Chapter 17.42
DENSITY BONUSES
Sections:
17.42.020 Eligibility and requirements.
17.42.030 Amount of density bonus.
17.42.040 Continued affordability.
17.42.050 Allowed incentives and concessions.
17.42.060 Standards for affordable units.
17.42.080 Waivers or reductions of development standards.
17.42.090 Reduced parking requirements.
17.42.100 Housing with childcare facilities.
17.42.110 Application and review.
17.42.120 Density bonus housing agreement.
17.42.010 Purpose.
A. Purpose. This chapter implements Government Code Section 65915, which requires the city to provide incentives for affordable housing, senior housing, and childcare facilities.
B. Conflicts. In the event of any conflict between this chapter and Government Code Section 65915, the provisions of the Government Code shall apply. (Ord. 24-01 §2(Exh. A-1)).
17.42.020 Eligibility and requirements.
To be eligible for a density bonus, reduced parking ratios, and other incentives or concessions as provided by this chapter, a proposed housing development shall comply with the following requirements and shall satisfy all other applicable provisions of this zoning code, except as provided by Sections 17.42.050 (Allowed incentives or concessions), 17.42.090 (Reduced parking requirements), and 17.42.100 (Housing with childcare facilities).
If any portion of this chapter conflicts with any state density bonus law or other applicable state law, state law shall supersede this chapter. Any ambiguities in this chapter shall be interpreted to be consistent with state density bonus laws.
A. Projects Entitled to a Density Bonus. Excluding any units allowed by the density bonus, the city shall grant one density bonus, the amount of which shall be specified in Section 17.42.050 (Allowed incentives and concessions), when an applicant for a housing development includes within that development at least any one of the following:
1. At least five percent of the dwelling units are for very low-income households;
2. At least ten percent of the dwelling units are for lower-income households;
3. At least ten percent of the dwelling units in a common interest development as defined in Civil Code Section 4100 are for persons and families of moderate income, as defined in Health and Safety Code Section 50093; provided, that all units in the development are offered to the public for purchase;
4. The project is a senior citizen housing development as defined in Civil Code Sections 51.3 and 51.12, or is a mobile home park that limits residency based on age requirements for housing older persons in compliance with Civil Code Section 798.76 or 799.5;
5. At least twenty percent of the dwelling units are in a student housing development for lower income students that meets the requirements of Government Code Section 65915;
6. One hundred percent of all the dwelling units in the housing development, including total units and density bonus units, but exclusive of a manager’s unit(s), are for lower-income households, as defined in Health and Safety Code Section 50079.5, except that twenty percent of the units in the development, including total units and density bonus units, may be for moderate-income households; or
7. At least ten percent of the dwelling units are in a housing development for transitional foster youth, as defined in Education Code Section 66025.9; disabled veterans, as defined in Section 18541; or homeless persons, as defined in the Federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.).
8. The project donates at least one acre of land to the city for very low-income units and the land has the appropriate general plan designation, zoning, permits, and approvals, and access to public facilities needed for such housing.
B. Density Bonus Selection. For purposes of calculating the amount of the density bonus in compliance with Section 17.42.030 (Amount of density bonus), the applicant who requests a density bonus shall elect whether the bonus shall be awarded based on subsection A of this section.
C. Bonus Units Shall Not Qualify. A density bonus granted in compliance with Section 17.42.050 (Allowed incentives and concessions), shall not be included when determining the number of dwelling units that are required by subsection A of this section.
D. Minimum Project Size. The density bonus provided by this chapter shall be available only to a housing development of five or more dwelling units, including mixed-use developments.
E. Condominium Conversion Projects. A condominium conversion project for which a density bonus is requested shall comply with the eligibility and other requirements specified in Government Code Section 65915.5.
F. Commercial Development. When an applicant for approval of a commercial development has entered into an agreement for partnered housing to contribute affordable housing through a joint project or two separate projects encompassing affordable housing, the director shall grant to the commercial developer a development bonus, in compliance with the following:
1. Agreement for Partnered Housing. The agreement for partnered housing shall be between the commercial developer and the housing developer, shall identify how the commercial developer will contribute affordable housing, and shall be approved by the city. Affordable housing may be contributed by the commercial developer in one of the following manners:
a. The commercial developer may directly build the dwelling units;
b. The commercial developer may donate a portion of the parcel or property elsewhere to the affordable housing developer for use as a site for affordable housing; or
c. The commercial developer may make a cash payment to the affordable housing developer that shall be used towards the costs of constructing the affordable housing project.
