Ordinance No. 1115OZG
ORDINANCE NO. 1115
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, AMENDING THE CYPRESS MUNICIPAL CODE,
APPENDIX I — ZONING, SECTIONS 3.12.020 THROUGH 3.12.070
RELATING TO DENSITY BONUS PROVISIONS TO BE CONSISTENT
WITH CURRENT STATE REQUIREMENTS.
WHEREAS, the Cypress Zoning Ordinance (2004) currently authorizes the
construction of "density bonus units" under the requirements of the California Government
Code as it was then written; and
WHEREAS, the California Legislature amended Government Code Sections
65915 - 65918, through SB1818 (2004) and AB2280 (2008), which enacted significant
changes to the State's density bonus law, thereby rendering previous ordinances written in
compliance with the former California Government Code language out of date; and
WHEREAS, the new legislation requires cities and counties to revise their density
bonus ordinances to bring them into conformance with state mandates; and
WHEREAS, the City Council of the City of Cypress desires to amend the Municipal
Code, Appendix I, Zoning to ensure that such Code is consistent with State Law, as
amended; and
WHEREAS, Housing Program 16 of the 2008 -2014 Housing Element of the
Cypress General Plan stipulates that the density bonus provisions of the Cypress Zoning
Ordinance will be amended to reflect current State requirements; and
WHEREAS, the City Council determines that adoption of this Ordinance is
consistent with the goals, policies, and objectives of the 2001 Cypress General Plan, as
amended, as well as the 2008 Housing Element Update; and
WHEREAS, in accordance with Section 15061(b)(3) of the California Environmental
Quality Act (CEQA) guidelines, this action is exempt from CEQA provisions. Development
projects subject to the amended provisions would be individually analyzed for CEQA
compliance on a project by project basis; and
WHEREAS, the City Council hereby finds that the proposed Zoning Ordinance
Amendment No. 2009 -04 would not adversely affect the public health, safety or general
welfare; and
WHEREAS, a duly noticed public hearing for consideration of this Zoning
Ordinance Amendment was held by the City Council of the City of Cypress on the 14th day
of December, 2009; and
WHEREAS, the City Council of the City of Cypress considered evidence presented
at the public hearing including a staff report and public testimony; and
WHEREAS, following the public hearing and City Council discussion, a motion was
made to approve Zoning Ordinance Amendment No. 2009 -04 as proposed and stipulated
herein.
NOW, THEREFORE, the City Council of the City of Cypress toes HEREBY
ORDAIN as follows (new text shown in bold, and deleted text shown in stFikeeu+t):
Section 1: The Cypress Zoning Ordinance Section 12. Density Bonus, Subsection
3.12.010, Purpose, is hereby amended by the addition of a new subsection, C, State
Density Bonus Law, to read, in its entirety, as follows:
"C. State Law. The provisions of California Government Code Sections
65915 -65918 pertaining to density bonuses and other incentives are
hereby adopted, as amended from time to time, as part of this
subsection. "
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Section 2: The Cypress Zoning Ordinance Section 12. Density Bonus, Subsection
3.12.020, Definitions, is hereby amended to add the definition for Child Care Facility, in its
entirety, as follows:
"Child Care Facility. A child care facility other than a family day care home,
including but not limited to, infant centers, preschools, extended day care
facilities, and school age child care centers;"
Section 3: The Cypress Zoning Ordinance Section 12. Density Bonus, Subsection
3.12.020, Definitions is hereby amended to add the definition for Density to read, in its
entirety, as follows:
"Density. The number of housing units net per acre, unless otherwise stated,
for residential uses;"
Section 4: The Cypress Zoning Ordinance Section 12. Density Bonus, Subsection
3.12.020, Definitions is hereby amended to modify the definition for Density Bonus to read,
in its entirety, as follows:
"Density Bonus. AR A density increase above over the otherwise applicable
maximum allowable density for the general plan land use designation and zoning
for the site of the proposed development as of the date of application by the
applicant to the City.
