Council set to revisit zoning ordinance after court ruling

In the wake of last year’s court ruling invalidating the city’s Vertical Mixed Use 2 ordinance, a proposed remedy is now primed for a public hearing and consideration at Thursday’s City Council meeting.

Council heard a preview of the revised land use ordinance at Tuesday’s work session. The new version – drafted to resemble the intent and provisions under VMU2 – would create a Density Bonus Combining District, or DB90, for an affordable housing bonus program to allow a development to exceed the base district height limit by 30 feet to a maximum of 90 feet.

The legal challenge to the original 2022 ordinance centered on the absence of notice requirements to nearby homeowners and their right to protest. The court sided with the homeowner plaintiffs who had also successfully challenged two other zoning ordinances designed to enhance the city’s affordable housing goals. As such, Council has had to postpone approving certain projects until a revised ordinance is in place.

As outlined in the proposed item, a DB90 would allow residential uses on sites with commercial base zoning districts, would adjust compatibility requirements and would allow additional building height in exchange for income-restricted housing. Unlike the 2022 ordinance, the revised measure could apply to properties beyond core transit corridors and future core transit corridors, although it’s unclear how many sites may be eligible.

Planner Andrea Bates told Council that after hearing concerns from the Planning Commission and other stakeholders, staff removed language from an earlier draft that contained redevelopment requirements of existing multifamily sites and tenant protections.

The removal of the language, Bates said, “gives staff additional time to think about how best to meet displacement prevention goals in the context of our density bonus programs.”

Mayor Pro Tem Leslie Pool agreed with holding off on the redevelopment requirements for now.

“If we add a lot of other requirements now, we run the risk of the program not being used at all and, obviously, if we are taking the time and staff input and expertise to craft it we want it to be a useful tool for members of our community,” she said.

Council Member Chito Vela echoed the sentiment that the city could end up with fewer affordable housing units if developers are strapped with unattainable mandates under the revised ordinance. Developers could simply opt to go with the base zoning instead, he said, adding, “I do think we have to be very careful about the calibrations on these affordability programs.”

Photo made available through a Creative Commons license.

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