Chapter 17.84
DENSITY BONUS*
Sections:
17.84.020 Eligibility for density bonus, incentives or concessions.
17.84.030 Allowed density bonuses.
17.84.040 Allowed incentives or concessions.
17.84.050 Processing of density bonus and incentive request.
* Prior legislation: Ord. 93-6.
17.84.010 Purpose.
A. The purpose of this density bonus chapter is to contribute to the feasibility of developing lower income housing within the city of Dinuba. In accordance with Government Code Section 65915 et seq., the city shall grant to developers who meet all requirements of this chapter either a density bonus and an additional concession(s) or incentive(s) as allowed by this chapter, unless the city determines these benefits are unnecessary to provide for affordability of housing in the city pursuant to the provisions of this chapter and other applicable laws.
B. This chapter establishes procedures and criteria for use in the consideration of density bonuses for residential rental and ownership housing developments consistent with state density bonus law requirements. In case of inconsistencies or ambiguities in or between this chapter and state code, state code shall prevail.
C. Nothing in this chapter prohibits the city from granting a density bonus greater than herein allowed for a project that meets the requirements of this chapter, or from granting a lower density bonus, or no bonus, for projects that do not meet these requirements. (Ord. 2008-05 § 1 (part), 2008)
17.84.020 Eligibility for density bonus, incentives or concessions.
A. Residential Units. The city shall grant a density bonus and other incentives or concessions to applicants for residential projects who agree to provide affordable or senior housing pursuant to the provisions of Government Code Sections 65915 through 65918 or successor statute.
B. Land Donations and Child Care Facilities. The city shall grant an additional density bonus or other incentives or concessions to applicants for residential projects who agree to donate land for affordable housing development and/or provide a child care facility pursuant to the provisions of Government Code Sections 65915 through 65918 or successor statute.
C. The density bonus and incentives or concessions provided by this chapter shall be available only to housing developments of five or more dwelling units. (Ord. 2008-05 § 1 (part), 2008)
17.84.030 Allowed density bonuses.
The amount of the density bonus granted shall be determined pursuant to the provisions of Government Code Sections 65915 through 65918 or successor statute.
A. Bonus Determination. The city may choose to grant a density bonus greater than provided in the provisions of Government Code Sections 65915 through 65918 or successor statute for a development that exceeds the requirements of state law.
B. Requirements for Amendments or Discretionary Approval. The granting of a density bonus shall not be interpreted, in and of itself, to require a general plan amendment, zoning change or other discretionary approval separate from the discretionary approval otherwise required for the project. (Ord. 2008-05 § 1 (part), 2008)
17.84.040 Allowed incentives or concessions.
A. Applicant Request and City Approval. An applicant may submit to the city a proposal for the specific incentives or concessions listed in subsection (B) (Types of Incentives) of this section that the applicant requests in compliance with this chapter. The city shall grant an incentive or concession request that complies with this chapter unless the county makes specific findings pursuant to the provisions of Government Code Sections 65915 through 65918 or successor statute.
B. Types of Incentives. For the purposes of this chapter, incentives or concessions include any of the following:
1. A modification of development standards pertaining to building height, open space, lot size requirements, street access, off-street parking, landscaping, fencing, a reduction in setback and square footage requirements or off-site improvements. Such reduction or modification requirements must exceed the minimum building standards approved by the California Building Standards Commission in compliance with Health and Safety Code Section 18901 et seq.;
2. Approval of mixed use zoning in conjunction with the housing project if commercial, office, industrial or other land uses will reduce the cost of the housing development and if such nonresidential uses are compatible with the housing project and the existing or planned development in the area where the housing project will be located;
3. Other regulatory incentives or concessions proposed by the developer or the city which result in identifiable cost reductions; and
4. Direct financial incentives which include, in order of city priority:
a. Financial contributions or mortgage financing from the redevelopment agency’s twenty percent set aside for low and moderate income housing (as available);
b. Modification of dedication requirements;
c. Waiver or reduction of fees (not including connection charges);
d. Provision of publicly owned land.
C. Requirements for Amendments or Discretionary Approval. The granting of an incentive or concession shall not be interpreted, in and of itself, to require a general plan amendment, zoning change or other discretionary approval separate from the discretionary approval otherwise required for the project. (Ord. 2008-05 § 1 (part), 2008)
17.84.050 Processing of density bonus and incentive request.
A. Preliminary Proposal and Formal Application. Consistent with Government Code Section 65915(d), prior to the submittal of a formal application, an applicant should obtain preapplication and other preliminary consultations with the director and other officials in order to obtain information and guidance before entering into binding commitments and incurring substantial expense in the preparation of plans, surveys and other data. The preliminary consultation should relate to a specific development proposal that outlines the concept and characteristics of the project, and the application shall contain the following information. If no preliminary proposal is submitted, the applicant shall provide the following information at the time of formal application in addition to the city’s standard application requirements. The city may, at its discretion, waive any of these submittal requirements.
1. Site Information. The assessor’s parcel number, gross and net acreage, land use and zone designation of the project site.
2. Number of Units. The total number of units proposed (not including the density bonus units).
3. Density Bonus Units. The number of density bonus units requested.
4. Affordable Units. The number of very low income, low income, moderate income, and/or senior units proposed.
5. Incentives. Any additional incentives requested.
6. Financial Information. Complete financial information and projections for the project. The city may request and the applicant shall provide any additional information the city deems necessary to determine the financial feasibility of the income restricted units. The city may require the applicant to pay for a review by an independent consultant to assist the city in determining whether certain development incentives are necessary to make the income restricted units economically feasible.
7. Site Plan. A site plan in accordance with Chapter 17.80.
Within thirty days of receipt of a complete written proposal, the director shall notify the applicant in writing of: the types of incentives which may be recommended in order to comply with this chapter; and whether staff may support the granting of a density bonus on the basis of required development standards and findings.
B. Density Bonus Distribution. The target units must be compatible in floor plan, furnishings and exterior design to nondesignated units. Further, the target units must be reasonably dispersed throughout the development.
C. Affordable Housing Agreement. Each density bonus project shall record an affordable housing agreement and resale and/or rental restrictive covenant, or other equivalent document approved as to form by the city attorney, which outlines:
1. The sale and/or rental prices for the various types of units to be established; and
2. Provisions for the sale, resale, renting and restrictions that will be applicable to the project and which ensure the continued availability of units for purchase or occupancy by persons of very low, low and moderate incomes. All affordable units shall be restricted the maximum period allowed by Government Code Sections 65915 through 65918 or successor statute.
D. Annual Review. The developer/property owner must provide the community development department a yearly accounting of total units occupied, total units vacant, total units occupied by the targeted income groups and the total by which the units set aside fell short of the required number of units per the development agreement(s). In the event of default, the city shall have access to and inspect all of the books and records of the developer pertaining to the development. The city shall also take whatever other action at law or in equity may appear necessary or desirable to enforce the obligations, covenants and agreements of the developer. (Ord. 2008-05 § 1 (part), 2008)