. The amount of density bonus to which
the applicant is entitled shall vary according to the amount by which the
percentage of affordable housing units meet or exceed the percentages
established in California Government Code Section 65915;"
Section 5: The Cypress Zoning Ordinance Section 12. Density Bonus, Subsection
3.12.020, Definitions is hereby amended to add the definition for Development Standard to
read, in its entirety, as follows:
"Development Standard. A site or construction condition including, but not
limited to, a height limitation, a setback requirement, a floor area ratio, an on-
site open space requirement, or a parking ratio that applies to a residential
development pursuant to any ordinance, general plan element, specific plan,
charter, or other local condition, law, policy, resolution, or regulation;"
Section 6: The Cypress Zoning Ordinance Section 12. Density Bonus, Subsection
3.12.020, Definitions is hereby amended to add the definition for Maximum Allowable
Residential Density to read, in its entirety, as follows:
"Maximum Allowable Residential Density. The density allowed under the
zoning ordinance and land use element of the general plan;"
Section 7: The Cypress Zoning Ordinance Section 12. Density Bonus, Subsection
3.12.040.A, Incentives and Concessions is hereby amended to read, in -part, as follows:
"A. Incentives and Concessions. In addition to granting the density bonus for
a qualifying project in compliance with this section, the city shall grant at
least one (1) to three (3) incentive(s) or concession(s) for each project,
depending on the percentages of affordable units that the developer
provides as set forth in Government Code Section 65915, subsection
(d), as follows:"
Section 8: The Cypress Zoning Ordinance Section 12. Density Bonus, Subsection
3.12.040.B, Additional Density Bonus is hereby amended to read, in its entirety, as
follows:
"B. Additional density bonus.
and at loact ono additional incontivo
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discretion grant more than ono doncity bonus for tho projoct. An
applicant shall be eligible for an increased density bonus for a
housing development that includes a donation of land and /or a child
care facility, subject to the conditions and provisions set forth in
Government Code Section 65915, subsections (g)and (h),
respectively."
Section 9: The Cypress Zoning Ordinance Section 12. Density Bonus, Subsection
3.12.040, City Incentives to Encourage Participation is hereby amended by adding
subparagraph C to read, in its entirety, as follows:
"C. Vehicle Parking Ratio. In accordance with Government Code Section
65915, subsection (p), the following minimum vehicle parking ratios
shall be applied to qualifying density bonus projects. Upon the
request of the developer, the City shall allow the following vehicle
parking ratios, inclusive of handicapped and guest parking, of a
development meeting the criteria for a density bonus as set forth in
this ordinance:
1. Zero (0) to one (1) bedroom: one (1) onsite parking space.
2. Two (2) to three (3) bedrooms: two (2) onsite parking stalls.
3. Four (4) or more bedrooms: two and one half (21/2) parking
spaces.
4. A density bonus development may provide onsite parking
through tandem parking or uncovered parking, but not through
onstreet parking.
5. An applicant may request parking incentives or concessions
beyond those provided in this subsection."
Section 10: The Cypress Zoning Ordinance Section 12. Density Bonus, Subsection
3.12.050.A, Number of Affordable Units is hereby amended to read, in its entirety, as
follows:
"A. Number of affordable units. An applicant may request a density bonus
whenever an applicant agrees to construct a rental project with that will
contain one (1) of the following:
1. Twenty (20) Ten (10) per cent or more of the units set aside for
occupancy by lower income individuals and families; or
2. Ten (10) Five (5) per cent or more of the units set aside for occupancy
by very low income individuals and families; or
3.
A senior citizen housing development as defined in Civil Code suction
51.2 Sections 51.3 and 51.12, or mobilehome park that limits
residency based on age requirements for housing for older persons
pursuant to Section 798.76 or 799.5 of the Civil Code."
Section 11: The Cypress Zoning Ordinance Section 12. Density Bonus, Subsection
3.12.050.B.5, Time Periods for Affordability Restrictions is hereby amended to read, in its
entirety, as follows:
"5. Time periods for affordability restrictions. Units set aside for lower
income individuals and families (the affordable units) shall be affordable at
affordable rents as defined in subsection 3.12.020 (Definitions -- Affordable
rent) for a period of at least thirty (30) years. However, if the city, in
i.n complianco with subsoction 3.12.040 (City
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Section 12: The Cypress Zoning Ordinance Section 12. Density Bonus, Subsection
3.12.060.A, Number of Affordable Units is hereby amended to read, in its entirety, as
follows:
"A. Number of affordable units. An applicant may request a density bonus
whenever an applicant agrees to construct a rental project with that will
contain one (1) of the following:
1. Twenty (20} Ten (10) per cent or more of the units set aside for
occupancy by lower income individuals and families; or
2. Ten (10) Five (5) per cent or more of the units set aside for occupancy
by very low income individuals and families; or
3.
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A senior citizen housing development as defined in Civil Code sestien
51.2 Sections 51.3 and 51.12, or mobilehome park that limits
residency based on age requirements for housing for older persons
pursuant to Section 798.76 or 799.5 of the Civil Code.
4. Ten (10) percent of the total dwelling units in a common interest
development as defined in Section 1351 of the Civil Code for persons
and families of moderate income, as defined in Section 50093 of the
Health and Safety Code, provided that all units in the development
are offered to the public for purchase."
