Chapter 18.42
RESIDENTIAL DENSITY BONUS
Sections:
18.42.030 Eligibility for density bonus and incentives.
18.42.040 Amount and calculation of density bonus.
18.42.050 Incentives and concessions.
18.42.060 Parking requirements.
18.42.070 Density bonus and incentives for child care facilities.
18.42.090 Design, distribution and timing of development of affordable housing units.
18.42.100 Density bonus request.
18.42.110 Affordable housing unit plan.
18.42.120 Affordable housing agreement.
18.42.140 Child care facility agreement.
18.42.010 Purpose.
The purpose of this density bonus ordinance is to provide a means for granting density bonuses and incentives in compliance with Government Code Sections 65915 through 65917, as it now exists or may hereafter be amended. This chapter provides density bonuses and incentives for projects that are affordable to very low, low, and moderate income households and projects restricted to occupancy by senior citizens. (Ord. C-15-10 §1(Exh. A(part)), 2010).
18.42.020 Definitions.
Unless otherwise specified in this chapter or unless the context plainly requires otherwise, the words and phrases used in this chapter shall have the meanings defined in Chapter 18.02 and the meanings attributed to them in Government Code Section 65915 et seq.
“Affordable housing unit” means any extremely low, very low, low, or moderate income unit created pursuant to this chapter.
“Density bonus” means a density increase over the otherwise maximum allowable residential density as of the date of application by the applicant to the city, county or city and county. If a residential development qualifies for a density bonus under both the California Government Code and this section, then the applicant may use either the state or local density bonus benefits, but not both. The granting of density bonus benefits shall not, in and of itself, require a general plan amendment, zoning change or other separate discretionary approval.
“Project” or “development” as used in this section means a residential or mixed-use (e.g., mixture of residential uses with commercial, office, or other uses) project for five or more residential units. For the purposes of this section, “project” also includes a subdivision or common interest development, as defined in Section 1351 of the Civil Code, approved by a city, county, or city and county and consists of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, as defined in subdivision (d) of Government Code Section 65863.4, where the result of the rehabilitation would be a net increase in available residential units.
“Senior housing unit” means any housing unit restricted to occupancy by a senior citizen household pursuant to this chapter. (Ord. C-2014-10 §8(A), 2014; Ord. C-15-10 §1(Exh. A(part)), 2010).
18.42.030 Eligibility for density bonus and incentives.
For purposes of calculating base density, any area of land on a given site that is not potentially developable due to hazards or other environmental and resource factors (including but not limited to areas of sensitive habitat or buffers to that sensitive habitat, steep slopes, significant views, public access ways, or geologic instability) shall not be considered potentially developable lot area and shall be excluded from the base density calculations (i.e., base density shall be determined based only on the potentially developable portion of a given site).
In order to be eligible for a density bonus and other incentives as provided by this chapter, a proposed project shall comply with the following requirements and satisfy: (1) all applicable provisions of the certified LUP and (2) except as otherwise provided by this chapter, all applicable provisions of this zoning code.
A. Types of Projects. The provisions of this chapter shall apply to:
1. New residential projects of five or more dwelling units, regardless of the type of dwelling units proposed;
2. New mixed-use developments which include at least five dwelling units;
3. Renovation of one or more multifamily residential structures containing at least five units so as to result in a net increase of the number of residential units;
4. Development that will change the use of an existing building from nonresidential to residential and that will provide at least five residential units;
5. Developments that include the conversion of at least five residential rental units to ownership housing.
B. Affordability and Age Requirements. Projects receiving a density bonus, incentives, and/or concessions under this chapter shall include at least one of the following:
1. A minimum of ten percent of the proposed dwelling units are for low income households; or
2. A minimum of five percent of the proposed dwelling units are for very low or extremely low income households; or
3. A minimum of ten percent of the total dwelling units in a common interest development, as defined in Civil Code Section 1351, are for persons and families of moderate income; provided, that all units in the development are offered to the public for purchase.
4. A senior citizen project or a mobile home park that limits residency based on age requirements for housing older persons in compliance with Civil Code Sections 51.2, 51.3, 798.76, or 799.5.
5. Length of Affordability. Projects that provide extremely low, very low, and low income units shall provide the units at affordable rents to eligible households for a minimum period of thirty years, beginning at the initial occupancy of each affordable housing unit, or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. Projects that provide moderate income units in a common interest development shall ensure the initial occupancy of the unit by a moderate income household and the occupancy and resale of the unit shall be governed by an affordable housing agreement. Senior citizen projects shall be restricted to occupancy by senior citizens in perpetuity.
