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01-19-2010 -TO: Andrew G. Pasmant, City Manager and City, Council FROM Susan Rush Assistant City Clerk City of West Covina Memorandum AGENDA. ITEM NO. D-3b DATE: January 19, 2010 SUBJECT: ORDINANCE FOR ADOPTION ORDINANCE AMENDING CHAPTER 26 (ZONING) RELATED TO LOW AND MODERATE -INCOME AND SENIOR HOUSING AND DENSITY BONUSES (CODE AMENDMENT NO.09-03) RECOMMENDATION: It is recommended that the City Council adopt the following ordinance: ORDINANCE NO. Z 0 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATED TO LOW AND MODERATE INCOME AND SENIOR HOUSING AND DENSITY BONUSES (CODE AMENDMENT NO.09-03) DISCUSSION: This ordinance. was introduced at the. City Council :meeting of December 15, 2009. The ordinance will modify a section of the municipal code in order to increase the level of density bonuses that may be granted. The ordinance will become effective 30 days after adoption on February 18, 2010. FISCAL IMPACT: There is no fiscal impact with the adoption of an ordinance except for minor costs associated with updating the municipal code books. �Q�Grcci Prepare y Margaret Garcia Approved b Susan Rush Deputypit, Clerk Assistant City Clerk Attachment: 1. Ordinance 2. December 15, 2009 Staff Report Item #F-2 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATED TO LOW AND MODERATE -INCOME AND SENIOR HOUSING AND DENSITY BONUSES (CODE AMENDMENT NO.09-03) WHEREAS, Code Amendment No. 09-03 is a City -initiated code amendment regarding density bonus standards allowed in the Low- and Moderate -Income and Senior Citizen Housing; and WHEREAS, the Planning Commission, on the l It" day of August, 2009, conduct a study session and initiate, the code amendment; and WHEREAS, the Planning Commission, upon giving required notice, did on the loth day of November, 2009, conduct a duly advertised public hearing as prescribed by law, at which time the Planning Commission adopted Resolution No. 09-5341 recommending to the City Council approval of Code Amendment No. 09-03; and WHEREAS, the City Council considered , evidence presented by the Planning Commission, Planning Department, and other interested parties at a duly advertised public hearing on the 15th day of December, 2009; and WHEREAS, studies and investigations made by this Council and in its behalf reveal the following facts: 1. The City of West Covina currently allows for mandatory and discretionary density bonuses in relation to low and moderate -income and senior housing. 2. The Zoning Code limits the discretionary density bonuses to a maximum of 160 percent, thereby limiting the maximum density allowed to 52 units per acre in the "MF-20" Zone. 3. Due to the need for low- and moderate -income and senior housing the discretionary density bonus should be increased. 4. The proposed action is considered to be exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the C.EQA Guidelines, in that the proposed action consists of a code amendment, which does not have the potential for causing a significant effect on the. environment. NOW THEREFORE, the City Council of the City of West Covina does resolve as follows: SECTION NO. 1: Based on the evidence presented and the findings set forth, Code Amendment No. 09-03 is hereby found to be consistent with the West Covina General Plan and implementation thereof. SECTION NO. 2: The proposed action is considered to be exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that the proposed action consists of a code amendment, which does not have the potential for causing a significant effect on the environment. SECTION NO. 3: The City Council of the City of West Covina hereby amends Chapter 26 (Zoning) of the West Covina Municipal Code to read as shown on Exhibit "A". SECTION NO.4: The City Clerk shall certify to the passage of this Ordinance and shall be published as required by law. Ordinance No. • Code. Amendment No. 09-03 December 15, 2009 - Pam APPROVED AND ADOPTED on this _ day of , Mayor Shelly Sanderson ATTEST: City Clerk Laurie Carrico I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the day of That thereafter said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of , by the following vote: AYES: NOES: ABSENT: ABSTAIN: City Clerk Laurie Carrico APPROVED AS TO FORM: EXHIBIT A Section 26-678.2 Discretionary density bonus (c) A density bonus of greater than twenty-five (25) percent above the otherwise allowable density, but in no case greater than one hundred (100) percent, may be granted at the city's discretion to applicants that agree to provide the following types of housing, provided said housing developments comply with all other provisions of this division. . (1) Greater than ten (10) percent of the total dwelling units reserved for and affordable to very low-income households; or . . (2) Greater than twenty (20) percent of total dwelling units reserved for and affordable to lower -income households; or (3) Greater than fifty (50) percent of the total dwelling units reserved for qualifying residents (senior citizens); or (4) Any combination of dwelling units, meeting or exceeding the minimum percentages specified in section 26-678.1, reserved for and affordable to