Exhibit CC 09-20-2016 Item No. 6 MCA-2016-01 CC HearingMunicipal Code
Amendment
MCA-2016-01
Ordinance No. 16-2149
MCA-2016-01
An Ordinance of the City Council of the City of Cupertino Amending Titles 1 & 19:
Chapter 1.10, to add Section 1.10.055, “Recording Notice of Violations”;
Chapter 19.08, Section 19.08.030 “Definitions”;
Chapter 19.12 Section 19.12.080 “Application Process” and Section 19.12.180 “Expiration, Extension and Revocation”;
Chapter 19.28 Section 19.28.120, “Landscape Requirements”;
Chapter 19.32 Section 19.32.010 “Purpose”;
Repealing and Replacing Chapter 19.56, “Density Bonus”; and
Chapter 19.104 to add Section 19.104.205, “Message Substitution”
Background
Municipal Code is reviewed periodically to
ensure:
Consistency with State Law.
Outcomes of relevant court cases are
addressed.
Existing standards are clarified.
Internal consistency.
State-Law Consistency
Chapter 19.56 –Density Bonus
State Bill provisions incorporated into Chapter
19.56 –Density Bonus:
AB2222
Requires density bonus projects resulting in a loss in
existing affordable housing units, replace those units one-
for-one in last 5 years.
Extends affordability period for rentals from 30 to 55 years
and expands use of equity sharing in for-sale units.
AB744
Reduces parking required for affordable housing projects
that are close to transit or serve individuals who have fewer
cars.
19.08 -Definitions amended for consistency.
Court Case Consistency
Chapter 19.104 -Signs
Chapter defines and regulates ‘Message
Substitution.’
Response to Reed vs. Town of Gilbert.
Prevents favoring of commercial speech over non-
commercial speech.
Prevents favoring of any protected noncommercial
message over any other protected noncommercial
message.
Physical changes to sign not included.
Clarification of Standards
Chapter 1.10 –Administrative Citations, Fines, and
Penalties.
Defines process to record notices of violation.
Chapter 19.12 –Administration
Affirms any approval authority’s ability to impose
conditions/restrictions on permit & review CEQA.
Defines violation of conditions of approval as a violation
of the Code.
Chapter 19.28 –Single-Family Residential Zones
Required front yard trees added to landscape covenant
condition.
Planning Commission Action
Planning Commission reviewed proposed
Ordinance on April 26, 2016 and
recommended approval to the City Council
(5-0).
Recommendation
Conduct the first reading of Ordinance No. 16-2149 “An ordinance of the City Council of the City of Cupertino amending Title 1, Chapter 1.10, to add Section 1.10.055, “Recording Notice of Violations”; amending Title 19, Chapter 19.08, Section 19.08.030 “Definitions”, amending Chapter 19.12 Section 19.12.080 “Application Process” and Section 19.12.180 “Expiration, Extension and Revocation”, amending Chapter 19.28 Section 19.28.120, “Landscape Requirements”, amending Chapter 19.32 Section 19.32.010 “Purpose”, repealing and replacing Chapter 19.56, “Density Bonus”, and amending Chapter 19.104 to add Section 19.104.205, “Message Substitution”; related to permits, procedures, and requirements of the code to conform to law, ensure internal consistency, and provide clarification.
Next Steps
City Council 2nd Reading 10/4/2016
2015 Housing and Community Development (HCD) Maximum Income Limits Per Household
Size
Size 1 2 3 4 5 6
Very Low -Income $37,250 $42,550 $47,850 $53,150 $57,450 $61,700
Low-Income $59,400 $67,900 $76,400 $84,900 $91,650 $98,450
Median $74,400 $85,050 $95,650 $106,300 $114,800 $123,300
Moderate $89,300 $102,050 $114,800 $127,550 $137,750 $147,950
Affordable Housing Calculations
Affordable Housing Costs
Ownership Housing = California Health & Safety Code Section
50052.5)
Moderate-Income = 35% x 110% of Area Median Income (AMI), adjusted for household size.
Rental Housing = California Health & Safety Code Section 50053
Low-Income = 30% x 60% of Area Median Income (AMI), adjusted for household size.
Very Low-Income = 30% x 50% of Area Median Income (AMI), adjusted for household size.
Affordable Income Limits
California Department of Housing and Community Development
(HCD)
Area Median Income (AMI) for Santa Clara County, per household size
Moderate-Income = 100% -120% of AMI
Median-Income = 80% -100% of AMI
Low-Income = 50% -80% of AMI
Very Low-Income = 30% -50% of AMI