C. Any housing development approved pursuant to this chapter shall be consistent with the certified local LUP policies and with all applicable development standards. Further, all development approved pursuant to a density bonus or other incentive shall be developed in a manner most protective of coastal resources (including but not limited to areas of sensitive habitat, agriculture, steep slopes, significant views, public access ways, or geologic instability). If the city approves development with a density bonus or other incentive, the city must find that the development, with and without the density bonus or other incentive, would have been fully consistent with the policies of the certified LUP. If the city determines that the means of accommodating the density bonus or other incentive proposed by the applicant will have an adverse effect on coastal resources inconsistent with the LUP or the Chapter 3 policies of the Coastal Act, the density bonus or incentive shall not be approved.
D. For development approved within the coastal zone pursuant to this chapter, the required density bonus and any requested incentive(s), concession(s) and/or waiver(s) or reduction(s) of development standards shall be consistent with the Chapter 3 policies of the Coastal Act and all applicable requirements of the certified Half Moon Bay LUP. (Ord. C-2014-10 §8(B), 2014; Ord. C-15-10 §1(Exh. A(part)), 2010).
18.42.040 Amount and calculation of density bonus.
A project that complies with the eligibility requirements of Section 18.42.030 shall be entitled to a density bonus. The applicant shall elect whether the density bonus shall be awarded on the basis of subsection (A), (B), (C), (D), (E), or (F) of this section. The applicant may request a smaller density bonus.
A. Bonus for Units for Very Low Income Households. For developments that include five percent of the total dwelling units for very low income households, the density bonus shall be calculated as follows:
|
Percentage of Base Units Proposed |
Density Bonus Percentage |
|---|---|
|
5 |
20 |
|
6 |
22.5 |
|
7 |
25 |
|
8 |
27.5 |
|
9 |
30 |
|
10 |
32.5 |
|
11 |
35 |
B. Bonus for Units for Low Income Households. For developments that include ten percent of the total dwelling units for low income households, the density bonus shall be calculated as follows:
|
Percentage of Base Units Proposed |
Density Bonus Percentage |
|---|---|
|
10 |
20 |
|
11 |
21.5 |
|
12 |
23 |
|
13 |
24.5 |
|
14 |
26 |
|
15 |
27.5 |
|
16 |
29 |
|
17 |
30.5 |
|
18 |
32 |
|
19 |
33.5 |
|
20 |
35 |
C. Bonus for Units for Moderate Income Households. For developments that include ten percent of the total dwelling units in a common interest development for persons and families of moderate income, the density bonus shall be calculated as follows:
|
Percentage of Base Units Proposed |
Density Bonus Percentage |
|---|---|
|
10 |
5 |
|
11 |
6 |
|
12 |
7 |
|
13 |
8 |
|
14 |
9 |
|
15 |
10 |
|
16 |
11 |
|
17 |
12 |
|
18 |
13 |
|
19 |
14 |
|
20 |
15 |
|
21 |
16 |
|
22 |
17 |
|
23 |
18 |
|
24 |
19 |
|
25 |
20 |
|
26 |
21 |
|
27 |
22 |
|
28 |
23 |
|
29 |
24 |
|
30 |
25 |
|
31 |
26 |
|
32 |
27 |
|
33 |
28 |
|
34 |
29 |
|
35 |
30 |
|
36 |
31 |
|
37 |
32 |
|
38 |
33 |
|
39 |
34 |
|
40 |
35 |
D. Bonus for Senior Citizen Housing. For an eligible senior citizen project, the density bonus shall be twenty percent of senior citizen housing units.
E. Bonus for Land Donation. When an applicant for a residential development agrees to donate land to the city for very low income households, the applicant shall be entitled to a density bonus for the entire market rate development; provided, that nothing in this subsection shall be construed to affect the authority of the city to require a developer to donate land as a condition of development.