Section 13: The Cypress Zoning Ordinance Section 12. Density Bonus, Subsection
3.12.060.B.5, Time Periods for Affordability Restrictions is hereby amended to read, in its
entirety, as follows:
"5. Time periods for affordability restrictions. Units set aside for lower
income individuals and families (the affordable units) shall be affordable at
affordable rents as defined in subsection 3.12.020 (Definitions -- Affordable
rent) for a period of at least thirty (30) years. Howevor, if the city, in
participation) above, the city and tho applicant may agroo to limit tho
Section 14: The Cypress Zoning Ordinance Section 12. Density Bonus, Subsection
3.12.060.D, Resale of Affordable Units — Ten Year Period is hereby amended to read, in
its entirety, as follows:
"D. Resale of Affordable Units — Ten -Year Period. Refer to the resale
requirements for thirty -year period, as described in the following
subsection E.
purchaser and the City during tho ton yoar poriod. In addition to tho
subjoct to the same restrictions as in subparagraph C.1. above. Upon
and shall charo in tho procoods of tho Salo to tho dogroo that tho city&
contribution represented to the purchase price by the homoownor. In
to the -hems.
. Lien for performance of affordability requirements. The reserved
of the period during which tho affordable unit(s) is /are to remain
affordablo. "
Section 15: The Cypress Zoning Ordinance Section 12. Density Bonus, Subsection
3.12.060.E, Resale of Affordable Units is hereby amended to read, in its entirety, as
follows:
"E. Resale of Affordable Units — Thirty -Year Period. The City shall enforce
an equity- sharing agreement, unless it is in conflict with the
requirements of another public funding source or law. The following
shall apply to the equity- sharing agreement:
1. Division of sale procoods roquirod whon rosalo occurc boforo
resale: The City's initial subsidy shall be equal to the fair market
value of the home at the time of initial sale minus the initial sale price
to the moderate - income household, plus the amount of any
downpayment assistance or mortgage assistance. If upon resale the
market value is lower than the initial market value, then the value at
the time of the resale shall be used as the initial market value.
rosale of an affordable unit during the thirty yoar poriod shall bo used
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Upon resale, the seller
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of the unit shall retain the value of any improvements, the
downpayment, and the seller's proportionate share of appreciation.
The City shall recapture any initial subsidy, as defined in
subparagraph 2 herein, and its proportionate share of appreciation,
as defined in subparagraph 3 herein, which amount shall be used
within five (5) years for any of the purposes described in subdivision
(e) of Section 33334.2 of the Health and Safety Code that promote
home ownership.
reserved retainod proceeds obtainod by tho city in compliance with
subject to the same rostrictions as in subparagraph D.1. above. Upon
and shall sharo in tho procoods of tho salo to tho dogroo that tho city's
contribution represented to the purchaso price by tho homoowner. In
The City's proportionate share of appreciation shall be
equal to the ratio of the City's initial subsidy to the fair market value
of the home at the time of initial sale.
4. Lien for performance of affordability requirements. The reserved
retained proceeds shall constitute the City's security for performance of
the affordability requirements and shall be in the nature of a lien on the
affordable unit(s). The lien shall be released by the payment to the city by
the property owner of the reserved retained proceeds or by the termination
of the period during which the affordable unit(s) is /are to remain
affordable. "
Section 16: The Cypress Zoning Ordinance Section 12. Density Bonus, Subsection
3.12.060.F, Right of Planning Agency to Disapprove additional incentive or concession
is hereby amended to read, in its entirety, as follows:
"F. Right of planning agency to disapprove additional incentive or concession.
t boing producod at tho roducod cost, tho
rent) above. In accordance with the provisions set forth in
Government Code Section 65915, subsections (d) and (e), the City
shall not be required to grant an incentive or concession that would
have a specific adverse impact, as defined in paragraph (2) of
subdivision (d) of Section 65589.5 of the Government Code, upon
health, safety, or the physical environment, and for which there is no
feasible method to satisfactorily mitigate or avoid the specific
adverse impact."
Section 17: Severability. The City Council declares that, should any provision,
section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by
any final court action in a court of competent jurisdiction, or by reason of any preemptive
legislation, the remaining provisions, sections, paragraphs, sentences and words of this
Ordinance shall remain in full force and effect.
Section 18: The City Clerk of the City of Cypress shall certify to the passage and
adoption of this Ordinance and the same shall be posted as required by law and shall take
effect as provided by law.
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FIRST READ at a regular meeting of the City Council of said City on the 14th day of
December, 2009 and finally adopted and order posted a regular meeting held on the
11th day of January, 2010.
• 3\30%A.Gtot.A.-- MO
MAYOR OF THE CITY OF CYPRESS
ATTEST:
%Lux
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, DENISE BASHAM, City Clerk of the City of Cypress, DO HEREBY CERTIFY
that the foregoing Ordinance was duly adopted at a regular meeting of the said City
Council held on the 11th day of January, 2010, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Luebben, Mills, Seymore, Bailey, and Narain
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
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62_1'1
CITY CLERK OF THE CITY OF CYPRESS