very low-income households, reserved for and affordable to lower -income households, and reserved for qualifying residents (senior citizens). ,(d) A density bonus of greater than twenty-five (25) percent above the otherwise allowable density, but in no case greater than two hundred (200) percent, may be granted at the city's discretion to applicants that'agree to provide any combination of dwelling units where all of the units are reserved for and affordable to very low-income households and/or lower -income households. Ord. Low/Moderate-Income Senior Housing Code Amendment No. 09-03 City of West Covina Memorandum Wel Andrew G. Pasmant, City Manager and City Council . FROM: Jeff Anderson, Acting City Planner SUBJECT: CODE AMENDMENT NO.09-03 DENSITY BONUSES RECOMMENDATION: AGENDA ITEM NO.—� DATE December 15, 2009 The Planning Commission and staff recommend that the City Council introduce the following ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATED TO LOW AND MODERATE -INCOME AND SENIOR HOUSING AND DENSITY BONUSES (CODE AMENDMENT NO.09-03) BACKGROUND: On June 16, 2009, Tom Corley, representing, Pacific Development and TELACU, submitted entitlement applications to the Planning Department to construct a 65-unit senior affordable housing complex at 1838 E. Workman Avenue. The proposal to construct 65 housing units on a 1.10-acre site equates to a density of 59.1 units per acre. The City Council reviewed the Owner Participation Agreement on May 5, 2009, at which time the . number of units and density was considered. The proposal included an application for a conditional use permit to approve a density bonus to allow the higher density. Low- and moderate -income and senior citizen housing regulations are located in Chapter 26, Article XII, Division 6 (Low- and Moderate -Income and Senior Citizen Housing) of the West Covina Municipal Code. The purpose of this section is to encourage the . development of affordable and/or senior housing. Currently, the low and moderate -income and senior citizen housing section allows for mandatory and discretionary density bonuses. The proposed code amendment is to modify the allowed discretionary density bonus. The City's current density bonus regulations permit a density bonus to be granted up to a maximum of 52 units per acre.. In order to consider the approval of the proposed project; the zoning regulations regarding density bonuses need to be amended to increase the level of density bonus that may be granted. DISCUSSION: The discretionary density bonus allows for density increases greater than 25 percent and up to 160 percent of the allowed density of the designated zoning. For example, if the zoning allows for a density of 20 units per acre, the present code allows for an increase of up to 52 units per acre (20 x 2.6). This density bonus is not automatic; it requires the approval of a conditional use permit by the Planning Commission. In order to be eligible for a density bonus of up to 100 percent, the developer must provide one or more of the following types of housing: (1) Greater than ten (10) percent of the total dwelling units reserved for and affordable to very low-income households; or (2) Greater than twenty (20) percent of total dwelling units reserved for and affordable to lower -income households; or (3) Greater than fifty (50) percent of the total dwelling, units reserved for qualifying residents (senior citizens); or (4) In no case greater than one hundred sixty (160) percent for housing developments with any combination of dwelling units reserved for and affordable to very low-income ZACase Files\CODE AMEND\2009\09-03 Density Bonus Senior Housing\CC\CC Staff Report.doc Code Amendment No. 09-03 . • Senior Housing Density Bonuses December 15, 2009 - Page 2 ,., households, reserved for and affordable to lower -income households, and reserved for qualifying residents meeting or exceeding the minimum percentages specified in section 26-678.1 (of the West Covina Municipal Code). The code therefore allows for a 100 ,percent density bonus for the first three categories of development, and a 160 percent density bonus for the fourth category. Tom Corley of Pacific Development requested the initiation of a code amendment to the density bonus standard. The .Planning Commission initiated that code amendment on August 11, 2009. The proposed code amendment would allow a discretionary density bonus of up to 200 percent. Exhibit "A" of the Resolution details the proposed text change to the West Covina Municipal Code. The proposed code amendment would allow for a density bonus of 200 percent, but only in cases where all the units in the project are reserved. for low income and very low-income households. Development projects where only a portion of the units are reserved for low or very low income households would. continue being limited to requesting a maximum .100 percent density bonus: PLANNING COMMISSION DISCUSSION AND RECOMMENDATION: The Planning Commission considered this matter on November 10, 2009. The Commission voted 5-0 to recommend approval of the proposed code amendment to the City Council. The Commission discussed the proposed changes and that the proposed density bonus of 200 percent would only apply to when all of the units were reserved, for low- to moderate -income households. FISCAL IMPACT: The proposed Code Amendment would not have any direct fiscal .