1. Density Bonus. The applicant shall be entitled to an increase above the maximum allowed residential density for the entire market-rate residential development which shall be calculated as follows:
|
Percentage of Very Low Income Units Accommodated |
Density Bonus Percentage |
|---|---|
|
10 |
15 |
|
11 |
16 |
|
12 |
17 |
|
13 |
18 |
|
14 |
19 |
|
15 |
20 |
|
16 |
21 |
|
17 |
22 |
|
18 |
23 |
|
19 |
24 |
|
20 |
25 |
|
21 |
26 |
|
22 |
27 |
|
23 |
28 |
|
24 |
29 |
|
25 |
30 |
|
26 |
31 |
|
27 |
32 |
|
28 |
33 |
|
29 |
34 |
|
30 |
35 |
The density bonus for land dedication shall be in addition to any other density bonus allowed by this chapter, up to a maximum total density bonus of thirty-five percent.
2. Eligibility for Land Donation Bonus. An applicant shall be eligible for the increased density bonus described in this section if all of the following conditions are met:
a. The applicant donates and transfers the land to the city no later than date of approval by the city of the final subdivision map, parcel map, or residential development seeking the density bonus.
b. The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households in an amount not less than ten percent of the number of market-rate residential units of the proposed development.
c. The transferred land: (i) is at least one acre in size or of sufficient size to permit development of at least forty units; (ii) has the appropriate general plan designation and is appropriately zoned for development of very low income housing; (iii) is or will be served by adequate public facilities and infrastructure for the development of very low income housing; (iv) has appropriate zoning and development standards to make the development of the very low income housing units feasible; and (v) has all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units, except that the city may subject the proposed development to subsequent design review, if the design is not reviewed by the city prior to the transfer.
d. The transferred land and very low income housing units shall be subject to a deed restriction, which shall be recorded on the property upon dedication, ensuring continued affordability of the units for a thirty-year period.
e. The land is transferred to the city or to a housing developer approved by the city.
f. The transferred land is within the proposed development or, if approved by the city, within one-quarter mile of the boundary of the proposed development.
g. A proposed source of funding for the development of very low income units shall be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application.
F. Bonus for Condominium Conversions. When a development is the conversion of an existing apartment complex to a condominium complex and the applicant agrees to make at least thirty-three percent of the total units of the development affordable to moderate income households for thirty years, or fifteen percent of the total units of the proposed development affordable to lower income households for thirty years, and agrees to pay for the administrative costs incurred by the city to process the application and to monitor the continued affordability and habitability of the affordable housing units, the city shall either:
1. Grant a density bonus of twenty-five percent, or
2. Provide other incentives of equivalent financial value as determined by the city.
An applicant shall be ineligible for a density bonus or other incentives under this section if the apartments proposed for conversion are part of a project for which a density bonus or other incentives were previously provided under this chapter or Government Code Section 65819 et seq.
G. Calculation of Density Bonus.
1. All density calculations resulting in fractional units shall be rounded up to the next whole number.
2. For the purposes of this chapter “total dwelling units” does not include units added by a density bonus awarded pursuant to this section or any other density bonus allowed by the city of Half Moon Bay or state law.
3. If the site of a development proposal that requests a density bonus is located in two or more general plan designations or zoning districts, the number of dwelling units permitted in the development is the sum of the dwelling units permitted in each of the zones. The permitted number of dwelling units may be distributed within the development without regard to the zone boundaries.
4. If the applicant desires to develop a density bonus project available to a mix of income levels or age groups, the project may combine its allowed density bonus, based on calculations approved by the community development director, to a maximum density bonus of thirty-five percent.
5. The density bonus shall be based on “maximum allowable residential density” which means the density allowed under the zoning ordinance and land use element of the general plan, or if a range of density is permitted, means the maximum allowable density for the specific zoning range and land use element of the general plan applicable to the project. Where the density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan, the general plan density shall prevail.
6. For the purposes of calculating a density bonus, the residential units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the project other than the areas where the units for the lower income houses are located. Any areas deemed undevelopable due to hazards or other environmental and resource factors (including but not limited to areas of sensitive habitat, steep slopes, significant views, public access ways, or geologic instability), shall be excluded from the developable portions of the lot suitable for density increases over the maximum allowable residential units.
H. Accessory Dwelling Units. If desired by the applicant, the density bonus may be used to construct one accessory dwelling unit per lot. The unit must comply with Chapter 18.33, except that the accessory dwelling unit may be constructed on a lot that does not contain an existing or proposed single-family dwelling. (Ord. C-2018-04 §2(Att. A)(part), 2018; Ord. C-2015-04 §1(part), 2015; Ord. C-2014-10 §8(C), 2014; Ord. C-15-10 §1(Exh. A(part)), 2010).