2. Affordability Requirements. To qualify for a development bonus under this subsection, a commercial developer shall partner with a housing developer that provides at least thirty percent of the dwelling units for low-income households or at least fifteen percent of the dwelling units for very low-income households.
3. Location of Affordable Housing. The housing shall be constructed on the site of the commercial development or on a site that complies with the following:
a. Within the incorporated city;
b. Close to public facilities and services, including schools and employment centers; and
c. Within one-half mile of a major transit stop, as defined in Public Resources Code Section 21155(b).
4. Type of Development Bonus. The development bonus granted to the commercial developer shall mean incentives, mutually agreed upon by the developer and the city, that may include, but are not limited to, any of the following:
a. Up to a twenty percent increase in maximum allowable intensity in the general plan;
b. Up to a twenty percent increase in maximum allowable floor area ratio;
c. Up to a twenty percent increase in maximum height requirements;
d. Up to a twenty percent reduction in minimum parking requirements;
e. Use of a limited-use/limited-application elevator for upper floor accessibility; and/or
f. An exception to the standards established in this zoning code or other land use regulation.
5. Affordable Housing Fee. A development bonus pursuant to this section shall not include a reduction or waiver of the requirements within an ordinance that requires the payment of a fee by a commercial developer for the promotion or provision of affordable housing.
6. Timing of Construction. If the developer of the affordable dwelling units does not commence with construction of those units in accordance with timelines ascribed by the agreement described in subsection (F)(1) of this section, the city may withhold certificates of occupancy for the commercial development under construction until the developer has completed construction of the affordable units. (Ord. 24-01 §2(Exh. A-1)).
17.42.030 Amount of density bonus.
If requested by the applicant, the city shall grant density bonuses in the amounts established in this section.
A. Density Bonus. A housing development that complies with the eligibility requirements established in Section 17.42.020 (Eligibility and requirements), shall be entitled to density bonuses as follows, unless a lesser percentage is proposed by the applicant.
1. Very-Low Income Density Bonus. A housing development that is eligible for a bonus in compliance with the criteria established in Section 17.42.020(A) (Projects Entitled to a Density Bonus) shall be entitled to a density bonus in accordance with Table 17.42-1 (Bonus for Very Low-Income Household Units).
|
Percentage of Very Low-Income Units Proposed |
Percentage Density Bonus |
|---|---|
|
5 |
20 |
|
6 |
22.5 |
|
7 |
25 |
|
8 |
27.5 |
|
9 |
30 |
|
10 |
32.5 |
|
11 |
35 |
|
12 |
38.75 |
|
13 |
42.5 |
|
14 |
46.25 |
|
15--44 |
50 |
|
100* |
80 |
* Applies when one hundred percent of the total units, excluding manager’s units, are restricted to very low, lower, and moderate income (maximum twenty percent moderate).
2. Low-Income Density Bonus. A housing development that is eligible for a bonus in compliance with the criteria established in Section 17.42.020(A) (Projects Entitled to a Density Bonus) shall be entitled to a density bonus calculated in accordance with Table 17.42-2 (Bonus for Low-Income Household Units).
|
Percentage of Low-Income Units Proposed |
Percentage Density Bonus |
|---|---|
|
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 |
|
21 |
38.75 |
|
22 |
42.5 |
|
23 |
46.25 |
|
24--44 |
50 |
|
100* |
80 |
* Applies when one hundred percent of the total units, excluding manager’s units, are restricted to very low, lower, and moderate income (maximum twenty percent moderate).