�/' , Prep y: Jeff Anderson Review d/A Acting City Planner Attachments: Attachment 1 — Draft Code Amendment Ordinance Attachment 2 — Planning Commission Resolution No. 09-5341 Attachment 3 — Planning Commission Staff Report, November 10, 2009 Attachment 4 — Planning Commission Minutes, November 10, 2009 to the General Fund. (Christopher J. Chung CDC Director Z:\Case Files\CODE AN4END\2009\09-03 Density Bonus Senior Housing\CC\CC Staff Report.doc � ATTACHMENTi* O R D IN AN C E N O. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATED TO LOW AND MODERATE -INCOME AND SENIOR HOUSING AND DENSITY BONUSES (CODE AMENDMENT NO.09-03) WHEREAS, Code Amendment No. 09-03 is a City -initiated code amendment regarding density bonus standards allowed in the Low- and Moderate -Income and Senior Citizen Housing; and WHEREAS, the Planning Commission, on the I Vh day of August, 2009, conduct a study session and initiate the code amendment; and WHEREAS, the Planning Commission; upon giving required notice, did on the 10�' day of November, 2009, conduct a duly advertised public hearing as prescribed by law, at which time the Planning Commission adopted Resolution No. 09-5341 recommending to the City Council approval of Code Amendment No. 09-03; and WHEREAS, the City Council considered evidence presented by the Planning Commission, Planning Department, and other interested parties at a duly advertised public hearing on the 15t` day of December, 2009; and WHEREAS, studies and investigations made, by this Council and in its behalf reveal the following facts: 1. The City of West Covina currently allows for mandatory and' discretionary density bonuses in relation to low and moderate -income and senior housing. 2. The Zoning Code limits the discretionary density bonuses to a maximum of 160 percent, thereby limiting the maximum density allowed to 52 units per acre in the "MF-20" Zone. 3. Due to the need for low- and moderate -income and senior housing the discretionary density bonus should be increased. 4. The proposed action is considered to be exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that the proposed action. consists of a code amendment which does not have the potential for causing a significant effect on the environment. NOW THEREFORE, the City Council of the City of West Covina does resolve as follows: SECTION NO. 1: Based on the evidence presented and the findings set forth, Code Amendment No. 09-03 is hereby found to be consistent with the West Covina General Plan and implementation thereof. SECTION NO. 2: The proposed action is considered to be exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3)-of the CEQA Guidelines, in that the proposed action consists of a ` code amendment, which does not have the potential for causing a significant effect.on the environment. SECTION NO.3: The City Council of the City of West Covina hereby amends Chapter 26 (Zoning) of the West Covina Municipal Code to read as shown on Exhibit "A". . SECTION NO.4: The City Clerk shall certify to the passage of this Ordinance and shall be published as required by law. ZACase Files\CODE AMEND\2009\09-03 Density Bonus Senior Housing\CC\Ordinance.doc Ordinance No. • Code Amendment No. 09-03 December 15: 2009 - Page 2 PASSED AND APPROVED on this 15'h day of December, 2009. Mayor ATTEST: City Clerk i i STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF WEST COVINA ) I, Laurie Carrico, City Clerk of the City of West Covina, do hereby certify that the foregoing Ordinance No. was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 15a' day, of December, 2009. That, thereafter, said Ordinance was duly adopted and passed_ at a regular meeting of the City Council on the _ day of , 2010. f AYES: NOES: ABSENT: City Clerk APPROVED AS TO FORM: ATTACHMENT 2 PLANNING COMMISSION RESOLUTION NO.09-5341 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF WEST COVINA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF CODE AMENDMENT NO. 09-03, RELATED TO LOW AND MODERATE -INCOME AND SENIOR HOUSING AND DENSITY BONUSES CODE AMENDMENT NO.09-03 GENERAL EXEMPTION APPLICANT: City of West Covina LOCATION: Citywide WHEREAS, on August 11, 2009, the Planning Commission initiated a code amendment regarding density bonus standards allowed in the Low- and Moderate -Income and Senior Citizen Housing; and WHEREAS, the Planning Commission, upon giving the required notice, did on the 10'h day of November, 2009, conduct a duly advertised public hearing as prescribed by law; and WHEREAS, studies and investigations made by this Commission and in its behalf reveal the following facts: 1. The City of West. Covina currently allows for mandatory and discretionary density bonuses in relation to low and moderate -income and senior housing. 2. The Zoning Code limits the discretionary density. bonuses to a maximum of 160 percent, thereby limiting the maximum density allowed to 52 units per acre in the "MF-20" Zone. 3. Due to the need for low- and moderate -income and senior housing the discretionary density bonus should be increased'. 