18.42.050 Incentives and concessions.
When an applicant seeks a density bonus or seeks to donate land for housing, the city shall provide the applicant with incentives or concessions for the production on housing units and child care facilities. The applicant must submit a density bonus application, as described in Section 18.42.100, identifying the specific incentives or concessions that the applicant requests.
A. Granting of Incentive. When an applicant seeks a density bonus or seeks to donate land for housing, the city shall provide the applicant with incentives or concessions for the production of housing units and, if applicable, child care facilities. The city shall grant the incentive or concession requested by the applicant unless the city makes any of the following written findings, based upon substantial evidence:
1. The incentive or concession is not required to provide for affordable housing costs as defined in Health and Safety Code Section 50052.5, or for rents for the targeted units set as specified in Sections 18.42.030 and 18.42.040; or
2. The incentive or concession would have a specific adverse impact, as defined in Government Code Section 65589.5(d)(2), upon public health and safety, 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 without rending the development unaffordable to low and moderate income households; or
3. The incentive or concession would be contrary to state or federal law; or
4. The incentive or concession cannot be accommodated in a manner consistent with the local coastal program land use plan or the Chapter 3 policies of the Coastal Act.
B. Number of Incentives. The city shall grant the following number of incentives, except as provided in subsection A of this section:
1. A total of one incentive or concession for a project that includes: at least ten percent of the total units affordable to low income households, at least five percent of the total units affordable to very low income households, or at least ten percent of the total units affordable to persons and families of moderate income in a common interest development.
2. A total of two incentives or concessions for a project that includes: at least twenty percent of the total units affordable to low income households, at least ten percent of the total units affordable to very low income households, at least twenty percent of the total units affordable to persons and families of moderate income in a common interest development, at least fifty percent of the total units providing housing for disabled persons, or at least fifty percent of the total units providing housing for farmworkers.
3. A total of three incentives or concessions for a development that makes: at least thirty percent of the total units affordable to low income households, at least fifteen percent of the total units affordable to very low income households, or at least thirty percent of the total units affordable to persons and families of moderate income in a common interest development.
C. Types of Incentives or Concessions. For the purposes of this chapter, “incentive” or “concession” means any of the following:
1. A reduction in the site development standards that results in identifiable, financially sufficient, and actual cost reductions. The reduction may include, but is not limited to:
a. Reduced minimum lot sizes and/or dimensions,
b. Reduced minimum setbacks,
c. Increased maximum building height,
d. Reduced on-site open-space requirements,
e. increased maximum lot coverage,
f. Increased floor area ratio, or
g. Reduced parking requirements.
2. A reduction in architectural design requirements that exceeds the minimum building standards approved by the California Building Standards Commission in compliance with Health and Safety Code Section 18901 et seq., that would otherwise be required, that results in identifiable, financially sufficient, and actual cost reductions.
3. Approval of mixed use development in conjunction with the proposed development if nonresidential uses will reduce the development cost of the residential portion of the proposed development, and if the nonresidential uses are compatible with the proposed development and with existing or planned development in the area.
4. Expedited Project Processing. The project will receive expedited project processing, which will include:
Mandatory Preliminary Review Meeting. An applicant requesting expedited project processing must participate in a mandatory preliminary review meeting prior to submittal of the project application.
a. Ten-Business-Day Review for Completeness. The review period to determine completeness of the project application will be reduced from thirty calendar days to ten business days.
b. First Review Cycle. The project application will be provided to all appropriate agencies for a review period of twenty business days.
c. Project Review Meeting. Within ten business days after the first review cycle, a project review meeting will be held with the city and applicant.
d. Subsequent Review Cycles (if needed). Fifteen business days.
e. Project Consideration. Upon completion of the third review cycle and completion of the environmental document, at the applicant’s request the city will schedule the project for a public hearing if required and for project consideration by the decision-making body.
f. Carrying Capacity. No more than two residential projects may receive expedited project processing during any given period. Expedited review of residential projects shall not result in increased review times for priority coastal uses, as defined by the local coastal program.
5. Other regulatory incentives or concessions proposed by the applicant or the city that result in identifiable, financially sufficient, and actual cost reductions.