3. Moderate-Income Density Bonus. A common interest housing development that is eligible for a bonus in compliance with the criteria established in Section 17.42.020(A) (Projects Entitled to a Density Bonus) shall be entitled to a density bonus calculated in accordance with Table 17.42-3 (Bonus for Moderate-Income Household Units).
|
Percentage of Moderate-Income Units Proposed |
Percentage Density Bonus |
|---|---|
|
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 |
|
41 |
38.75 |
|
42 |
42.5 |
|
43 |
46.25 |
|
44 |
50 |
|
100* |
80 |
* Applies when one hundred percent of the total units, excluding manager’s units, are restricted to very low, lower, and moderate income (maximum twenty percent moderate).
4. Land Donation Density Bonus. When an applicant for a tentative map, parcel map, or other residential development approval donates land to the city in compliance with this subsection, the applicant shall be entitled to a density bonus for the entire development, in accordance with Table 17.42-4 (Bonus for Land Donation); 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 approval. See Section 17.42.070 (Donations of land) for additional land donation requirements.
|
Percentage of Very Low-Income Units Proposed |
Percentage Density Bonus |
|---|---|
|
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 |
5. Senior Housing Density Bonus. A housing development that is eligible for a bonus in compliance with the criteria established in Section 17.42.020(A) (Projects Entitled to a Density Bonus) shall be entitled to a density bonus of twenty percent of the number of senior housing units. No affordable units are required to qualify for this bonus.
6. Student Housing Density Bonus. A housing development that is eligible for a bonus in compliance with the criteria established in Section 17.42.020(A) (Projects Entitled to a Density Bonus) and Government Code Section 65915 shall be entitled to a density bonus of thirty-five percent of the student housing units. The term "unit," as used in this subsection, means one rental bed and its pro rata share of associated common area facilities.
7. Transitional Foster Youth, Disabled Veteran, or Homeless Persons Housing Density Bonus. A housing development that is eligible for a bonus in compliance with the criteria established in Section 17.42.020(A) (Projects Entitled to a Density Bonus) shall be entitled to a density bonus of twenty percent of the total number of dwelling units for transitional foster youth, disabled veterans, or homeless persons.
B. Greater or Lesser Bonuses. The city may choose to grant a density bonus greater than provided by this section for a development that meets the requirements of this section or grant a proportionately lower-density bonus for a development that does not fully comply with the requirements of this section.
C. Density Bonus Calculations. For the purpose of density bonus calculations:
1. Fractional units shall be rounded up to the next whole number, in compliance with state law.
2. The residential units do not have to be based upon individual subdivision maps or parcels.
3. The residential units shall be on contiguous parcels that are the subject of one development application.
4. The density bonus shall be permitted in the geographic area of the housing development other than the areas where the units for the lower-income household are located.
5. Affordable housing projects shall choose a density bonus from only one affordability category (e.g., very low-income) and may not combine categories.
6. A density bonus for a senior housing project may not be combined with a density bonus for an affordable housing project.
7. A density bonus for the donation of land may be combined with density bonuses for affordable and senior housing. However, in no case may a total density bonus exceed thirty-five percent.
D. 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, rezone, or other discretionary approval. The granting of a density bonus shall not require or be interpreted to require the waiver of a local ordinance or provisions of a local ordinance unrelated to development standards. (Ord. 24-01 §2(Exh. A-1)).
17.42.040 Continued affordability.
The applicant shall agree to, and the city shall ensure, the continued affordability of the units that qualified the housing development for a density bonus and other incentives and concessions shall continue to be available as affordable dwelling units in compliance with the following requirements, as required by Government Code Section 65915(c):
A. Duration of Affordability. The applicant shall agree to, and the city shall ensure, the continued availability of the dwelling units that qualified the housing development for a density bonus and other incentives and concessions, as follows:
1. Very Low- and Low-Income Dwelling Units. The continued affordability of all very low- and low-income-qualifying dwelling units shall be maintained for fifty-five years, or a longer time if required by the construction or mortgage financing assistance program, mortgage insurance program, rental subsidy program, or by city policy or ordinance.
2. Moderate-Income Dwelling Units in Common Interest Development. The continued availability of moderate-income dwelling units in a common interest development shall be maintained for a minimum of ten years, or a longer time if required by city policy or ordinance.
3. Dwelling Units for Transitional Foster Youth, Disabled Veterans, or Homeless Persons. Dwelling units for transitional foster youth, disabled veterans, or homeless persons shall be subject to a recorded affordability restriction of fifty-five years and shall be provided at the same affordability level as very low-income units.
