Chapter 18.65
RESIDENTIAL DENSITY BONUS PROVISIONS
Sections:
18.65.06 General Density Bonus Provisions.
18.65.08 Calculation of Density Bonus.
18.65.10 Incentives and Concessions.
18.65.12 Waiver or Reduction of Development Standards.
18.65.14 Additional Density Bonus Through Donation of Land.
18.65.18 City’s Discretion in Granting Density Bonus.
Prior legislation: Ord. 965.
18.65.02 Intent and Purpose.
The intent and purpose of this chapter is: (A) to facilitate the production of housing for all income levels and special needs households, including senior citizen housing; (B) facilitate the development of rental housing for households in all income categories identified by the California Government Code as it pertains to the development of affordable housing; and (C) to implement Sections 65915, 65915.5 and 65917 of the California Government Code as required by Section 65915(a). In enacting this chapter, the City also intends to implement the goals, objectives, and policies of the City’s general plan housing element to encourage the construction of affordable housing in the City. It is also the City’s intent to encourage the development of rental housing to serve an economically diverse community. Accordingly, the City desires to provide a density bonus upon the request of an applicant when the applicant includes affordable or senior citizen restricted units in a project. This chapter implements the laws for density bonuses and other incentives and concessions available to qualified applicants under Government Code Sections 65915 through 65918. In the event these Government Code sections are amended, those amended provisions shall be incorporated into this chapter as if fully set forth herein. (Ord. 1106 Sec. 1, 2023)
18.65.04 Definitions.
For purposes of this chapter, the following definitions apply:
“Affordable housing cost” has the definition set forth in California Health and Safety Code Section 50052.5.
“Affordable rent” has the definition set forth in California Health and Safety Code Section 50053.
“Approval authority” means the City Council, Planning Commission, or Director. The approval authority shall be the person or body that has the authority to approve the plot plan or other applications for the subject housing development under the zoning ordinance or subdivision ordinance.
“Child care facility” means 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.
“Common interest development” has the definition set forth in California Civil Code Section 4100.
“Concession” or “incentive” means any of the following:
1. A reduction in site development standards or a modification of zoning ordinance requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission, as provided in Part 2.5 (the State Building Code commencing with Health and Safety Code Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements, and in the ratio of vehicular parking spaces that would otherwise be required, that results in identifiable and actual cost reductions to provide for affordable housing costs or affordable rents.
2. Approval of mixed-use zoning in conjunction with a housing project, if commercial, office, industrial or other land uses will reduce the cost of a housing development, and if the commercial, office, industrial or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located.
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 or affordable rents.
This definition does not limit or require the provision of direct financial incentives for a housing development, including the provision of publicly owned land by the City or the waiver of fees or dedication requirements.
“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.
“Development standard” means a site or construction condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an on-site open space requirement, a minimum lot area per unit requirement, or a parking ratio that applies to a residential development pursuant to any ordinance, general plan element, specific plan, or other City condition, law, policy, resolution or regulation.
“Director” means the Planning Director or the Director’s designee.
“Housing development” means a development project for five or more residential units, including mixed-use developments. “Housing development” also includes a subdivision or common interest development consisting 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 where the result of the rehabilitation would be a net increase in the number of residential units. For the purpose 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 is permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located.
“Lower-income households” has the definition set forth in California Health and Safety Code Section 50079.5.
“Major transit stop” has the same meaning as defined in Public Resources Code Section 21155(b).
“Maximum allowable residential density” or “base density” means the maximum number of units allowed under the zoning ordinance, specific plan, or land use element of the general plan, or if a range of density is permitted, the maximum number of units allowed by the specific zoning range, specific plan, or land use element of the general plan applicable to the project. If the density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan or specific plan, the greater shall prevail. Density shall be determined using dwelling units per acre. However, if the applicable zoning ordinance, specific plan, or land use element of the general plan does not provide a dwelling-units-per-acre standard for density, then the City shall calculate the number of units as provided for in Government Code Section 65915(o)(6).
“Moderate-income households” has the definition for “persons or families of moderate income” set forth in California Health and Safety Code Section 50093(b).
“Multifamily dwelling” has the definition set forth in California Government Code Section 65863.4(d).
“Qualified nonprofit housing corporation” is a nonprofit housing corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no-interest loan program.
“Senior citizen housing development” has the definition set forth in California Civil Code Section 51.3.