6. A direct financial contribution, waiver of fees, or reduction of fees, when financially feasible, at the sole discretion of the city council. Nothing in this chapter shall be construed to require the provision of direct financial incentives for the development, including the provision of publicly owned land by the city or other waiver of fees or dedication requirements. (Ord. C-2014-10 §8(D), 2014; Ord. C-15-10 §1(Exh. A(part)), 2010).
18.42.060 Parking requirements.
A. Maximum Parking Standards. Upon the request of the applicant, the city shall not require a parking standard, inclusive of handicapped and guest parking, of a project that exceeds the following ratios:
1. Zero to one bedroom: one on-site parking space.
2. Two to three bedrooms: two on-site parking spaces.
3. Four and more bedrooms: two and one-half parking spaces.
B. If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number.
C. For purposes of this section, a development may provide “on-site parking” through tandem parking or uncovered parking, but not through on-street parking.
D. This section shall only apply at the specific written request of the applicant to a development that meets the requirements and the criteria of Section 18.42.030. An applicant may request parking incentives or concessions beyond those provided in this section pursuant to Section 18.42.050. (Ord. C-15-10 §1(Exh. A(part)), 2010).
18.42.070 Density bonus and incentives for child care facilities.
For the purposes of this chapter, “child care facility” is defined as a child day care facility other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and school-age child care centers.
A. Allowable Density Bonus and Incentives. When an applicant proposes to construct a development that conforms to the requirements of Section 18.42.030 and includes a child care facility located on the premises, or as part of, or adjacent to, the development, the city shall grant either of the following:
1. An additional density bonus of five percent; provided, that the total density bonus for the project does not exceed thirty-five percent. The density bonus is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the child care facility and shall not exceed a maximum of five square feet of floor area of new structures for each one square foot of floor area contained In the child care facility; or
2. An additional incentive or concession designated by the city that contributes significantly to the economic feasibility of the construction of the child care facility.
B. Conditions of Approval. The city shall require as conditions of approving the development that:
1. The child care facility shall remain in operation as long as or longer than the time period during which the affordable housing units are required to remain affordable pursuant to the affordable housing agreement; and
2. Of the children who attend the child care facility, the children of very low income households, low income households, and moderate income households shall equal a percentage that is equal to or greater than the percentage of dwelling units that are made affordable to very low income households, low income households, and moderate income households pursuant to Sections 18.42.030 and 18.42.040.
C. Notwithstanding any requirement of this chapter, the city need not provide a density bonus, incentive, or concession for a child care facility if it finds, based upon substantial evidence, that the community has adequate child care facilities. (Ord. C-15-10 §1(Exh. A(part)), 2010).
18.42.080 Approvals.
A. The granting of a density bonus, incentive, and/or concession shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, local coastal plan amendment, or other discretionary approval.
B. The density bonus, incentive, and concessions requested shall be granted unless the city denies specific incentives and/or concessions based on the findings set forth at Section 18.42.050. The entity with approval authority for the coastal development permit, subdivision map, parcel map, site plan approval, or other primary entitlement requested by the applicant shall consider the requested incentives and concessions based on the findings set forth at Section 18.42.050.
C. The density bonus or incentive shall be granted unless the approving authority finds that it cannot be accommodated in a manner consistent with the local coastal program land use plan or the Chapter 3 policies of the Coastal Act. (Ord. C-2014-10 §8(E), 2014; Ord. C-15-10 §1(Exh. A(part)), 2010).
18.42.090 Design, distribution and timing of development of affordable housing units.
A. Affordable housing units must be constructed concurrently with market-rate units. Affordable housing units shall be integrated into the project and be comparable in infrastructure (including sewer, water and other utilities), construction quality, and exterior design to the market-rate units. The affordable housing units must also comply with the following criteria:
1. Rental Developments. Rental units shall be integrated within and reasonably dispersed throughout the project. All affordable housing units shall reflect the range and numbers of bedrooms provided in the project as a whole, and shall not be distinguished by design, construction or materials.
2. Owner-Occupied Developments. Owner-occupied units shall be integrated within the project. Affordable housing units may be smaller in size and have different interior finishes and features than market-rate units so long as the interior features are durable, of good quality and consistent with contemporary standards for new housing as determined by the community development director. All affordable housing units shall reflect the range and numbers of bedrooms provided in the project as a whole, except that affordable housing units need not provide more than four bedrooms.
B. No building permits will be issued for market-rate units until permits for all affordable housing units have been obtained, unless affordable housing units are to be constructed in phases pursuant to a plan approved by the city.
