto, not specified herein are incorporated by reference into this section. SECTION 3. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. SECTION 4. The proposed Zone Text Amendment is not subject to the Califomia Environmental Quality Act (Public Resources Code Section 21000 et seq.) pursuant to Section 15060(c)(2) and 15060(c)(3) of the State Guidelines, because the Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a "project," as that term is defined in Section 15378 of the State Guidelines. SECTION 5. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. Ordinance No. 1976 Page 25 PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 23RD DAY OF JANUARY, 2 ROBE T M N MAYOR ATTEST: AN'fHONY 4. Mtj!f, CITY CLER CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 1976 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on the 9"' day of January, 2019, and adopted at a regular meeting of the City Council held on the 23'd day of January, 2019, by the following vote: AYES: Councilmembers Holstege, Middleton, Roberts, and Mayor Moon NOES: None ABSENT: Mayor Pro Tern Kors ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this 3 t 6' day of 'tea 2csY�1 ANfHONYJ JI CITY CLER