HomeMy WebLinkAbout12-1334 Affordable Housing Overlay
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ORDINANCE NO. 12-1334
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
AMENDING THE HERMOSA BEACH ZONING CODE (MUNICIPAL
CODE, TITLE 17) AND ZONING MAP TO CREATE AN AFFORDABLE
HOUSING OVERLAY ZONE
The City Council of the City of Hermosa Beach does hereby ordain as follows:
SECTION 1. Section 17.26.030 of Title 17 of the Hermosa Beach Municipal Code is
amended by adding the following use category to the alphabetical list of uses to read as follows:
Uses C-1 C-2 C-3 See section
Lower-income multiple-family dwellings - - P 17.42.130
SECTION 2. Section 17.06.010 is amended by adding the Affordable Housing Overlay
Zone to the list of zones as follows:
AH-O Affordable Housing Overlay Zone
SECTION 3. A new Section 17.42.130 Affordable Housing Overlay Zone is added to
Chapter 17.42 of Title 17 of the Hermosa Beach Municipal Code to read as follows:
17.42.130 Affordable Housing Overlay Zone.
A. Purpose and Applicability.
This Affordable Housing Overlay Zone (“AH-O”) is intended to identify sites within
commercial zones where lower-income multiple-family dwellings may be established and
maintained in compliance with this Section. The overlay zone implements General Plan Housing
Element Implementation Program 7(k) by zoning suitable sites within the C-3, SPA-7 and/or
SPA-8 zones that can accommodate at least 16 units per site for lower-income residential use. The
purpose of this overlay zone is to accommodate fifty percent of the City’s Regional Housing Need
Allocation (RHNA) for lower-income households. The overlay zone shall be designated on the
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City’s Zoning Map and shall comprise a minimum of four (4) acres, or less as required to provide
sites to accommodate the Adjusted RHNA.
B. Definitions.
“Adjusted Regional Housing Need Allocation” or “Adjusted RHNA” means the unmet
RHNA after crediting units by income category constructed during the planning period.
“Lower-income” means household income not exceeding eighty percent of the “area (Los
Angeles County) median income” published annually by the California Department of Housing
and Community Development.
“Lower-income multiple-family dwelling” means two-family dwellings and multiple
dwellings, as those terms are defined in this Code, where all dwelling units are affordable to
lower-income households. This definition includes owner-occupied and rental dwelling units.
“Regional Housing Need Allocation” or “RHNA” means the projected housing need by
income category for the planning period ending October 1, 2013 pursuant to Government Code
Section 65583.2(h), adopted by the Southern California Association of Governments in
accordance with Government Code Section 65584, and as set forth in the City’s General Plan
Housing Element.
C. Permitted Uses.
1. Lower-income multiple-family dwellings are permitted in the A-HO subject to the
development standards set forth in this Section.
2. Any land use other than Lower-income multiple-family dwellings that is permitted
in the underlying zoning district under Sections 17.26.030, 17.38.330, and Section 17.38.400 shall
be permitted within the AH-O with approval of a conditional use permit, except that a conditional
use permit shall not be required for the following:
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a. Continuation, modification or change of an existing use in an existing
structure, provided that said modification or change of use does not require a discretionary
planning permit (e.g., precise development plan, parking plan, conditional use permit, or
variance);
b. The residential uses permitted in the SPA-7 zone under Section 17.38.330
and SPA-8 zone under Section 17.38.400, subject to the residential requirements set forth in this
Code for those Specific Plan Areas; and
c. Reconstruction of damaged buildings in accordance with Section 17.52.070.
3. Prior to approval of a conditional use permit or any other discretionary planning
permit for any development other than a Lower-income multiple-family dwelling within the
AH-O, the City shall find that the development will not reduce or eliminate the capacity of sites
within this overlay zone necessary to accommodate the adjusted RHNA for Lower-income
households.
D. Standards.
Lower-income multiple-family dwelling developments in the AH-O shall:
1. Have a minimum density of twenty-five (25) units per acre.
2. Have a maximum density one dwelling unit per 1,320 square feet of lot area (33
units per acre), not including any additional density bonus pursuant to Section 17.42.100.