4. The proposed action is considered to be. exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to. Section 15061(b)(3) of the CEQA Guidelines, in that the proposed action consists of a code amendment which does not have the potential for causing a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of West Covina as follows: SECTION NO. 1: Based on the evidence presented and the findings set forth, Code Amendment No. 09-03 is hereby found to be consistent with the West Covina General Plan and the implementation thereof. SECTION NO. 2: Based on the evidence presented and the findings set forth, the Planning Commission of the City of West Covina hereby recommends to the City Council of the City of West Covina that it approves, Code Amendment No. 09-03 to amend Chapter 26 (Zoning) of the West Covina Municipal Code to read as shown on Exhibit "A." SECTION NO.3: The Secretary is instructed to forward a copy of this Resolution to the City Council for their attention in the manner as prescribed by law. ZAResos\2009\09-5341 CA 09-03 Density Bonus Revision.doc • EXHIBIT A Section 26-678.2 Discretionary density bonus (c) A density bonus of greater than twenty-five (25) percent above the otherwise allowable density, but in no case greater than one hundred (100) percent, may be granted at the city's discretion to applicants that agree to provide the following types of housing, provided said housing developments comply with all other provisions of this division. (1) Greater than ten (10) percent of the total dwelling units reserved for and affordable to very low-income households; or (2) Greater than twenty (20) percent of total dwelling units reserved for and affordable to lower -income households; or (3) Greater than fifty (50) percent of the total dwelling units reserved for qualifying residents (senior citizens); or (4) In no ease greater- 4h n developments ..,4 � combination of dwelling units, meeting or exceeding the minimum' percentages specified in section 26-678.1, reserved for and affordable to very low-income households, reserved for and affordable to lower -income households, and reserved for qualifying residents senior citizens), 7� 678.1. (d) A density bonus of greater than twenty-five (25) percent above the otherwise allowable density, but in no case greater than two hundred (200) percent, may be granted at the city's discretion to applicants that agree to provide any combination of dwelling units where all of the units are reserved for and affordable to very low-income households and/or lower -income households. EXHIBIT A Section 26-678.2 Discretionary density bonus (c) A density bonus of greater than twenty-five (25) percent above the otherwise allowable density, but in no case greater than one hundred (100) percent; may be granted at the city's discretion to applicants that agree to provide the following types of housing, provided said housing developments comply with all other provisions of this division. (1) Greater than ten (10) percent of the total dwelling units reserved for and affordable to very low-income households; or (2) Greater than twenty (20) percent of total dwelling units reserved for and affordable to lower -income households; or (3) Greater than fifty (50) percent of the total dwelling units reserved for qualifying, residents (senior citizens); or (4) Tn no ease gfeate,- than one hundred siK4y (60per- ent for- housing aevele .r,..ents v,4t ,,n Any combination of dwelling units, meeting or exceeding the minimum percentages specified in section 26-678.1, reserved for and affordable to very low-income households, reserved for and affordable to lower -income households, and reserved for qualifying residents senior citizens "creentages sppccnicd in seetiv$ 26 678.1-.. (d) A density bonus of greater than twenty-five (25) percent above the otherwise allowable density, but in no case greater than two hundred (200) percent, may be granted at the city's discretion to applicants that agree to provide any combination of dwelling units where all of the units are reserved for and i Planning Commission Resoff n No. 09-5341 Code Amendment No. 09-03 November 10, 2009 - Page 2 I HEREBY CERTIFY, that the foregoing Resolution was adopted by the Planning Commission of the City of West Covina, at a regular meeting held on the 10th day of November, 2009, by the following vote: AYES: Redholtz, Sotelo, Carrico, Sykes, Stewart NOES: None ABSENT: None ABSTAIN: None i l - � I Dave Stewart, Chairman Planning Commission Jeff "rson, AICP, Secretary Planning Commission Z:\Resos\—')009109-5341 CA 09-03 Density Bonus Revision.doc Planning Commission Minutes* Page 4 — November 10, 2009 Motion by Sotelo, seconded by Redholtz, to waive further reading of the body of the resolution and adopt Resolution No. 09-5341, recommending to the City Council approval of Code Amendment No. 09-03. Motion carried 5-0. Chairman Stewart stated that final action regarding this matter would be considered by the City Council at a public hearing tentatively scheduled for December 15, 2009. (4) ZONE CHANGE NO.09-01 CONDITIONAL USE PERMIT NO. 09-04 PRECISE PLAN NO.09-03 MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT APPLICANT: Tom Corley, Pacific Development LOCATION: 1838 East Workman Avenue REQUEST: The project consists of a request for a zone change to change the designation from "Specific Plan No. 22" to "Multiple -Family Residential" (20 dwelling units per acre) (MF-20). A precise plan is requested to construct a three-story senior citizen housing project consisting of 65 one -bedroom apartments. In addition, a conditional use permit is requested to allow consideration of the proposal for affordable senior housing. Chairman Stewart opened the public hearing. Acting City Planner Jeff Anderson presented the staff report. During his presentation, Mr. Anderson told the Commissioners that this request was for a senior"housing project. He also spoke about the history of the property, previous project approvals on the site, and the existing uses for the adjacent properties. In addition, Mr. Anderson reviewed the proposal, including setbacks, Fire Department access, proposed elevations, the location of the proposed parking lot, the number of parking spaces required, architectural treatments and proposed patio. Mr. Anderson also told the Commission that the units would be one -bedroom units appropriate for senior citizens and they would be affordable. Mr. Anderson also stated that the existing utility poles would remain in place, rather than being placed underground. PROPONENT: Michael Lizzaraga, President and CEO of TELACU, said he was present to answer any questions by the Commission. Iry Berman, architect for the project, told the Commission that there are trash and laundry chutes included for each floor of the building. He added that there are also sitting areas and a laundry area provided. OPPONENT: Joanne Wilner spoke to the Commission regarding her concerns with the lack of storage space, the location of the trash bins, and small size of the recreation area provided. Further she expressed her concern that the property would not be able to accommodate the high density proposed, and the high percentage of ground coverage. In addition, she spoke regarding the funding of the project. Chairman Stewart closed the public hearing. There was a discussion by the Commission regarding the high density of the project, the safety of the residents, the request allow the utilities to remain above ground, and the cost to the City of West Covina. Commissioner Redholtz stated his support of the project, saying this location provided many amenities and complied with the General Plan. Commissioners Sotelo and Carrico also expressed their support of the project and agreed with the comments made by Commissioner Redholtz. Commissioner Sykes expressed his concern with the density and safety of the senior citizens living at the location if there were a disaster. He also stated his concern with the utilities not being placed underground and the cost to the .City of West Covina. However, ZAPLANC0M\MINUTES\2009 MINUTES\11.10.09 minutes.doc Planning Commission Minutes Page 3— November 10; 2009 ATTAC H M E N 4 Chairman Stewart opened the public hearing. Acting City Planner Jeff Anderson told the Commission that staff was requesting that this matter be continued to the November 24, 2009 regular meeting. Motion by Sykes, seconded by Carrico, to .continue this item to November 24, 2009 Motion carried 5-0. NEW PUBLIC HEARINGS (3) CODE AMENDMENT NO.09-03 GENERAL EXEMPTION APPLICANT: City of West Covina LOCATION: Citywide REQUEST: The proposed code amendment consists of certain amendments to Chapter 26 (Zoning) of the West Covina Municipal Code related to low and moderate -income and ' senior citizen housing. An applicant for a senior housing project has requested consideration of an .increase in the maximum level of density bonus from 160 percent to 200 percent. Such density bonuses can only be granted to projects proposing low and moderate -income and/or senior citizen housing developments. Chairman Stewart opened the public hearing. Acting City Planner Jeff Anderson presented the staff report. During his presentation, Mr. Anderson told the Commission that adoption of this code amendment would have a positive impact on low- to moderate - income housing by allowing greater density and a discretionary density bonus. PROPONENT: John Schueplein, Joanne Wilner and Chris Chung, Community Development Director, spoke in favor of this code amendment. Mr. Scheuplein said he supported this code amendment because it would make it possible to build another senior housing project next door to the building where he lives. He also stated his belief that seniors need to have comfortable and affordable housing and the area where he lives has many conveniences available. Mr. Chung also urged the Commission to support this code amendment because it would help West Covina meet the. number of low- to moderate -income units mandated by the State of California in the Housing Element. Mrs. Wilner said she was concerned with the .density and the ability to deviate from established code requirements, but was supportive of the senior citizen housing that, would be possible as a result of this code amendment. OPPONENTS: None Chairman Stewart closed the public hearing. There was a discussion by the Commission 'regarding the code amendment. Commissioner Redholtz asked if the discretionary bonus would only be applicable when low- to moderate -income housing is proposed. Staff told the Commission that this was correct. Chairman Stewart agreed this would provide an incentive for developers to build more affordable housing in West Covina. Motion by Sotelo, seconded by Redholtz, to adopt findings as recommended by staff. ZAPLANC0M\MINUTES\2009 MINUTES\1 1. 