“Shared housing building” means a residential or mixed-use structure, with five or more shared housing units and one or more common kitchens and dining areas designed for permanent residence of more than 30 days by its tenants. The kitchens and dining areas within the shared housing building shall be able to adequately accommodate all residents. If a local ordinance further restricts the attributes of a shared housing building beyond the requirements established in this section, the local definition shall apply to the extent that it does not conflict with the requirements of this section. A “shared housing building” may include other dwelling units that are not shared housing units; provided, that those dwelling units do not occupy more than 25 percent of the floor area of the shared housing building. A shared housing building may include 100 percent shared housing units. When an applicant proposes to construct a housing development that conforms to the requirements of Section 18.65.06(B)(1) or (2) that is a shared housing building, the City shall not require any minimum unit size requirements or minimum bedroom requirements that are in conflict with this definition.
“Shared housing unit” means one or more habitable rooms, not within another dwelling unit, that includes a bathroom, sink, refrigerator, and microwave, is used for permanent residence, that meets the “minimum room area” specified in Section R304 of the California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations) and complies with the definition of “guestroom” in Section R202 of the California Residential Code. If a local ordinance further restricts the attributes of a shared housing building beyond the requirements established in this section, the local definition shall apply to the extent that it does not conflict with the requirements of Government Code Section 65915. For purposes of calculating a density bonus granted pursuant to this section for a shared housing building, “unit” means one shared housing unit and its pro rata share of associated common area facilities.
“Specific, adverse impact” has the definition set forth in California Government Code Section 65589.5(d)(2).
“Total units,” “total dwelling units,” or “total rental beds” does not include units added by a density bonus awarded pursuant to this section or any local law granting a greater density bonus.
“Very low-income households” has the definition set forth in California Health and Safety Code Section 50105.
“Very low vehicle travel area” means an urbanized area, as designated by the United States Census Bureau, where the existing residential development generates vehicle miles traveled per capita that is below 85 percent of either regional vehicle miles traveled per capita, or City vehicle miles traveled per capita. For purposes of this definition, “area” may include a travel analysis zone, hexagon, or grid. For the purposes of determining “regional vehicle miles traveled per capita” pursuant to this definition, a “region” is the entirety of incorporated and unincorporated areas governed by a multicounty or single-county metropolitan planning organization, or the entirety of the incorporated and unincorporated areas of an individual county that is not part of a metropolitan planning organization. (Ord. 1106 Sec. 1, 2023)
18.65.06 General Density Bonus Provisions.
A. Application. Any person that desires a density bonus pursuant to this chapter must make an application on a form approved by the Director at the time of submitting an entitlement application for the housing development for which a density bonus is requested.
B. Available Density Bonus Options. The approval authority will grant one density bonus, the amount of which will not exceed the amounts specified in Section 18.65.08, when an applicant for a housing development seeks and agrees to construct a housing development, excluding any units permitted by the density bonus awarded pursuant to this chapter, that satisfies one of the following criteria:
1. Ten percent of the total units of a housing development, including a shared housing building development, are for lower-income households.
2. Five percent of the total units of a housing development, including a shared housing building development, are for very low-income households.
3. The housing development is a senior citizen housing development. For purposes of this subsection, “development” includes a shared housing building development.
4. The housing development is a common interest development and 10 percent of the total dwelling units are for moderate-income households; provided, that all units in the housing development are offered to the public for purchase.
5. Ten percent of the total units are for transitional foster youth, as defined in Section 66025.9 of the Education Code, disabled veterans, as defined in Section 18541, or homeless persons, as defined in the Federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Section 11301 et seq.).
6. Twenty percent of the total units are for lower-income students in a student housing development that meets the requirements of Government Code Section 65915(b)(1)(F).
7. One hundred percent of all units in the development, including total units and density bonus units, but exclusive of a manager’s unit or units, are for lower-income households, except that up to 20 percent of the units in the development, including total units and density bonus units, may be for moderate-income households. For purposes of this subsection, “development” includes a shared housing building development.
C. Applicant’s Election of Basis for Bonus. For purposes of calculating the amount of the density bonus pursuant to Section 18.65.08, the applicant who requests a density bonus pursuant to this section must elect whether the bonus will be awarded on the basis of subsection (B)(1), (2), (3), (4), (5), (6), or (7) of this section.
