HomeMy WebLinkAboutReso 1985-12122 (c)
RESOLUTION NO. 12122
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING DRAFT RESOLUTION FOR
LEAGUE OF CALIFORNIA CITIES AND ITS SUBMITTAL
TO THE LEAGUE OF CALIFORNIA CITIES
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the City has concerns regarding the language and
content ~of California Government Code Section 65915, which pertains to granting
of density bonuses or other incentives of equivalent value to housing developers
who agree to construct low and moderate-income housing; and,
WHEREAS, the City desires to encourage the League of California
Cities (League) to work for amendment of Government Code Section 65915 to reflect
a greater consideration of the autonomy of cities in the matters of zoning and
land use decisions; and,
WHEREAS, a proposed resolution of the League has been drafted
to be recommended for adoption by the League, a copy of which is attached and
incorporated herein as though fully set forth, which calls for amendment to
Government Code Section 65915 to reflect the City's concerns regarding its auto-
nomy in said matters.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Chula Vista does hereby approve the resolution drafted for League consideration
and its submittal to the League and requests the support of the League for approval
of the suggested amendment by the California State Legislature.
D~vUelGo~mel~nn~r~rCommunity ~Joas d. ~oh, City Attorney
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF'
HULA VISTA, CALIFORNIA, this 6th day o[ AUgust
~ 85 , by the following vote, to-wit:
YES: Councilmembers Malcolm, Scott, Moore, Cox
~YES: Councilmembers None
BSIAIN: C0unci ]members None
3SENT: C0unci )members McCandliss
~ity of Chulo Vista
~ - City Clerk' ~
'ATE OF CALIFORNIA )
)UNTY OF SAN DIEGO ) ss.
ry OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 12122 ,and that the same has not been amendedor repealed.
FED
(seal) City Clerk
-660
RESOLUTION NO.
RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIES
SUPPORTING LEGISLATIVE AMENDMENT OF CALIFORNIA
GOVERNMENT CODE SECTION 65915
The League of California Cities does hereby resolve as follows:
WHEREAS, California Government Code Section 65915 regarding
density bonuses for housing developers does not properly recognize the autonomy
of cities, counties, or cities and counties (jurisdictions) regarding matters
of zoning and land use; and,
WHEREAS, said Government Code Section effectively mandates
jurisdictions to grant density bonuses in certain circumstances rather than
enabling jurisdictions to employ density bonuses as a tool to effect affordable
housing production in certain circumstances as a discretionary act; and,
WHEREAS, said Government Code Section does not clearly indicate
the rights of jurisdictions to establish by local policy the conditions of
affordable housing delivery required by those jurisdictions in exchange for a
requested density bonus or other incentives of equivalent financial value; and,
WHEREAS, a proposed amendment to said Government Code Section
exists which would properly recognize the autonomy of jurisdictions regarding
matters of zoning and land use, said proposed amendment being attached and in-
corporated herein as though fully set forth.
NOW, THEREFORE, BE IT RESOLVED by the League of California
Cities that said proposed amendment to California Government Code Section 65915
be supported by the League for approval by the California State Legislature.
CHAPTER 4.3
Sec.
65915. A§reement with developer; density bonus or other incentives;
preliminary development proposal; number of bonuses permitted.
65916. Direct financial contribution to housing developments through
participation in costs; term of availability.
65917. Density bonuses and other incentives; legislative intent.
65918. Charter cities; application of chapter.
Chapter 4.3 was added by Stats. 1979, c. 1207, p. 4748, § lO,
eff. Oct. 2, 1979
§ 65915. Agreement with developer; density bonus or other incentives;
preliminary development proposal; number of bonuses permitted
When a developer of housing agrees to construct at least 25 percent of the
total units of a housing development for persons and families of low or
moderate income, as defined in Section 50093 of the Health and Safety Code, or
10 percent of the total units of a housing development for lowerincome
households, as defined in Section 50079.5 of the Health and Safety Code, a
city, county, or city and county ~.Q~may either (1) grant a density bonus or
{2) provide other incentives of equivalent financial value.
A developer may submit to a city, county, or city and county a preliminary
proposal for the development of housing pursuant to this section prior to the
submittal of any formal requests for general plan amendments, zoning
amendments, or subdivision map approvals. The city, county, or city and
county ~4~aj~ may, within 90 days of receipt of a written proposal, notify the
housing developer in writing of the manner in which it will comply with this
section. The city, county, or city and county ~Jh~-!-.may establish procedures
for carrying out this section, which ~ha~- may include legislative body
approval of the means of compliance with this section. Conditions for
compliance may include the amount, degree, and duration of housin9
affordability for persons and families of low or moderate income or lower
income households in excess of the requirements of this section at the
discretion of the city, county, or city and county.
For the purposes of this chapter, "density bonus" means a density increase
of at least 25 percent over the otherwise maximum allowable residential
density under the applicable zoning ordinance and land use element of the
general plan. The density bonus shall not be included when determining the
number of housing units which is equal to l0 or 25 percent of the total. The
density bonus shall apply to housing developments consisting of five or more
dwelling units.
If a developer agrees to construct both 25 percent of the total units for
persons and families of low or moderate income and 10 percent of the total
units for lowerincome households, the developer is entitled to only one
density bonus under this section although the city, city and county, or county
may, at its discretion, grant more than one density bonus.
WPC 1220X