10.09 minutes.doc Code Amendment No. 09-03 Density Bonus November 10, 2009 - Page 2 of 2 (2) Greater than twenty (20) percent of total dwelling units reserved for and affordable, to lower -income households; or (3) Greater than fifty, (50) percent of the total. dwelling units reserved for qualifying residents (senior citizens); or (4) In no case greater than one hundred sixty (160) percent for housing developments with any combination of dwelling units reserved for and affordable to very low- income households, reserved for and affordable to lower -income households, and reserved for qualifying residents meeting or exceeding the minimum percentages specified in section 26-678.1 (of the West Covina Municipal Code). Tom Corley of Pacific Development requested the initiation of a code amendment to the density bonus standard. The Planning Commission initiated that code amendment on August 11, 2009. The proposed code amendment would allow a discretionary density bonus of up to 200 percent. Exhibit "A" of the Resolution details the proposed text change to the West Covina Municipal Code. The proposed code amendment would allow for a density bonus of 200 percent; but only in cases where all the units in the project are reserved for low income and very low-income households. Development projects where only a portion of the units are reserved for low or very low income households would continue being limited to requesting a maximum 100 percent density. bonus. There are various ways to look at density. Density measures .the number of units that are allowed per acre. Density does not limit .the square footage of each unit. Generally, senior citizen housing units have a smaller unit size than market rate housing. Attachment 1 provides a comparison between a market -rate housing development .and a senior citizen housing project on the same property. VII: STAFF RECOMMENDATION Staff recommends that the Planning Commission adopt a resolution recommending approval of Code Amendment No. 09-03 to the City Council. Je erson A ting City Planner Attachments: Attachment 1 — Density Comparison Attachment 2 — Code Amendment Resolution Attachment 3 - August 11, 2009 Study Session Report Z:\Case Files\CODE AMEND\2009\09-03 Density Bonus Senior Housing\Staff Report.doc AGENDA ITEM NO. C-3 DATE November 10, 2009 PLANNING DEPARTMENT STAFF .REPORT CODE AMENDMENT NO.09-03 GENERAL EXEMPTION APPLICANT: City of West Covina LOCATION: Citywide I. DESCRIPTION OF APPLICATION On August 11, 2009, at the request of Pacific Development/TELACU, the Planning Commission adopted Resolution No., 09-5338 initiating Code Amendment No. 09-03 related to the density bonus standards for senior citizen housing. The initiation of this .code amendment requires that a proposed code amendment be presented to the Planning Commission. The Planning Commission will then make findings and make a recommendation to the City Council. II. STAFF RECOMMENDATION, Staff recommends that the Planning Commission adopt a resolution recommending approval of Code Amendment No. 09-03 to the City Council. III. ENVIRONMENTAL DETERMINATION The proposed. code amendment, is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines in that it consists of a code, amendment, which does not have the potential for causing a significant effect on the environment. IV. BACKGROUND Low- and moderate -income and senior citizen housing regulations are located in Chapter 26, Article XII, Division 6 (Low- and Moderate -Income and Senior Citizen Housing) of the West Covina Municipal Code. The purpose of this section is to provide incentives for the development of affordable and/or senior housing. Currently, the low and moderate - income and senior citizen housing section allows for mandatory and discretionary density bonuses. The proposed code amendment is to modify the allowed discretionary density bonus. The mandatory density bonus is up to 25 percent as required by State law. The discretionary density bonus allows for density increases greater than 25 percent and up to 160 percent of the allowed density of the designated zoning. For example, if the zoning allows for a density of 20 units per acre, the present code allows for an increase of up to 52 units per acre (20 x 2.6). This density bonus is not automatic; it requires the approval of a conditional use permit by the Planning Commission. In order to be eligible for a density bonus, the developer must provide one or more of the following types of housing: (1) Greater than ten (10) percent of the total dwelling units reserved for and affordable to very low-income households; or ZACase Files\CODE AMBND\2009\09-03 Density Bonus Senior Housing\Staff Report.doc