The purpose of this chapter is to allow development of affordable housing within the Commercial/Light Industrial zone. The intent is to facilitate the realization of affordable housing objectives presented in the Santa Paula Housing Element of the General Plan.

(Ord. 1242, passed 5-7-12)

   Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter:

(Ord. 1242, passed 5-7-12)

   (A)   This section applies to affordable housing projects that are located in the Commercial/Light Industrial zone.

   (B)   Affordable housing projects to which this section applies include the following:

      (1)   Projects located on vacant sites.

      (2)   Projects located on building sites or within structures that include vacant residential, commercial or industrial uses.

      (3)   Projects where residential uses replace commercial or industrial uses in a pre-existing structure.

   (C)   In all cases, the residential uses must satisfy the regulations in this chapter including, without limitation, the site development standards.

   (D)   Any commercial or industrial uses must comply with the applicable zoning regulations.

(Ord. 1242, passed 5-7-12)

   To be considered a qualified housing development under this chapter, the affordable housing development must meet the following criteria:

   (A)   It must be a rental project.

   (B)   100% of the units must be available for affordable housing (the manager’s unit is exempted).

   (C)   At least 60% of the total number of units must be reserved for low-income households. This percentage may be decreased to 45% if there will be greater than 30% of the total number of units reserved for very-low income households.

   (D)   At least 20% of the total number of units must be reserved for very-low income households.

(Ord. 1242, passed 5-7-12)

   Since the affordability requirements of this chapter are more restrictive than those in State Density Bonus Law, it is assumed that any qualified housing development will also qualify for a density bonus.

(Ord. 1242, passed 5-7-12)

   The Director will review an application received for a site development permit issued in accordance with this chapter and must issue a site development permit within 60 days of deeming the application complete if the Director finds all of the following:

   (A)   The application complies with all applicable law including, without limitation, this chapter;

   (B)   The application complies with the design requirements of this chapter;

   (C)   The application is consistent with the General Plan and this code.

(Ord. 1242, passed 5-7-12)

   (A)   The qualified housing projects allowed by this chapter require a SDP.

   (B)   Applications for a site development permit pursuant to this chapter are subject to an administrative review process. Pursuant to Cal. Gov’t Code § 65583.2(i), such permits do not require discretionary local government review or approval that constitutes a project for purposes Cal. Public Resources Code §§ 21000 et seq.

   (C)   The administrative review process does not include the requirement for a public hearing.

(Ord. 1242, passed 5-7-12)

   Temporary uses identified by this chapter are allowed.

(Ord. 1242, passed 5-7-12)

   The following accessory uses and structures are allowed when customarily associated with, and subordinate to, a permitted residential use on the same development site and when consistent with the approved site development permit for the project.

   (A)   Uses which include:

      (1)   Garages and carports;

      (2)   Fences and walls;

      (3)   Patio covers; and

      (4)   Swimming pools.

   (B)   All signs except roof signs or projecting signs.

   (C)   Noncommercial keeping of pets and animals.

   (D)   Home occupations.

   (E)   Manager’s unit which is exempt from affordability requirements.

   (F)   Child day care facility.

   (G)   Accessory uses and structures which the Director finds consistent with the design of the development project and consistent with the purpose and intent of these regulations.

   (H)   Assembly halls.

(Ord. 1242, passed 5-7-12)

   (A)   If the qualified housing development meets the criteria set forth in Cal. Gov’t Code § 65915 (State Density Bonus Law) and is eligible to receive a density bonus, the applicant may request that the required number of parking spaces set forth in Cal. Gov’t Code § 65915 be applied to the project.

   (B)   Parking space requirements for projects eligible for a density bonus are as follows (inclusive of handicapped and guest parking):

      (1)   Zero to one bedroom: one on-site parking space;

      (2)   Two to three bedrooms: two on-site parking spaces;

      (3)   Four or more bedrooms: two and one-half on-site parking spaces.

      (4)   These parking space requirements are considered an alternative site development standard applied to the project and will not be considered as one of the incentives for which the project may be eligible.

   (C)   In addition to the reduced parking space requirements, applicants with qualified housing developments that qualify for a density bonus are entitled to request from one to three incentives that would result in the reduction of affordable housing costs based upon their level of affordability. The applicant will receive the following incentives or concessions:

      (1)   One incentive or concessions for projects that include at least 10% of the total units for lower income households, at least 5% for very low income households, or at least 10% for persons and families of moderate income in a common interest development.

      (2)   Two incentives or concessions for projects that include at least 20% of the total units for lower income households, at least 10% for very low income households, or at least 20% for persons and families of moderate income in a common interest development.

