Chapter 21.32
DENSITY BONUS
Sections:
21.32.020 Coastal Act Consistency.
21.32.030 Density Bonus, Concessions, Incentives, and Waivers.
21.32.010 Purpose.
The purpose of this chapter is to provide a means for granting density bonuses and incentives in compliance with State Density Bonus Law, Government Code Section 65915 et seq., as the same may be amended from time to time. (Ord. 2024-21 § 1 (Exh. A(2)), 2024)
21.32.020 Coastal Act Consistency.
A. California Government Code Section 65915(m) provides that density bonus law shall not be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976. Any density bonus, concessions, incentives, waivers or reductions of development standards, and parking ratios to which the applicant is entitled under California State Government Code Section 65915 et seq., shall be permitted in a manner that is consistent with that section and the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Act Code).
B. A requested density bonus and any requested incentive, concession, waiver, modification, or modified parking standard shall comply with all applicable standards and use regulations of the certified Local Coastal Program Implementation Plan, with the exception of the development standards waived, reduced, or modified through density bonus provisions. In no case shall the coastal resource protection development regulations of Sections 21.28.040 (Bluff (B) Overlay District), 21.28.050 (Canyon (C) Overlay District), 21.30.015(D) (Waterfront Development), 21.30.015(E)(2) (Development in Shoreline Hazardous Areas) and 21.30.100 (Scenic and Visual Quality Protection), or Chapters 21.30A (Public Access and Recreation) and 21.30B (Habitat Protection) be waived, reduced, or modified. (Ord. 2024-21 § 1 (Exh. A(2)), 2024)
21.32.030 Density Bonuses, Concessions, Incentives, and Waivers.
Unless restricted by Section 21.32.020 (Coastal Act Consistency), eligible housing development or mixed-use development projects may be granted density bonuses, concessions, incentives, and waivers pursuant to California State Government Code Section 65915 et seq., which may be amended from time to time. (Ord. 2024-21 § 1 (Exh. A(2)), 2024)
21.32.040 Approval Process.
An applicant requesting a density bonus, incentive, concession, or waiver pursuant to this chapter shall require approval of a coastal development permit or waiver pursuant to Chapter 21.52 (Coastal Development Review Procedures). (Ord. 2024-21 § 1 (Exh. A(2)), 2024)
Chapter 21.34
CONVERSION OR DEMOLITION OF AFFORDABLE HOUSING
Sections:
21.34.050 Replacement of Affordable Housing.
21.34.010 Purpose.
The purpose of this chapter is to:
A. Be consistent with and implement the provisions of the Mello Act (Government Code Section 65590); and
B. Maintain the number of low- and moderate-income dwelling units within the coastal zone. (Ord. 2016-19 § 9 (Exh. A)(part), 2016)
21.34.020 Applicability.
The provisions of this chapter shall apply to the conversion or demolition of existing residential dwelling units within the coastal zone occupied by persons or families of low or moderate income (“affordable units”), as defined in Health and Safety Code Section 50093, when either of the following occurs:
A. The conversion or demolition of eleven (11) or more dwelling units located in two or more structures; or
B. The conversion or demolition of three or more dwelling units located in one structure. (Ord. 2016-19 § 9 (Exh. A)(part), 2016)
21.34.030 Exemptions.
The provisions of this chapter shall not apply to the following:
A. Demolition of a Public Nuisance. The demolition of a residential structure that has been declared a public nuisance; or
B. Replacement with a Coastal Dependent or Coastal-Related Use. The conversion or demolition of a residential structure for purposes of a coastal-dependent or coastal-related use; or
C. Land Availability. The conversion or demolition of a residential structure when there are less than fifty (50) acres, in aggregate, of privately owned, vacant land available for residential use within the City’s coastal zone or within three miles inland of the coastal zone. (Ord. 2016-19 § 9 (Exh. A)(part), 2016)
21.34.050 Replacement of Affordable Housing.
A. One-for-One Replacement. If the Director determines that the proposed conversion or demolition activities involve affordable dwelling units, replacement of the affordable dwelling units shall be provided on a one-for-one basis, unless the Director determines that replacement is not feasible.
B. Location of Replacement Units. Replacement dwelling units shall be located on the site of the converted or demolished structure(s) or elsewhere within the coastal zone if feasible. If location on the site or elsewhere within the coastal zone is not feasible, the replacement units shall be located within three miles of the coastal zone. (Ord. 2016-19 § 9 (Exh. A)(part), 2016)