4. Lower-Income Students in Student Housing Developments. The continued affordability of dwelling units for lower-income students in a student housing development shall be subject to a recorded affordability restriction of fifty-five years.
B. Dwelling Unit Cost Requirements. The rents and owner-occupied costs charged for the dwelling units in the development that qualify the project for a density bonus and other incentives and concessions shall not exceed the following amounts during the period of continued availability required by this subsection:
1. Lower-Income Dwelling Units. Rents for the lower-income density bonus dwelling units shall be set at an affordable rent as defined in Health and Safety Code Section 50053; and
2. Owner-Occupied Dwelling Units. Owner-occupied dwelling units shall be available at an affordable housing cost as defined in Health and Safety Code Section 50052.5.
C. Occupancy and Resale of Moderate Income For-Sale Dwelling Units. An applicant shall agree to, and the city shall ensure that, the initial occupant of all for-sale dwelling units that qualified the applicant for the award of the density bonus are persons and families of very low, low, or moderate income, as required, and that the dwelling units offered at an affordable housing cost, as that cost is defined in Health and Public Safety Code Section 50052.5. The city shall enforce an equity sharing agreement unless it conflicts with the requirements of another public funding source or law. The following requirements apply to the equity sharing agreement:
1. Upon resale, the seller of the dwelling unit shall retain the value of any improvements, the down payment, and the seller’s proportionate share of appreciation.
2. The city shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within five years for any of the purposes described in Health and Safety Code Section 33334.2(e) that promote home ownership. For the purposes of this section:
a. 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 the 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; and
b. The city’s proportionate share of appreciation shall be equal to the ratio of the initial subsidy to the fair market value of the home at the time of initial sale. (Ord. 24-01 §2(Exh. A-1)).
17.42.050 Allowed incentives and concessions.
A. Applicant Request and City Approval. Applicants may request incentives and concessions as follows:
1. In compliance with this section, an applicant for a density bonus in compliance with this chapter and Government Code Section 65915(d) may submit a request for the specific incentives or concessions listed in subsection D of this section (Types of Incentives), and may request a meeting with the director.
2. The applicant may file a request for incentives or concessions either before filing an application for city approval of a proposed project or concurrently with an application for project approval.
B. Consideration of Requested Incentive or Concession. The city shall grant the incentive or concession requested by the applicant unless the council makes a written finding, based on substantial evidence, of any of the following:
1. The incentive or concession does not result in identifiable and actual cost reductions, consistent with Government Code Section 65915(k), to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5, or for rents for the targeted units to be set as specified in Government Code Section 65915(c).
2. The incentive or concession would have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2), upon the public health or 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 without rendering the development unaffordable to low-income and moderate-income households.
3. The incentive or concession would be contrary to state or federal law.
C. Number of Incentives or Concessions. In compliance with Table 17.42-5 (Number of Incentives and Concession), the applicant shall receive the number of incentives or concessions based on the percentage of affordable units in the proposed project.
|
Number of Incentives/Concessions |
Very Low-Income Percentage |
Lower-Income Percentage |
Moderate-Income Percentage |
|---|---|---|---|
|
1 |
5 |
10 |
10 |
|
2 |
10 |
17 |
20 |
|
3 |
15 |
24 |
30 |
|
4 |
100 (very low, low, moderate*) |
100 (very low, low, moderate*) |
100 (very low, low, moderate*) |
* Maximum twenty percent moderate dwelling units.
D. Types of Incentives. For the purposes of this chapter, "concession" or "incentive" means any of the following:
1. A reduction in the site development standards of this zoning code (e.g., parcel coverage limitations, setbacks, on-site open space requirements, reduced parcel sizes, and/or parking requirements) (also see Section 17.42.090 (Reduced parking requirements)), or a modification of architectural design requirements that exceed 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 and actual cost reductions to provide for affordable housing costs, as defined in Health and Safety Code Section 5002.5, or for rents for the targeted units to be set as identified in Section 17.42.040 (Continued availability);
2. Approval of mixed-use land uses not otherwise allowed by this zoning code in conjunction with the housing development, if nonresidential land uses will reduce the cost of the housing development, and the nonresidential land uses are compatible with the housing project and the existing or planned development in the area where the project will be located;
3. Other regulatory incentives proposed by the applicant or the city that will result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5, or for rents for the targeted units to be set as specified in Section 17.42.040 (Continued availability); and/or
4. In its sole and absolute discretion, a direct financial contribution granted by the council, including writing down land costs, subsidizing the cost of construction, or participating in the cost of infrastructure.
