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RESOLUTION NO. 2518
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN, CALIFORNIA, RECOMMENDING TO THE TUSTIN CITY
COUNCIL APPROVAL OF A DENSITY BONUS POLICY.
The Planning Commission of the City of Tustin does hereby resolve as
follows:
I. The Planning Commission finds and determines as follows:
A. That it is necessary for the City to establish a policy to
comply with California Planning and Zoning Law, Chapter 4.3,
Sections 65915 through 65918, generally providing that when a
developer of housing agrees to construct at least:
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25% of the units for low or moderate income households; or
10% of the units for lower income households; or
50% of the units for senior citizens;
or to convert apartments to a condominium project of which at
least:
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33% of the total units are for low or moderate income
households; or
15% of the total units are for lower income households;
then the City shall either grant a density bonus or provide
other incentives of equivalent financial value.
B,
That said policy shall comply with the State law, Chapter 4.3 by
either granting a density bonus, providing other incentives of
equivalent financial value or a combination thereof, whichever
is deemed by the City Council to be in the best interests of the
City of Tustin.
C. That the provision of bonus units shall not exempt a project
from complying with all applicable development standards
of the zoning district in which is located.
D. That such development proposals shall be processed in the manner
described herein, with the character of the surrounding
neighborhood.
E. That provision of affordable housing units, shall be assured
through the recordation of a Development Agreement as required
herein.
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Resolution No. 2518
Page two
F. That any incentives of equivalent financial value shall be )
determined and stipulated by the City Council as it deems
reasonable and appropriate to the case, and may include but not
be limited to:
1. Support for participation in County Bond financing program;
2. Waiving planning fees;
3. Waiving building fees;
4. Reducing fees;
5. Deferring payment of fees;
6. Waiving, reducing or deferring other fees (such as a
moni tori ng fee );
7. Subsidizing public improvements;
8. Waiving public ini~rovements;
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Direct financial contributions (such as the use of housing
set-aside funds to buy down price of land); and
10. Expediting processing with regard to both time and costs.
Ge
That when determining financial value, the City may require a
developer to provide and/or fund supporting information such as
an independent appraisal or an analysis of value of an
expeditious processing. In the event of direct financial
contributions by the City, the "affordable" units shall remain
as such for a period of 30 years as stipulated by State and/or
Federal statutes.
He
That all density bonus proposals shall be reviewed according to
the procedures described immediately below'
1. Step One - Preliminary Design Review/ Feasibility
Determination. When a proposal is initiated for a Density
Bonus, the City will use the Design Review process to
determi ne development standards compliance, design
appropriateness (i.e., scale and mass), and overall
feasibility. Where a density bonus is feasible, the bonus
shall be an automatic ten percent (10%) for rental units
and fifteen percent (15%) for ownership units. For
purposes of calculating density and density bonuses for
dwelling units, fractions shall be rounded down throughout
the process in those cases where calculation results in a
fractional number.
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Resolution No. 2518
Page three
The following criteria shall be used to evaluate a project's
eligibility for bonus units beyond the automatic base, up to 25%'
The provision of at least 750, 900 and 1,100 square feet per one,
two and three bedroom dwelling units respectively (larger unit
sizes will diminish the effects of increased density);
b. The provision of at least 54 square feet of private open space,
such as a yard, patio or balcony for each one bedroom unit and
144 square feet for a two or three bedroom unit;
C®
The provision of extra guest parking at the ratio of one
additional space for every four units (over and above required
guest parking);
d,
The provision of on-site recreation amenities such as a pool,
spa, and/or sunning area;
e,
The provision of on-site laundry facilities at the ratio of at
least one washer and one dryer for every ten units;
f. The provision of at least 50 cubic feet of secured storage space
for each unit; and
g. The proposed project will provide Senior Citizen housing.
In all instances, standard zoning requirements shall be met,
regardless of the number of dwelling units in the project (except
possibly Senior housing). A minimum of three (3) criteria shall
be met in order for a density bonus to even be considered beyond
the automatic base of 10% for rentals and 15% for ownership as an
alternative or in combination with offering incentives of
equivalent financial value. Criteria No. 1 for minimum unit
sizes shall be a required criteria.
It shall be up to the discretion of the City Council as to
whether a project will receive bonus units above the automatic
base noted above, up to a 25% density bonus, and the type of any
incentives of equivalent financial value that would be provided,
or a cembination thereof.
2. Step Two - Verification of Section 8 Housing Certificates. In
t~e case of rental units, following the determination from Step
One that "x" number of bonus units are permissible, the developer
shall obtain verification from the Orange County Housing
Authority that the appropriate number of Section 8 Housing
Certificates have been set aside for the subject project.
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Resolution No. 2518
Page four
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step Three - Formal Design Review Submittal. The developer shall
make a formal submittal of plans accompanied by a Letter of
Verification as per Step Two (if applicable) for review and
approval. This review shall be conducted based upon established
Design Review procedures. Any additional discretionary approvals
required for the project would alsc be processed during Step
Three. Conditions of approval for Design Review and/or any
discretionary approval will require the developer/property owner
to enter into a Development Agreement with the City.
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st.e.p Four- Execute Development Agreement. The developer shall
enter into a Development Agreement with the City which shall be
approved by the City Council. The Development Agreement shall
stipulate the following: compliance with a submitted development
plan and all Design Review and other descretionary conditions of
approval, the total number of allowed dwelling units (including
bonus units), the number of units to be set aside as
"affordable", the definition of affordable, the duration of the
agreement (15 year minimum term, 30 years where mandated by State
and/or Federal statute), annual certification of compliance,
requirement for recorded deed restrictions regulating resale of
ownership unit, relief for failure to comply, the requirement for
owner occupancy on ownership units and other information as
determined necessary by the Director of Community Development and
City Attorney's office.
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Step Five - On-Going Monitoring. A Certificate of Compliance to
the Dev'elopment Agreement on an annual basis, as prescribed in
the Development Agreement.
II. The Planning Commission hereby recommends to the City Council approval
of a Density Bonus Policy.
PASS, ED AN_~p ADOPTED at a ~eting of the Planning Commission on the
25th day of July, 1988.
Penni Foley,
Recording Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, PENNI FOLEY, the undersigned, hereby certify that I am the Recording
Secretary of the Planning Commission of the City of Tustin, California; that
Resolution No. ~/~ was duly passed and a~dopted at a r, egu)ar meeting of
the Tustin Planning Commission, held on the ,~.~ day of ~__~yi-~]6~ ,
PENNI FOLEY
Recording Secretary