      (3)   Three incentives or concessions for projects that include at least 30% of the total units for lower income households, at least 15% for very low income households, or at least 30% for persons and families of moderate income in a common interest development.

   (D)   The requested incentives must be granted unless one of the following findings is made:

      (1)   The concession or incentive is not required in order to provide for affordable housing costs, as defined in Cal. Health & Safety Code § 50052.5, or for rents for the targeted units to be set as specified in Cal. Gov’t Code § 65915(c).

      (2)   The concession or incentive would have a specific adverse impact, as defined in Cal. Gov’t Code § 65589.5(d)(2), upon public health and safety or the physical environment or on any real property that is listed in the California 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- and moderate-income households.

   (E)   Applicants may also request additional waivers to development standards. Each waiver, or modification, requested must demonstrate the waiver is necessary to physically accommodate the number of units to which the developer is entitled under Cal. Gov’t Code §§ 65915 et seq.

(Ord. 1242, passed 5-7-12)

   (B)   Child care facilities may be included in the qualified housing development at the discretion of the applicant and are subject to an administrative review process. They do not require a separate use permit. The child care facility would be available only to children who reside in the qualified housing development.

   (C)   The following are the base district site development standards for residential uses and co-located child care facilities in the zones where qualified housing developments can be developed:

      (1)   Twenty percent of the lot is to be open space (10% must contain amenities, 10% must contain landscaping);

      (2)   Front yard setback 20 feet;

      (3)   Rear yard setback 20 feet (single story);

      (4)   Rear yard setback 15 feet (second story or higher); and

      (5)   Building height: 3 stories, maximum 45 feet high.

   (D)   Landscaping must be installed and maintained as required by the city landscape regulations.

(Ord. 1242, passed 5-7-12)

   The following conditions apply to all qualified housing developments:

   (A)   Occupancy standards for each dwelling unit must meet the minimum standards of the 1997 California Uniform Housing Code or the California Employee Housing Act, depending upon which is applicable.

   (B)   Before the city issues a certificate of occupancy, the owner must submit a management plan that provides for on-site property management subject to the Director’s approval.

   (C)   Dwelling units must remain affordable in the original affordability category for a period of not less than 55 years.

   (D)   When determining the maximum affordable rent, the Director must use following HUD guidelines regarding household and unit size assumptions:

 

 

   (E)   A building facade color and materials palette must be submitted for approval by the Director before the city issues any grading or building permit.

(Ord. 1242, passed 5-7-12)

   Applications for a qualified housing development must include a description of the following:

   (A)   A narrative of the purpose and the scope of the qualified housing development.

   (B)   Identification of the neighborhood that will be served by the qualified housing development. A map with boundaries of the qualified housing development must be included.

   (C)   Documentation of neighborhood services (public transportation, schools, shopping, etc.).

   (D)   An explanation regarding how the qualified housing development promotes affordable housing.

   (E)   A discussion regarding any other relevant issues regarding land use.

(Ord. 1242, passed 5-7-12)

   (A)   A written agreement must be executed between the developer and city that specifies the number and type of all affordable housing within a qualified housing development; the formula for determining rental rates of all affordable housing; the method of providing proof of eligibility as a very low, low, or moderate-income household; and such additional information as may be required by the city to determine the developer’s compliance with this chapter.

   (B)   Such an agreement must specify that the required qualified housing development must be reserved for and rented to very low and low-income households. Further, the term of such an agreement must be at least 55 years.

   (C)   The agreement must be in a form approved by the City Attorney, and, upon execution of the agreement, it must be recorded with the Ventura County Recorder’s office.

   (D)   A new deed restriction must be executed and recorded upon each change of ownership to maintain the restrictions on qualified housing development before the term for such restrictions expires.

   (E)   A certificate of occupancy cannot be issued for a project subject to the provisions of this section until after the agreement required by this section is executed.

   (F)   The obligation of the owner to provide for management of the qualified housing development including maintenance. Management must also monitor the use of parking spaces within the qualified housing development to assure that the parking spaces are provided, maintained and used in accordance with the terms of the affordable housing agreement.

   (G)   The obligation of the owner to pay the costs of monitoring the continued affordability of the project by the city. The monitoring program and associated fees will be established by City Council resolution.

(Ord. 1242, passed 5-7-12)

   The Director is authorized to administer this chapter. An applicant may appeal any decision of the Director to the Planning Commission by filing a written notice of appeal with the City Clerk within ten calendar days after notice of the Director’s action has been communicated to the applicant.

(Ord. 1242, passed 5-7-12)