Affordable Housing Density Bonus How it will affect our communities

Transcription

1 Affordable Housing Density Bonus How it will affect our communities

2 The 30-foot height limit in the Coastal Zone is available as a concession 1. The Coastal Commission requires conformance only to the extent necessary to achieve the basic goals of the Coastal Act. 2. A 30-foot height limit is not a basic goal of the Coastal Act. 3. The granting of a density bonus does not require a local coastal plan amendment.

3 Concessions cannot be processed separately. 1. The City has a Consolidation Ordinance. 2. CEQA must address the entire project.

4 Environmentally Sensitive Lands Regulations are not development standards. 1. The City wants the power to grant deviations from the Environmentally Sensitive Lands Regulations as concessions. 2. This would be done through an economically viable use determination.

5 State Laws Involved 1. Density Bonus Act 2. Coastal Act 3. CEQA

6 1 - State Density Bonus Law mandates cities to: 1. Provide, upon request, a density bonus to any housing development that includes very low, low or moderate-income housing. 2. Grant deviations from their usual development standards in order to enable a developer to achieve its density bonus entitlement. 3. Adopt ordinances specifying how local compliance will be implemented.

7 2 - The Coastal Act Basic Goals 1. Protect the overall quality of the coastal zone environment. 2. Ensure orderly, balanced utilization and conservation of coastal zone resources. 3. Maximize public access to the coastal area. 4. Assure priority for coastal-dependent and coastal-related development. 5. Coordinate State and local planning for mutually beneficial uses.

8 3 - CEQA California Environmental Quality Act 1. Maintains a quality environment for all the people of the state. 2. Regulates the activities of private individuals, corporations, and public agencies to prevent environmental damage. 3. Controls environmental pollution. 4. Enhances environmental quality. 5. Identifies critical health and safety thresholds.

9 Definitions 1. Density Bonus 2. Development Standard 3. Concession 4. Process flow-chart 5. Ministerial Process 6. Income Levels 7. State Requirements vs. City Proposal 8. Coastal Zone 9. Local Coastal Program 10. Findings 11. Environmentally Sensitive Lands 12. Sensitive Biological Resources

10 1 - Density Bonus The number of units permitted over the otherwise maximum allowable under the applicable zoning ordinance and land use elements of the general plan.

11 2 - Development Standard Site or construction conditions that apply to a residential development pursuant to any ordinance, general plan element, specific plan, charter amendment, or other local condition, law, policy, resolution, or regulation.

12 3 - Concession A reduction in site development standards or a modification of zoning code requirements or architectural design requirements, that exceed the minimum State Building Standards.

13 4 - Decision Processes

14 5 -Ministerial Process 1. An application for a permit, map, or other matter approved by a staff person designated by the Mayor. 2. No public hearing. 3. CEQA does not apply.

15 6 - Income levels 1. Very low: not exceeding 50% of the median. 2. Low: exceeding 50%, not exceeding 80% of the median. 3. Moderate: exceeding 80%, not exceeding 120% of the median.

16 7 - State Requirements vs. City Proposal

17 8 - Coastal Zone La Jolla Copyright Katheryn Rhodes

18 8 - Coastal Zone Point Loma Copyright Katheryn Rhodes

19 9 - Local Coastal Program 1. Authority to issue a coastal development permit is delegated to a local government when it adopts a coastal land use plan that is certified by the Coastal Commission. 2. This plan must meet the requirements of and implement the provisions and policies of the Coastal Act at local level.

20 10 - Findings Determinations based upon a statement or set of statements of factual evidence that are used as the criteria for making a decision on a discretionary action.

21 11 - Environmentally Sensitive Lands Land containing steep hillsides, sensitive biological resources, coastal beaches, sensitive coastal bluffs, or special flood hazard areas.

22 12 - Sensitive Biological Resources 1. Wetlands. 2. Lands in the City of San Diego Multiple Species Conservation Program Preserve. 3. Lands supporting endangered species or subspecies. 4. Lands containing habitats with Narrow Endemic Species. 5. Lands containing habitats of species listed in the Biology Guidelines in the Land Development Manual.