D. Continued Affordability.
1. An applicant must agree to the continued affordability of all low- and very low-income rental units that qualified the applicant for the award of the density bonus for 55 years or a longer period of time if required by any applicable construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program.
a. Rents for the lower-income density bonus units must be set at an affordable rent.
b. Rents for all units in a housing development receiving a density bonus under subsection (B)(7) of this section shall be as follows:
i. The rent for at least 20 percent of the units in the development shall be set at an affordable rent.
ii. The rent for the remaining units in the development shall be set at an amount consistent with the maximum rent levels for lower-income households, as those rents and incomes are determined by the California Tax Credit Allocation Committee.
2. The City will require an equity-sharing agreement pursuant to Government Code Section 65915(c)(2), unless such an agreement would be in conflict with the requirements of another public funding source or law or may defer to the recapture provisions of the public funding source. The following apply to the equity sharing agreement:
a. Upon resale, the seller of the unit may retain the value of any improvements, the down payment, and the seller’s proportionate share of appreciation. The City will recapture any initial subsidy and its proportionate share of appreciation, if any, which amount must then be used within five years for any of the purposes that promote home ownership, as described in California Health and Safety Code Section 33334.2(e).
b. The City’s initial subsidy will 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 will be used as the initial market value.
c. The City’s proportionate share of appreciation will be equal to the ratio of the initial subsidy to the fair market value of the unit at the time of initial sale.
3. Notwithstanding subsection (D)(2) of this section, for-sale units may be purchased by a qualified nonprofit housing corporation pursuant to a recorded contract that satisfies all of the requirements specified in Section 402.1(10)(a) of the Revenue and Taxation Code and includes all of the requirements stated in Government Code Section 65915(c)(2)(A)(ii).
E. Eligibility. An applicant shall be ineligible for a density bonus or any other incentives or concessions under this chapter if the housing development is proposed on any property that includes a parcel or parcels on which rental dwelling units are or, if the dwelling units have been vacated or demolished in the five-year period preceding the application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; subject to any other form of rent or price control through a public entity’s valid exercise of its police power; or occupied by lower- or very low-income households, unless the proposed housing development replaces those units, as “replace” is defined in Government Code Section 65915(c)(3)(B), and either of the following applies:
1. The proposed housing development, inclusive of the units replaced pursuant to this subsection, contains affordable units at the percentages set forth in subsection (B) of this section.
2. Each unit in the development, exclusive of a manager’s unit or units, is affordable to, and occupied by, either a lower- or very low-income household. (Ord. 1106 Sec. 1, 2023)
18.65.08 Calculation of Density Bonus.
A. The amount of density bonus to which the applicant is entitled will vary according to the amount by which the percentage of affordable housing units exceeds the percentage established in Section 18.65.06(B). The applicant may elect to accept a lesser percentage of density bonus.
B. For housing developments meeting the criteria of Section 18.65.06(B)(1) (10 percent of the total units are for lower-income households), the density bonus will be calculated as follows:
|
Percentage (%) of Low-Income Units |
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 |
50 |
C. For housing developments meeting the criteria of Section 18.65.06(B)(2) (five percent of the total units are for very low-income households), the density bonus will be calculated as follows:
|
Percentage (%) of Very Low-Income Units |
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 |
50 |
D. For housing developments meeting the criteria of Section 18.65.06(B)(3) (senior citizen housing development), the density bonus will be 20 percent of the number of senior housing units.
E. For housing developments meeting the criteria of Section 18.65.06(B)(4) (common interest development with 10 percent of the total dwelling units for moderate-income households), the density bonus will be calculated as follows:
|
Percentage (%) of Moderate-Income Units |
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 |
F. For housing developments meeting the criteria of Section 18.65.06(B)(5) (10 percent of the total units are for transitional foster youth, disabled veterans, or homeless persons), the density bonus shall be 20 percent of the number of the type of units giving rise to a density bonus under that subsection.
G. For housing developments meeting the criteria of Section 18.65.06(B)(6) (20 percent of the total units are for lower-income students), the density bonus shall be 35 percent of the student housing units.
H. For housing developments meeting the criteria of Section 18.65.06(B)(7) (100 percent of units are for lower-income households), the following shall apply:
1. Except as otherwise provided in subsections (H)(2) and (3) of this section, the density bonus shall be 80 percent of the number of units for lower-income households.
2. If the housing development is located within one-half mile of a major transit stop, the City shall not impose any maximum controls on density.
3. If the housing development is located in a very low vehicle travel area, the City shall not impose any maximum controls on density.
I. All density calculations resulting in fractional units will be rounded up to the next whole number. (Ord. 1106 Sec. 1, 2023)
18.65.10 Incentives and Concessions.
A. Application. Any person that desires incentives and/or concessions pursuant to this chapter must make an application on a form approved by the Director at the time of submitting an entitlement application for the housing development for which a density bonus is requested.
