HomeMy WebLinkAbout94533
ORDINANCE NO.
945
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH
AMENDING DIVISION 9, CHAPTER 2, OF THE UKIAH CITY
ZONING CODE - ADDING SECTION 9253 - DENSITY BONUSES FOR
LOW AND MODERATE INCOME HOUSING PROJECTS
PURPOSE:
Under Government Code Section 65915, the City of Ukiah
must provide a developer with incentives for the
production of housing for low and moderate income
families if the developer agrees to set aside certain
percentages of the total units within a residential
development for very low or low income or elderly
residents. Under Section 65915, the City must adopt an
ordinance to specify the method of providing the
applicable incentives. This ordinance has been
developed to meet this objective.
The City Council of the City of Ukiah does hereby ordain as
follows:
SECTION ONE - Section 9253 is hereby added to read as follows:
Section 9253: DENSITY BONUSES AND OTHER INCENTIVES FOR LOW AND
MODERATE INCOME HOUSING: When a developer of
housing agrees or proposes to construct housing
which complies with the standards of Government
Code Section 65915(b) and (c) as it now reads or
may hereafter be amended, the City shall provide
density bonuses or other incentives, at least,
equal to the density bonus or other incentives
provided in Government Code Section 65915(b) and
(h), unless the City Planning Commission or City
Council makes the written findings provided in
Government Code Section 65915(b). The City may
provide these incentives by one or more of the
following methods:
A. Design and density bonus incentives may be provided by using
the Planned Development (PD) zoning district, regardless of
the property size.
B. A variance authorizing a reduction or waiver of development
standards otherwise prescribed in this Code may be granted
by the City Council upon recommendation of the Planning
Commission utilizing the procedure in Sections 9232 - 9235,
but without the necessity of making the specific findings
otherwise required by Section 9232 A - C.
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The applicant must include specific density bonus and/or
other incentives sought in the initial project application,
and the application shall be processed according to the
procedures contained in Sections 9165 - 9167 (where PD
zoning is sought) or 9232 - 9235 (where a variance is
sought).
SECTION TWO
This ordinance shall be published as required by law in a
newspaper of general circulation published in the City of Ukiah.
SECTION THREE
Upon approval by a 4/5 vote of the City Council, this Ordinance
shall be adopted and become effective immediately as an urgency
measure. The urgency arises from the immediate necessity to
preserve the public peace, health, and safety. The specific
facts constituting the urgency are as follows:
1. There exists in the City of Ukiah a substantial need for
affordable housing for Iow income families. The shortage of
affordable housing for such families forces adults and children
to live in inadequate and possibly unsafe housing which poses an
immediate risk not only to the families themselves but to the
surrounding community.
2. Rural Communities Housing Development Corporation
("RCHDC") has proposed a project to provide single family homes
to iow income families. However, there exists a substantial risk
that the owners of the property which RCHDC proposes to purchase
for this project will sell the property to other buyers, unless,
before an ordinance adopted as a nonurgency measure could become
effective, RCHDC secures the relief from land use restrictions
needed to make the project feasible. Moreover, there exists a
substantial risk that the State Department of Housing and
Community Development will withdraw its approval of the loan from
the Revolving Development Fund for the purchase of this land or
any other land, if the project is not approved before his
ordinance would become effective if adopted as a nonurgency
measure.
3. In order to preserve the RCHDC project and provide
affordable housing to low income families in the City of Ukiah,
it is necessary to adopt this Ordinance as an urgency measure.
INTRODUCED AND ADOPTED this 17th day of
1993, by the following roll call vote:
November
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AYES: Councilmembers Mastin, Malone, Shoemaker and Mayor Schneiter
NOES: None
ABSENT: Councilmember Wattenburger
ABSTAIN:
Fred 'Schneider, Mayor
~TTF~T: ~/~~
C , City C~erk
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November 18, 1993