E. Effect of Incentive or Concession. The granting of a concession or incentive shall not be interpreted to require a general plan amendment, zoning amendment, study, or discretionary approval. (Ord. 24-01 §2(Exh. A-1)).
17.42.060 Standards for affordable units.
All affordable units built under the provisions of this chapter shall meet the following requirements:
A. Concurrency. Affordable units shall be built concurrently with market rate units unless the city and the applicant agree within the density bonus housing agreement to an alternative schedule for development.
B. Location. Affordable units shall be built on site wherever possible and, where practical, shall be dispersed within the housing development.
C. Unit Size. The average number of bedrooms of the affordable units shall be equivalent or greater to the bedroom mix of the housing development’s other units.
D. Design. The design and appearance of the affordable units shall be compatible with the design of the housing development.
E. Development Standards. Housing developments shall comply with all applicable development standards, except those that may be modified as permitted by this chapter.
F. Linked Sites. Circumstances may arise in which the public interest would be served by allowing some or all of the affordable units associated with one housing development to be produced and operated at an alternative development site. If the developer and the city agree to allow the production and operation of affordable units at an alternative site, the resulting linked developments shall be considered a single housing development for the purposes of this chapter. (Ord. 24-01 §2(Exh. A-1)).
17.42.070 Donations of land.
An applicant shall be eligible for the increased density bonus for land donation provided all the following conditions established in this section are met:
A. Date of Transfer. The applicant shall donate and transfer the land no later than the date of approval of the final subdivision map, parcel map, or residential development application;
B. Developable Acreage. The developable acreage of the land being transferred shall be sufficient to permit construction of units affordable to very low-income households in an amount not less than ten percent of the number of residential units in the proposed development;
C. Minimum Size. The transferred land shall have an area sufficient to permit development of at least forty units;
D. Appropriate Regulations and Infrastructure. The transferred land shall have the appropriate general plan land use designation, zoning and development standards to make the development of affordable units feasible, and it shall have existing or planned public facilities and infrastructure that are adequate to support the development;
E. Entitlements. No later than the date of approval of the final subdivision map, parcel map, or residential development application, the transferred land shall have all the permits and approvals, other than building permits, necessary for the development of the very low-income housing units on the transferred land;
F. Deed Restriction. The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units, in compliance with Section 17.42.040 (Continued affordability). The restriction shall be recorded on the property at the time of dedication;
G. Recipient. The land shall be transferred to the city or to a housing developer approved by the city. The city may require the applicant to identify and transfer the land to the developer;
H. Location. The transferred land shall be within the boundary of the proposed development or, if the city agrees, within one-quarter mile of the boundary of the proposed development; and
I. Funding. A proposed source of funding for the 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. (Ord. 24-01 §2(Exh. A-1)).
17.42.080 Waivers or reductions of development standards.
A. Eligibility. An applicant who applies for a density bonus may also request a waiver or reduction of any development standard that would physically prevent the construction of the development project.
B. Development Standards Defined. Development standards shall include the following:
1. Development standards include any adopted city standard or regulation related to the physical location or type of construction, including but not limited to structure height, setbacks, parking, floor area ratio, and the placement of public works improvements.
2. As defined in this section, development standards do not include land use regulations, permitting procedures, inclusionary housing requirements, or development impact fees.
C. Number of Waivers or Reductions. Requested waivers and reductions shall comply with the following:
1. There shall be no limit to the number of waivers or reductions available to an applicant.
2. The approval of waivers or reductions shall neither reduce nor increase the number of incentives available to a project established in Section 17.42.050 (Allowed incentives and concessions).
D. Justification of Approval. The city shall approve the requested waiver or reduction if the applicant can demonstrate that it is physically impossible to construct the project without the waiver or reduction.