B. Number of Incentives. Subject to subsection (C) of this section, the applicant will receive the following number of incentives or concessions:
1. One incentive or concession for housing developments that include at least 10 percent of the total units for lower-income households, at least five percent for very low-income households, or at least 10 percent for moderate-income households in a common interest development.
2. Two incentives or concessions for housing developments that include at least 17 percent of the total units for lower-income households, at least 10 percent for very low-income households, or at least 20 percent for moderate-income households in a common interest development.
3. Three incentives or concessions for housing developments that include at least 24 percent of the total units for lower-income households, at least 15 percent for very low-income households, or at least 30 percent for moderate-income households in a common interest development.
4. Four incentives or concessions for housing developments that include 100 percent of the total units, not including manager’s units, for lower-income households, except that up to 20 percent of the units may be for moderate-income households. If the project is located within one-half mile of a major transit stop or is located in a very low vehicle travel area, the applicant shall also receive a height increase of up to three additional stories, or 33 feet.
C. Findings. The approval authority must grant the concessions or incentives requested by the applicant, unless it makes a written finding, based upon substantial evidence, that:
1. The concession or incentive does not result in identifiable and actual cost reductions to provide for affordable housing costs or for affordable rents as specified in Section 18.65.06(D);
2. The concession or incentive would have a specific, adverse impact upon public health and safety, or the physical environment, or on any real property 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- and moderate-income households; or
3. The concession or improvement would be contrary to State or Federal law. (Ord. 1106 Sec. 1, 2023)
18.65.12 Waiver or Reduction of Development Standards.
A. Application. Any person that desires a waiver or reduction of one or more development standards pursuant to this chapter must make an application on a form approved by the Director at the time of submitting an entitlement application for the housing development for which the development standard waiver or reduction is requested. A waiver or reduction of development standards shall neither reduce nor increase the number of incentives or concessions that the applicant is entitled to under Section 18.65.10.
B. Findings. The approval authority must waive or reduce the development standard requested by the applicant, unless it makes a written finding, based upon substantial evidence, that:
1. The development standard does not physically preclude the construction of the proposed housing development at the densities or with the concessions or incentive permitted by this chapter;
2. The waiver or reduction would have a specific, adverse impact upon public health and safety, or the physical environment, or on any real property listed in the California Register of Historical Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact; or
3. The waiver or reduction would be contrary to State or Federal law. (Ord. 1106 Sec. 1, 2023)
18.65.14 Additional Density Bonus Through Donation of Land.
A. Criteria for Additional Density Bonus. An applicant for a housing development will be eligible for the additional density bonus described in this section if all of the following conditions are met:
1. The applicant donates and transfers land to the City no later than the date of approval of the final subdivision map or parcel map or residential development application.
2. 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 10 percent of the total number of residential units in the applicant’s proposed housing development.
3. The transferred land is at least one acre in size or of sufficient size to permit development of at least 40 units, has the appropriate general plan designation, is appropriately zoned for development as affordable housing at the density described in Government Code Section 65583.2(c)(3), and is or will be served by adequate public facilities and infrastructure.
a. The land must have appropriate zoning and development standards to make the development of the affordable units feasible.
b. No later than the date of approval of the final subdivision map, parcel map, or of the residential development, the transferred land must have all of the permits and approvals, other than building permits, necessary for the development of the very low-income housing units on the transferred land, except that the local government may subject the proposed development to subsequent design review, to the extent authorized by California Government Code Section 65583.2(i), if the design is not reviewed by the City prior to the time of transfer.
4. The transferred land and the affordable units will be subject to a deed restriction ensuring continued affordability of the units consistent with Sections 18.65.06(E)(1) and (2), which restriction will be recorded on the property at the time of the transfer.
5. The land is 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 such housing developer.
6. The transferred land must be within the boundary of the proposed housing development or, if the City agrees, within one-quarter mile of the boundary of the proposed housing development.
7. 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.
B. Grant of Additional Density. When an applicant for a housing development approval donates land to the City that meets the criteria of subsection (A) of this section, the applicant will be entitled to an increase above the otherwise maximum allowable residential density under the applicable zoning and the land use designation of the general plan for the entire development, as follows:
|
Percentage (%) of Very Low-Income |
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 |
C. Limitations. This increase provided for in this section is in addition to any increase in density mandated by Section 18.65.06(B), up to a maximum combined density increase of 35 percent, if an applicant seeks increases required pursuant to both this section and Section 18.65.06(B).