3. Have a minimum of sixteen (16) units.
4. Be comprised entirely of Lower-income multiple-family dwelling units affordable
to Lower-income households as set forth in subsection E below. Notwithstanding, a mixed-use
development consisting of lower-income multiple family dwelling units and commercial
development may be allowed, provided that the residential portion of the project complies with the
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requirements of this Section, in addition to all other applicable requirements of this Code, and the
commercial portion of the project complies with all applicable requirements for commercial
developments in this Code.
5. Comply with the development and land use standards of Chapter 17.16 and, as
applicable, Chapter 17.22.
6. Receive approval from the Planning Commission of a Precise Development Plan
for design review purposes only. In lieu of the Plan criteria set forth in Section 17.58.030,
17.38.330 or 17.38.400, the standards and considerations for reviewing the design shall be as set
forth in Section 2.36.050(A) through (C).
E. Affordability.
1. Rental units. Prior to issuance of any building permit for a lower-income multiple-
family dwelling in the AH-O, the property owner shall enter into and record in the office of the
Los Angeles County Recorder an affordable housing agreement with the City of Hermosa Beach,
in a form approved by the City, guaranteeing the affordability of the rental units for a period of not
less than forty years. The agreement shall include procedures for verifying and maintaining
compliance with income eligibility requirements.
2. For-sale or owner-occupied units. Prior to issuance of any building permit for a
lower-income multiple-family dwelling in the AH-O, the property owner shall enter into and
record in the office of the Los Angeles County Recorder a covenant in a form approved by the City
restricting future sale prices to levels affordable to lower-income households and including
procedures for verifying and maintaining compliance with income eligibility requirements. All
purchasers of these units shall supply proof of income eligibility to the Community Development
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Director or designee for verification prior to sale and resale. This requirement shall be included in
the recorded covenant.
SECTION 4. The Hermosa Beach Zoning Map is amended by adding the Affordable
Housing Overlay Zone (AH-O) to property designated in Exhibit A attached hereto.
SECTION 5. Pursuant to the Title 14 of the California Code of Regulations, the project
will result in a less than significant impact on the environment for the reasons stated in the
Negative Declaration and Initial Study, a Negative Declaration has been prepared in accordance
with the California Environmental Quality Act, the California Department of Fish and Game has
made a "No Effect Determination" that the project will not impact fish or wildlife or the habitat on
which it depends, the project is consistent with the General Plan and zoning code as stated in the
Negative Declaration, and the Negative Declaration prepared for this project reflects the City’s
independent judgment and analysis. The Notice of Intent to Adopt a Negative Declaration was
advertised in accordance with CEQA Sec. 15070 on February 9, 2012 for a period of at least
twenty (20) days ending on March 10, 2012. The Negative Declaration has been adopted by the
Resolution approving the concurrent amendment to the Housing Element and Land Use Element.
SECTION 6. This Ordinance shall become effective and be in full force and in effect
from and after thirty (30) days of its final passage and adoption.
SECTION 7. Prior to the expiration of fifteen (15) days after the date of its adoption, the
City Clerk shall cause this Ordinance to be published in the Easy Reader, a weekly newspaper of
general circulation published and circulated, in the City of Hermosa Beach in the manner provided
by law.
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SECTION 8. The City Clerk shall certify to the passage and adoption of this Ordinance,
shall enter the same in the book of original Ordinances of said city, and shall make minutes of the
passage and adoption thereof in the records of the proceedings of the City Council at which the
same is passed and adopted.
SECTION 9. Pursuant to the Code of Civil Procedure Section 1094.6, any legal challenge
to the decision City Council must be made within 90 days after the final decision by the City
Council.
PASSED, APPROVED and ADOPTED this 8th day of May, 2012 by the following vote:
AYES: Bobko, DiVirgilio, Fishman, Tucker, Mayor Duclos
NOES: None
ABSENT: None
ABSTAIN: None
______________________________________________________________________________________________
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California
ATTEST: APPROVED AS TO FORM:
_______________________________________________ ________________________________________________
City Clerk City Attorney