E. Provisions of Waivers or Reductions. The city shall approve the requested waiver or reduction, unless the city makes a written finding, based upon substantial evidence, of either of the following:
1. The waiver or reduction would have a specific adverse impact, as defined in Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment, or on any real property that is listed in the California Register of Historical Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low-income and moderate-income households.
2. The waiver or reduction is contrary to state or federal law. (Ord. 24-01 §2(Exh. A-1)).
17.42.090 Reduced parking requirements.
A. Applicability. This section applies to a development that meets the requirements of Sections 17.42.020 (Eligibility and requirements) and 17.42.040 (Continued affordability), but only at the request of the applicant. An applicant may request additional parking incentives or concessions beyond those provided in this section in compliance with Section 17.42.050 (Allowed concessions and incentives) through either a modification, variance, or other modification process approved by the director. A request in compliance with this section shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled as established in Section 17.42.050 (Allowed concessions or incentives).
B. Maximum Parking Requirements. At the request of the applicant, the city shall not require more than the parking ratios established in Table 17.42-6 (Maximum Parking Requirements) for a density bonus project, inclusive of parking for persons with disabilities and guest parking.
|
Dwelling Type/Number of Bedrooms |
Parking Spaces |
|---|---|
|
Studio |
1 |
|
1 Bedroom |
1 |
|
2 Bedroom |
1.5 |
|
3 Bedroom |
1.5 |
|
4+ Bedroom |
2.5 |
C. Special Parking Requirements. At the request of the applicant, the city shall allow reduced parking ratios (inclusive of parking for persons with disabilities and guest parking) for the project types established in Table 17.42-7 (Special Parking Requirements).
|
Project Type |
Parking Spaces (spaces per unit) |
|---|---|
|
Rental/for-sale projects with at least eleven percent very low-income or twenty percent lower-income units, within one-half mile of accessible(1) major transit stop. |
0.5 |
|
Rental projects one hundred percent affordable to lower-income, within one-half mile of accessible(1) major transit stop. |
0 |
|
Rental senior(3) projects one hundred percent affordable to lower-income, either with paratransit service or within one-half mile of an accessible(1) bus route.(2) |
0 |
|
Rental special needs projects one hundred percent affordable to lower-income households, either with paratransit service or within one-half mile of accessible(1) bus route.(2) |
0 |
|
Rental supportive housing developments one hundred percent affordable to lower income households. |
0 |
(1) Access to major transit stops shall be unobstructed and without natural or constructed impediments. In compliance with Government Code Section 65915, "natural or constructed impediments" includes, but is not limited to, freeways, rivers, mountains, and bodies of water, but does not include residential structures, shopping centers, parking lots, or rails used for transit.
(2) Bus routes shall be fixed and operate at least eight times per day.
(3) Sixty-two years of age or older in compliance with Civil Code Sections 51.2 and 51.3.
D. Parking Study. If the city, or an independent consultant, has conducted an area-wide or citywide parking study in the last seven years, then the city may impose a higher vehicular parking ratio based upon substantial evidence found in the parking study that includes, but is not limited to, an analysis of parking availability, differing levels of transit access, walkability access to transit services, the potential for shared parking, the effect of parking requirements on the cost of market-rate and subsidized developments, and the lower rates of car ownership for low-income and very low-income individuals, including seniors and special needs individuals. The city shall pay the costs of any new study. The city shall make findings, based on a parking study completed in conformity with this subsection, supporting the need for the higher parking ratio.
E. Location of Parking. For purposes of this section, a development may provide on-site parking through tandem parking or uncovered parking, but not through on-street parking.
F. Parking Space Calculation. 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. (Ord. 24-01 §2(Exh. A-1)).
17.42.100 Housing with childcare facilities.
A. Housing Developments Childcare Facilities. When an applicant proposes to construct a housing development that complies with the resident and project size requirements of Section 17.42.020 (Eligibility and requirements) and includes as part of that development a childcare facility that will be located on the site of, as part of, or adjacent to the housing development, the city shall grant either an additional density bonus or an additional incentive or concession.