1. All density calculations resulting in fractional units will be rounded up to the next whole number.
2. Nothing in this section will be construed to enlarge or diminish the authority of the City to require a developer to donate land as a condition of development. (Ord. 1106 Sec. 1, 2023)
18.65.16 Additional Density Bonus or Concession or Incentive Through Provision of Child Care Facility.
A. Grant of Additional Density, Incentives, or Concessions. When an applicant proposes to construct a housing development that conforms to one of the criteria listed in Section 18.65.06(B) and includes a child care facility that will be located on the premises of, as part of, or adjacent to the housing development, the approval authority must grant one of the following:
1. 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 child care facility; or
2. An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility.
B. Conditions of Approval. The approval authority will require as a condition of approving the housing development that the following occur:
1. The child care facility must remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable pursuant to Section 18.65.06(E).
2. Of the children who attend the child care facility, the children of very low-income households, lower-income households, or moderate-income households must equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low-income households, lower-income households, or moderate-income households pursuant to Section 18.65.06(B).
C. Adequate Facilities Exception. Notwithstanding any requirement of this section, the Planning Commission or City Council is not required to provide a density bonus or concession for a child care facility if it finds, based upon substantial evidence, that the community has adequate child care facilities. (Ord. 1106 Sec. 1, 2023)
18.65.18 City’s Discretion in Granting Density Bonus.
Nothing in this chapter will be construed to prohibit the approval authority from granting a density bonus greater than what is described in this chapter for a housing development that meets the requirements of this chapter, or from granting a proportionately lower density bonus than what is required by this chapter for housing developments that do not meet the requirements of this chapter. (Ord. 1106 Sec. 1, 2023)
18.65.20 Parking Standards.
A. Maximum Ratios. Upon the request of the applicant, the City will not require a vehicular parking ratio, inclusive of handicapped and guest parking, of a housing development meeting one of the criteria listed in Section 18.65.06(B) that exceeds the following ratios:
1. Zero to one bedroom: one on-site parking space.
2. Two to three bedrooms: one and one-half on-site parking spaces.
3. Four and more bedrooms: two and one-half parking spaces.
B. Special Situations.
1. If a development that includes at least 20 percent low-income units for housing developments meeting the criteria of Section 18.65.06(B)(1) or at least 11% very low-income units for housing developments meeting the criteria of Section 18.65.06(B)(2) is located within one-half mile of a major transit stop, and there is unobstructed access to the major transit stop from the development, then, upon the request of the developer, the City shall not impose a vehicular parking ratio, inclusive of parking for persons with a disability and guests, that exceeds one-half spaces per unit.
2. If a development consists solely of rental units, exclusive of a manager’s unit or units, with an affordable housing cost to lower-income families, then, upon the request of the developer, the City shall not impose vehicular parking standards if the development meets either of the following criteria:
a. The development is located within one-half mile of a major transit stop and there is unobstructed access to the major transit stop from the development.
b. The development is a for-rent housing development for individuals who are 62 years of age or older that complies with Sections 51.2 and 51.3 of the Civil Code and the development has either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day.
3. If a development meets the criteria of Section 18.65.06(B)(7), then, upon the request of the developer, the City shall not impose vehicular parking standards if the development meets any of the following criteria:
a. The development is located within one-half mile of a major transit stop and there is unobstructed access to the major transit stop from the development.
b. The development is a for-rent housing development for individuals who are 62 years of age or older that complies with Sections 51.2 and 51.3 of the Civil Code and the development has either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day.
c. The development is either a special needs housing development, as defined in Section 51312 of the Health and Safety Code, or a supportive housing development, as defined in Section 50675.14 of the Health and Safety Code. Development that is a special needs housing development shall have either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day.
B. Provision of Parking. If the total number of parking spaces required for a housing development is other than a whole number, the number will be rounded up to the next whole number. For purposes of this section, a housing development may provide “on-site parking” through tandem parking or uncovered parking, but not through on-street parking.
C. Additional Incentives. This section applies to a development that meets the requirements of Section 18.65.06(B), but only at the request of the applicant. An applicant may request additional parking incentives or concessions beyond those provided in this section, subject to Section 18.65.10. A request pursuant to this section shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to Section 18.65.10. (Ord. 1106 Sec. 1, 2023)
18.65.22 Interpretation.
The granting of a density bonus, concession or incentive pursuant to this chapter shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval. (Ord. 1106 Sec. 1, 2023)