C. Market-rate units will not be inspected for occupancy until all affordable housing units have been constructed, unless affordable housing units are to be constructed in phases pursuant to a plan approved by the city. (Ord. C-2015-04 §1(part), 2015; Ord. C-15-10 §1(Exh. A(part)), 2010).
18.42.100 Density bonus request.
In order to receive a density bonus, concessions, and/or incentives pursuant to this chapter, an applicant must submit to the city a density bonus request which will be treated as part of the development application. At any time during the review process, the community development director may require from the applicant additional information reasonably necessary to clarify and supplement the application or to determine the development’s consistency with the requirements of this chapter. The density bonus request shall include the following:
A. A description of the project, including the total number of proposed market rate units, affordable housing units, and/or senior housing units;
B. The zoning and general plan designations and assessor’s parcel number(s) of the project site;
C. A vicinity map and preliminary site plan, drawn to scale, including building footprints, driveways and parking layout;
D. A description of the concessions or incentives requested;
E. If an additional incentive(s) is requested, the application shall describe why the additional incentive(s) is necessary to provide the affordable housing units;
F. The draft affordable housing unit plan meeting the requirements described in Section 18.42.110; and
G. Any other information reasonably requested by the city to aid in the implementation of this chapter. (Ord. C-2015-04 §1(part), 2015; Ord. C-15-10 §1(Exh. A(part)), 2010).
18.42.110 Affordable housing unit plan.
An applicant shall submit an affordable housing unit plan as part of the density bonus request.
The affordable housing unit plan shall include the following:
A. The location, structure (attached, semi-attached, or detached), proposed tenure (sale or rental), and size of proposed market rate and affordable housing units and the proposed tenure and size of nonresidential uses included in the development;
B. A floor or site plan depicting the location of the affordable housing units and a floor plan describing the size of the affordable housing units in square feet;
C. The income level to which each affordable housing unit will be made affordable;
D. Draft of the documents to be used to assure that the units remain affordable for the desired term, such as resale and rental restrictions, deed of trust, and rights of first refusal and other documents;
E. For phased developments, a phasing plan that provides for the timely development of affordable housing units in proportion to other housing units in each proposed phase of development as required by this article;
F. A marketing plan that describes how the applicant will inform the public and those within the appropriate income groups of the availability of affordable housing units;
G. A financial report (pro forma) to evaluate: (1) whether the concessions or incentives sought would result in identifiable, financially sufficient, and actual cost reductions and (2) whether the concessions or incentives sought would reduce the cost of the project; and
H. Any other information reasonably requested by the community development director to assist with evaluation of the affordable housing unit plan. (Ord. C-2015-04 §1(part), 2015; Ord. C-15-10 §1(Exh. A(part)), 2010).
18.42.120 Affordable housing agreement.
Applicants, including the property owner, receiving a density bonus, incentives, and/or concessions pursuant to this chapter shall enter into an affordable housing agreement with the city.
A. Condition of Approval. An affordable housing agreement shall be a condition of approval for all residential developments subject to this chapter and shall be recorded as a restriction on any residential development on which the affordable and/or senior housing units will be constructed.
B. Timing. The affordable housing agreement shall be recorded prior to or concurrently with final parcel map or final subdivision map approval, or, where the residential development does not include a map, prior to issuance of a building permit for any structure in the residential development. The affordable housing agreement shall run with the land and bind all future owners and successors in interest.
C. Duration. The affordable housing agreement shall be binding on all future owners and successors in interest for the applicable affordability period, which shall begin at the initial occupancy, of each affordable housing unit. Senior projects shall be restricted to occupancy by senior citizens in perpetuity.
D. Contents. The affordable housing agreement shall address the occupancy, affordability, resale, and other restrictions identified at Government Code Section 65915(c) and shall include the following, at a minimum without limitation:
1. The total number of units approved for the residential development and the number, location, and level of affordability of the affordable and senior units.
2. Standards for determining affordable rent or affordable ownership cost for the affordable units.
3. The location, unit size in square feet, and number of bedrooms of the affordable and senior units.
4. Provisions to ensure initial and continuing affordability, including the execution and recordation of subsequent agreements.
5. A schedule for completion and occupancy of affordable and senior units in relation to construction of market rate units.
6. A description of remedies for breach of the agreement by either party. The city may identify tenants or qualified purchasers as third party beneficiaries under the agreement.