1. Bonuses and Incentives. The city shall grant a housing development that includes a childcare facility in compliance with this section one of the following:
a. An additional density bonus that is an amount of floor area in square feet of residential space that is equal to or greater than the floor area of the childcare facility; or
b. An additional incentive or concession that contributes significantly to the economic feasibility of the construction of the childcare facility.
2. Determination of Adequate Childcare Facilities. The city shall not be required to provide a density bonus or concession for a childcare facility in compliance with this section if it finds, based upon substantial evidence, that the community has adequate childcare facilities.
B. Commercial Developments Childcare Facilities. An applicant for a commercial development project, containing at least fifty thousand square feet of floor area, may be granted a density bonus when that applicant agrees to set aside at least two thousand square feet of interior floor area and three thousand outdoor square footage to be used for a childcare facility, in compliance with Government Code Section 65917.5.
1. Bonuses and Incentives. The city shall grant a commercial development that includes a childcare facility in compliance with this section one of the following:
a. A maximum of five square feet of floor area for each one square foot of floor area contained in the childcare facility located in an existing childcare facility; or
b. A maximum of ten square feet of floor area for each one square foot of floor area contained in the childcare facility located in a new childcare facility.
2. Qualifications Requirements. Childcare facilities shall be subject to the following:
a. For purposes of calculating the allowable density bonus under this subsection, both the total area contained within the exterior walls of the childcare facility and all outdoor areas devoted to the use of the facility in compliance with applicable state childcare licensing requirements shall be considered.
b. The childcare facility shall be of a sufficient size to comply with all applicable state licensing requirements to accommodate at least forty children.
c. This facility may be located either on the project site or may be located off-site as agreed upon by the applicant and the city.
d. If the childcare facility is not located on the site of the development project, the city shall determine whether the location of the facility is appropriate and whether it complies with the purpose and intent of this section.
e. The granting of a density bonus shall not preclude the city from imposing necessary conditions on the development project or on the additional square footage in compliance with Government Code Section 65917.5. (Ord. 24-01 §2(Exh. A-1)).
17.42.110 Application and review.
A. Application. An application for a density bonus or donation of land for housing shall be filed and processed in compliance with this chapter as part of entitlement application. Approval of density bonus shall be determined by the planning commission consistent with noticing and review process. If desired, a request for specific incentives or concessions, listed in Section 17.42.050 (Allowed incentives or concessions), may be filed in compliance with Government Code Section 65915.
B. Determination. Within thirty days of filing the application, the director shall notify the applicant in writing whether the application is complete and provide the applicant a determination as to:
1. The amount of the density bonus for which the project is eligible;
2. The parking ratio for which the project is eligible, if requested; and
3. Whether the applicant has provided enough information for the city to make a determination as to the requested incentives or concessions, if incentives or concessions are requested. (Ord. 24-01 §2(Exh. A-1)).
17.42.120 Density bonus housing agreement.
A. Agreement Required. An applicant requesting a density bonus shall agree to enter into a density bonus agreement (referred to as the "agreement") with the city in the city’s standard form of agreement.
B. Agreement Provisions. Density bonus request shall comply with the following agreement provisions:
1. Project Information. The agreement shall include at least the following information about the project:
a. The total number of dwelling units approved for the housing development, including the number of designated dwelling units;
b. A description of the household income group to be accommodated by the housing development, and the standards and methodology for determining the corresponding affordable rent or affordable sales price and housing cost consistent with the United States Department of Housing and Urban Development Guidelines;
c. The marketing plan for the affordable dwelling units;
d. The location, size (square feet), and number of bedrooms of the designated dwelling units;
e. Tenure of the use restrictions for designated dwelling units of the time periods required by Section 17.42.040 (Continued affordability);
f. A schedule for completion and occupancy of the designated dwelling units;
g. A description of the additional incentives and concessions being provided by the city;
h. A description of the remedies for breach of the agreement by the owners, developers, and/or successors in interest of the project; and
i. Other provisions to ensure successful implementation and compliance with this chapter.
