Chapter 17.50
DENSITY BONUS AND OTHER DEVELOPER INCENTIVES
Sections:
17.50.020 Eligibility For Density Bonus And Other Incentives.
17.50.030 Types Of Density Bonus And Other Incentives Allowed.
17.50.040 Location Of Bonus Units.
17.50.050 Continued Availability.
17.50.060 Process And Conditions Of Approval.
17.50.010 Purpose And Intent.
This chapter is intended to provide incentives for the production of housing for very low-income, lower-income, or senior households and the development of childcare facilities. In enacting this chapter, it is the intent of the city of Greenfield to facilitate the development of affordable housing and to implement the goals, objectives, and policies of the city’s housing element. Other developer incentives refer to density incentives that developers can choose to incorporate in their project if they meet specific criteria which implement the goals, objectives, and policies of the city’s general plan. This chapter shall be interpreted and applied consistent with California Government Code Section 65915. (Ord. 533 §2(part), 2018: Ord. 473 §3, 2007).
17.50.020 Eligibility For Density Bonus And Other Incentives.
The city of Greenfield shall either grant a density bonus and concessions or incentives as set forth in section 17.50.030, "Types Of Density Bonus And Other Incentives Allowed," or provide other incentives or concessions of equivalent financial value based upon the land cost per dwelling unit, when the applicant for the housing development seeks to construct at least any one of the following:
A. Ten percent (10%) of the total units of a housing development for low-income households; and
B. Five percent (5%) of the total units of a housing development for very low-income households; and
C. A senior citizen housing development or mobilehome park that limits residency based on age requirements for housing for older persons; and
D. Ten percent (10%) of the total dwelling units in a common interest development, including a community apartment project, condominium project, planned development, or stock cooperative, as defined in Section 4100 et seq. of the California Civil Code, for persons and families of moderate income, provided all units in the development are offered to the public for purchase; and
E. Ten percent (10%) of the total units of a housing development for transitional foster youth, disabled veterans, or homeless persons, as defined in Section 65915(b)(1)(E) of the California Government Code. All such units shall be subject to a recorded affordability restriction of fifty-five (55) years and shall be provided at the same affordability level as very low-income units. (Ord. 533 §2(part), 2018: Ord. 473 §3, 2007).
17.50.030 Types Of Density Bonus And Other Incentives Allowed.
A. Project Specific Density Bonus: A housing development that satisfies all applicable provisions of this chapter shall be entitled to the following density bonus:
1. For developments providing lower-income target units, a twenty percent (20%) base density bonus plus a one and one-half percent (1 1/2%) supplemental increase over that base for every one percent (1%) increase in low-income units above ten percent (10%). The maximum density bonus allowed including supplemental increases is thirty-five percent (35%);
2. For developments providing very low-income target units, a twenty percent (20%) base density bonus plus a two and one-half percent (2 1/2%) supplemental increase over that base for every one percent (1%) increase in very low-income units above five percent (5%). The maximum density bonus allowed including supplemental increases is thirty-five percent (35%);
3. For senior developments, a flat twenty percent (20%) density bonus; and
4. For common interest developments providing moderate-income target units a five percent (5%) base density bonus plus a one percent (1%) increase in moderate-income units above ten percent (10%). The maximum density bonus allowed including supplemental increases is thirty-five percent (35%).
B. Number Of Other Incentives Or Concessions: In addition to the eligible density bonus percentage described above, an applicant may request the following incentives or concessions in connection with its application for a density bonus:
1. One incentive or concession for housing developments that include at least ten percent (10%) of the total units for lower-income households, at least five percent (5%) for very low-income households, or at least ten percent (10%) for persons or families of moderate income in a common interest development; and
2. Two (2) incentives or concessions for housing developments that include at least twenty percent (20%) of the total units for lower-income households, at least ten percent (10%) for very low-income households, or at least twenty percent (20%) for persons or families of moderate income in a common interest development; and
3. Three (3) incentives or concessions for projects that include at least thirty percent (30%) of the total units for lower-income households, at least fifteen percent (15%) for very low-income households, or at least thirty percent (30%) for persons or families of moderate income in a common interest development.
C. Available Incentives And Concessions: The following incentives and concessions are available for compliance with this chapter:
1. A reduction in the site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5, Section 18907, Division 13, of the California Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in ratio of vehicle parking spaces that would otherwise be required and that results in identifiable and actual cost reductions, to provide for affordable housing costs, as defined in Section 50052.5 of the California Health and Safety Code, or for rents for the targeted units to be set as specified in Section 50053 of the California Health and Safety Code;
2. Approval of mixed use development in conjunction with the housing development if the nonresidential land uses will reduce the cost of the housing development, and the nonresidential land uses are compatible with the housing development and surrounding development; and
3. Other regulatory incentives or concessions proposed by the applicant or the city that result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Section 50052.5 of the California Health and Safety Code, or for rents for the targeted units to be set as specified in Section 50053 of the California Health and Safety Code.
D. Denial Of Request For Incentives Or Concessions: The city shall grant incentive(s) or concession(s) requested by the applicant unless the city makes a written finding, based upon the substantial evidence, of either of the following:
1. The incentive or concession does not result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Section 50052.5 of the California Health and Safety Code, or for rents for the targeted units to be set as specified in Section 50053 of the California Health and Safety Code; and
2. The incentive or concession would have a specific, adverse impact, as defined in Section 65589.5(d)(2) of the California Government Code, upon public health and safety or physical environment or any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households.