7. Procedures for qualifying tenants and prospective purchasers of affordable and senior units.
8. Provisions requiring maintenance of records to demonstrate compliance with this chapter.
9. Provisions requiring fair housing practices, as defined by the California Fair Employment and Housing Act (Government Code Section 12900 et seq.) in the marketing, rental, or sale of any affordable housing unit.
10. Other provisions to ensure implementation and compliance with this chapter. (Ord. C-15-10 §1(Exh. A(part)), 2010).
18.42.140 Child care facility agreement.
In addition to addressing the requirements of Section 18.42.070, a child care facility agreement for a project shall provide the following conditions governing the use and operation of the child care facility during the use restriction period:
A. If the developer uses space allocated for child care facility purposes, in accordance with this chapter, for purposes other than for a child care facility, an assessment based on the square footage of the project shall be levied and collected by the city. The assessment shall be consistent with the market value of the space. If the developer fails to have the space allocated for the child care facility within three years from the date upon which the first temporary certificate of occupancy is granted, an assessment based on the square footage of the project shall be levied and collected by the city. The assessment shall be consistent with the market value of the space. If the assessment is levied against a consortium of developers, the assessment shall be charged to each developer in an amount equal to the developer’s percentage square feet participation. Funds collected pursuant to this requirement shall be deposited by the city into a special account to be used for child care services or child care facilities.
B. Once the child care facility has been established, the facility shall not be closed, undergo change in use or be reduced in physical size unless the city makes a finding that the need for child care is no longer present, or is not present to the same degree as it was at the time the facility was established. (Ord. C-15-10 §1(Exh. A(part)), 2010).
18.42.150 Administrative fee.
The city shall charge an administrative fee to applicants to cover the city’s cost of ongoing enforcement of this section. The amount of the administrative fee shall be established from time to time by city council resolution. Fees will be charged for, inter alia, staff time and materials associated with: review and approval of applications for the project; project marketing and lease-up materials associated with the affordable housing units; and long-term compliance with the applicable provisions of this chapter. (Ord. C-15-10 §1(Exh. A(part)), 2010).
18.42.160 Compliance.
A. The provisions of this chapter shall apply to all agents, successors and assignees of an applicant receiving a density bonus, incentive, and/or concession pursuant to this chapter. No tentative map, use permit, special development permit or occupancy permit shall be issued for any project that has been granted a density bonus under this section unless that map or permit is exempt from or in compliance with the requirements of this chapter.
1. In addition to any other powers or duties prescribed by law, the community development director shall have the following powers and duties in relation to this chapter:
a. To monitor compliance with the provisions of this part and to refer to the city attorney for appropriate action any person violating the provisions of this chapter; and
b. To administer this chapter.
B. The city attorney shall be authorized to enforce the provisions of this chapter, all agreements entered into pursuant to this chapter, and all other requirements of this chapter, by civil action and any other proceeding or method permitted by law.
C. The city may, at its discretion, take such enforcement action as is authorized under any provision of the Municipal Code and/or any other action authorized by law or by any agreement executed pursuant to this chapter.
D. The city may institute any appropriate legal actions or proceedings necessary to ensure compliance herewith, including but not limited to actions to revoke, deny, or suspend any permit or project approval.
E. If the community development director determines that rents in excess of those allowed by the affordable housing agreement have been charged to a tenant residing in a rental affordable housing unit, the city may take the appropriate legal action to recover, and the rental unit owner shall be obligated to pay to the tenant (or to the city in the event the tenant cannot be located), any excess rent paid.
F. If the community development director determines that a sales price in excess of that allowed by the affordable housing agreement has been charged for an ownership affordable housing, the city may take the appropriate legal action to recover, and the seller of the affordable housing unit shall be obligated to pay to the purchaser (or to the city in the event the purchaser cannot be located), any excess sales costs.
G. Failure of any official or agency to enforce the requirements of this chapter shall not constitute a waiver or excuse any applicant or owner from the requirements of this chapter. No permit, license, map, or other approval or entitlement for a residential development shall be issued, including without limitation a final inspection or certificate of occupancy, until all applicable requirements of this chapter have been satisfied.
H. The remedies provided for herein shall be cumulative and not exclusive and shall not preclude the city from any other remedy or relief to which it otherwise would be entitled under law or equity. (Ord. C-2015-04 §1(part), 2015; Ord. C-15-10 §1(Exh. A(part)), 2010).