2. Minimum Requirements. The agreement shall provide, at minimum, that:
a. The developer shall give the city the continuing right of first refusal to lease or purchase any or all the designated dwelling units at the appraised value;
b. The deeds to the designated dwelling units shall contain a covenant stating that the developer or successors in interest shall not assign, lease, rent, sell, sublet, or otherwise transfer any interests for designated units without the written approval of the city;
c. When providing the written approval, the city shall confirm that the price (rent or sale) of the designated dwelling unit is consistent with the limits established for low- and very low-income households, as published by the United States Department of Housing and Urban Development;
d. The city shall have the authority to enter into other agreements with the developer, or purchasers of the designated dwelling units, to ensure that the required dwelling units are continuously occupied by eligible households;
e. Applicable deed restrictions, in a form satisfactory to the city attorney, shall contain provisions for the enforcement of owner or developer compliance. Any default or failure to comply may result in foreclosure, specific performance, or withdrawal of the certificate of occupancy;
f. In any action taken to enforce compliance with the deed restrictions, the city attorney shall, if compliance is ordered by a court of competent jurisdiction, take all action that may be allowed by law to recover all the city’s costs of action including legal services; and
g. Compliance with the agreement will be monitored and enforced in compliance with the measures included in the agreement.
C. Conditions by Project Type. Conditions for density bonus request shall comply with the following:
1. For-Sale Housing. In the case of a for-sale housing development, the agreement shall provide for the following conditions governing the initial sale and use of designated dwelling units during the applicable restriction period:
a. Designated dwelling units shall be owner-occupied by eligible households, or by qualified residents in the case of senior housing; and
b. The initial purchaser of each designated dwelling unit shall execute an instrument or agreement approved by the city which:
i. Restricts the sale of the unit in compliance with this chapter, or other applicable city policy or ordinance, during the applicable use restriction period;
ii. Contains provisions as the city may require ensuring continued compliance with this chapter and state law; and
iii. Shall be recorded against the parcel containing the designated dwelling unit.
2. Rental Housing. In the case of a rental housing development, the agreement shall provide for the following conditions governing the use of designated dwelling units during the applicable restriction period:
a. The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies, and maintaining the designated dwelling units for qualified tenants;
b. Provisions requiring owners to annually verify tenant incomes and maintain books and records to demonstrate compliance with this chapter;
c. Provisions requiring owners to submit an annual report to the city, which includes the name, address, and income of each person occupying the designated dwelling units, and which identifies the bedroom size and monthly rent or cost of each unit; and
d. The applicable use restriction period shall comply with the time limits for continued availability in Section 17.42.040 (Continued affordability).
3. Moderate-Income Housing. In the case of affordable units for moderate-income households, the density bonus housing agreement shall provide for the following requirements:
a. The initial sale of each affordable unit shall be to a household that meets the income requirement for the affordable unit.
b. When the initial purchaser sells the unit, the initial purchaser shall retain the value of any improvements, the down payment, and the value of the unit’s appreciation, less the city’s share of the appreciation.
c. When the initial purchaser sells the unit, the city shall receive a share of the unit’s appreciation equal to the percentage by which the initial sale price to the moderate-income household was less than the fair market value of the home at the time of initial sale. The city shall use this share of appreciation for any of the purposes established in Health and Safety Code Section 33334.2(e).
4. Childcare Facility. In the case of childcare facilities for which a density bonus or additional incentive is being granted, the density bonus housing agreement shall provide for the following requirements:
a. Operating duration requirements for the childcare facility, such that the childcare facility shall remain in operation for as long as or longer than the period during which the density bonus units are required to remain affordable.
b. Provisions requiring that for children who attend the childcare facility, the percentage of children from the income group associated with the development’s affordable units shall be equal to or greater than the minimum percentage of affordable units that shall be provided for that income group to receive a density bonus to the requirements of this section.
D. Agreement Execution. Agreements shall be executed as follows:
1. Following the council’s approval of the agreement, and execution of the agreement by all parties, the city shall record the completed agreement on the parcels designated for the construction of designated dwelling units.
2. The approval of the agreement shall take place at the same time as the approval of any required final map or, where a map is not being processed, before the issuance of building permits for the project. Recordation of the agreement shall take place as soon as possible after the approval of any required final map or, where a map is not being processed, before the issuance of any building permit for the project.
3. The agreement shall be binding on all future owners, developers, and/or successors in interest. (Ord. 24-01 §2(Exh. A-1)).