3. The city shall bear the burden of proof for the denial of a requested concession or incentive.
E. Development Incentive For Donation Of Land:
1. An applicant for a tentative subdivision map, parcel map, or other residential development approval who donates land to the city in accordance with Section 65915(g) of the California Government Code shall receive a fifteen percent (15%) base development incentive plus a one percent (1%) supplemental increase over that base for every one percent (1%) increase in land donated above the minimum ten percent (10%). The maximum density bonus allowed including supplemental increases is thirty-five percent (35%).
2. An applicant shall only be eligible to receive the development incentive described in this subsection if all the conditions listed in Section 65915(g)(2)(A) through (H) of the California Government Code are met.
3. Nothing in this subsection shall be construed to enlarge or diminish the authority of the city to require a developer to donate land as a condition of development.
F. Additional Density Bonus And Incentives Or Concessions For Development Of A Childcare Facility:
1. Housing developments meeting the requirements of section 17.50.020 and including a childcare facility that will be located on the premises of, as part of, or adjacent to, the housing development shall receive either of the following:
a. An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the childcare facility.
b. An additional incentive or concession that contributes significantly to the economic feasibility of the construction of the childcare facility.
2. The density bonus housing agreement for the housing development shall ensure that:
a. The childcare facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the target units are required to remain affordable; and
b. Of the children who attend the childcare facility, the children of very low-income households, low-income households, or persons or families of moderate income shall equal a percentage that is equal to or greater than the percentage of target units that are required pursuant to section 17.50.020, "Eligibility For Density Bonus And Other Incentives."
3. The city shall not be required to provide a density bonus or incentive or concession for a childcare facility if it makes a written finding, based upon substantial evidence, that the community has adequate childcare facilities.
G. General Provisions Related To Density Bonuses And Incentive And Concessions:
1. All density calculations resulting in fractional units shall be rounded up to the next whole number.
2. 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.
3. The number of units added by a density bonus awarded pursuant to this section shall not be included when determining the number of housing units upon which the density bonus is based.
4. Upon request by the applicant, the city shall not require that a housing development meeting the requirements of section 17.50.020 provide a vehicular parking ratio, inclusive of handicapped and guest parking that exceeds the following:
a. Zero to one bedroom: one on-site parking space.
b. Two (2) to three (3) bedrooms: two (2) on-site parking spaces.
c. Four (4) and more bedrooms: two and one-half (2 1/2) on-site parking spaces.
d. If the development is a for-rent housing development for individuals who are sixty-two (62) years of age or older, and the project has paratransit service or is within one-half (1/2) mile to fixed bus route service that operates at least eight (8) times per day, the ratio shall not exceed one-half (1/2) spaces per unit, inclusive of handicapped and guest parking.
e. If the development is a special needs housing development, as defined in Section 51312 of the California Health and Safety Code, and the project has paratransit service or is within one-half (1/2) mile to fixed bus route service that operates at least eight (8) times per day, the ratio shall not exceed three-tenths (3/10) spaces per unit, inclusive of handicapped and guest parking.
If the total number of parking spaces required for a housing development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this subsection, a development may provide on-site parking through tandem parking or uncovered parking, but not through on-street parking.
5. The city shall not apply any development standard that would have the effect of precluding the construction of a housing development meeting the requirements of section 17.50.020 at the densities or with the concessions or incentives permitted by this section. An applicant may submit to the city a proposal for the waiver or reduction of development standards. Nothing in this subsection, however, shall be interpreted to require the city to waive or reduce development standards if the waiver or reduction would have a specific adverse impact, as defined in Section 65589.5(d)(2) of the California Government Code, upon public health, safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
6. This section does not limit or require the provision of direct financial incentives for the housing development, including the provision of publicly owned land, by the city, or the waiver of fees or dedication requirements. (Ord. 533 §2(part), 2018: Ord. 473 §3, 2007).
17.50.040 Location Of Bonus Units.
The location of density bonus (inclusionary) units shall be reasonably dispersed throughout the development (where feasible), shall contain on average the same number of bedrooms as the noninclusionary units in the development, and shall be indistinguishable from the noninclusionary units in terms of design, appearance, materials, and finish quality. (Ord. 533 §2(part), 2018: Ord. 473 §3, 2007).
17.50.050 Continued Availability.
A. If a housing development providing low- or very low-income rental target units receives a density bonus, with or without any additional incentive, the rental target unit must remain restricted, through deed restriction or other legally binding instrument, to low- or very low-income households for a minimum of fifty-five (55) years from the date of issuance of the certificate of occupancy.
B. In the case of a housing development providing for sale very low-, low-, or moderate-income target units, the initial occupant of the target unit must be a person or family of very low, low, or moderate income, as required, and the units must be offered at an affordable housing cost, as that cost is defined in Section 50052.5 of the California Health and Safety Code. Upon resale, the seller of the target units shall retain the value of any improvements, the down payment, and the seller’s proportionate share of appreciation. The city shall recapture any initial subsidy, as defined herein, and its proportionate share of appreciation, as defined herein, which amount shall be used within five (5) years for any of the purposes described in Section 33334.2(e) of the California Health and Safety Code that promote homeownership.
1. The city’s initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to very low-, low-, or moderate-income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value.
2. The city’s proportionate share of appreciation shall be equal to the ratio of the city’s initial subsidy to the fair market value of the home at the time of initial sale. (Ord. 533 §2(part), 2018: Ord. 473 §3, 2007).
17.50.060 Process And Conditions Of Approval.
The density bonus and concession or incentive requests shall be considered by the city council after the designated approving authority approves any necessary permits. (Ord. 533 §2(part), 2018: Ord. 473 §3, 2007).