Chapter 14-47
DENSITY BONUS
Sections:
14-47.050 Inclusionary Unit Restrictions.
14-47.060 Density Bonuses, Incentives, and Concessions for Construction of Affordable Housing.
14-47.070 Density Bonus for Land Donation.
14-47.080 Density Bonus or Incentive or Concession for Day Care Centers.
14-47.090 Density Bonus for Condominium Conversions.
14-47.100 Affordability and occupancy standards.
14-47.110 Development Standards.
14-47.120 Development Incentives or Concessions.
14-47.130 Application Requirements.
14-47.140 Review of Application.
14-47.150 Density Bonus Housing Agreement.
14-47.010 Title.
The provisions of this Chapter shall be known collectively as the Density Bonus Ordinance of the City of Watsonville.
(§ 1, Ord. 1193-06 (CM), eff. April 27, 2006)
14-47.011 Authority.
This Chapter is adopted to comply with the requirements of Chapter 4.2 of Division 1 of Title 7 of the California Government Code, commencing with Section 65915.
(§ 1, Ord. 1193-06 (CM), eff. April 27, 2006)
14-47.020 Intent.
(a) It is the intent of the Council in adopting this Chapter to specify how compliance with Section 65915 will be implemented as required by Subdivision (a) of Section 65915 of the Government Code. Compliance with Section 65915 will generally occur by granting applicants density bonuses or other incentives or concessions if an applicant seeks and agrees to construct a Residential Development which contains certain housing for very low, lower, and moderate income households, senior households, and for the provision of Day Care Centers and donations of land.
(b) It is also the intent of the Council in adopting this Chapter to implement the goals, objectives, and policies of the Housing Element of the City’s General Plan.
(§ 1, Ord. 1193-06 (CM), eff. April 27, 2006)
14-47.030 Applicability.
The Density Bonus of this Chapter applies to any Residential Development in the City of Watsonville.
(§ 1, Ord. 1193-06 (CM), eff. April 27, 2006)
14-47.040 Definitions.
For the purposes of this Chapter, the following words and phrases shall have the meaning set forth below:
(a) “Affordable Ownership Cost” shall mean the same as California Health and Safety Code Section 50052.5.
(b) “Affordable Rent” shall mean the same as California Health and Safety Code Section 50053.
(c) “Concessions” shall mean the regulatory concessions set forth in Section 14-47.120 of this Chapter.
(d) “Day Care Center” shall mean a facility approved and licensed by the State, other than a family day care home, that provides non-medical care on less than a twenty-four (24) hour basis, including infant centers, preschools, extended day care facilities, adult day care and elderly day care facilities. Day Care Center does not include residential care facilities, residential service facilities, interim housing, or convalescent hospitals or nursing homes.
(e) “Density Bonus Units” shall mean those residential units approved pursuant to this Chapter, which exceed the otherwise allowable Maximum Residential Density for the development site.
(f) “Density Bonus” shall mean an increase in the number of dwelling units over the otherwise allowable Maximum Residential Density as established in the land use element of the Watsonville General Plan and/or by Title 14 of this Code in accordance with State law and this Chapter.
(g) “Density Bonus Program Guidelines” shall mean guidelines that may be adopted by resolution of the Council that outline the criteria and procedures for implementing Density Bonuses or other regulations.
(h) “Development Standard” shall mean development regulations, design standards, and site or construction conditions that apply to a Residential Development pursuant to any ordinance, general plan element, specific plan, or other local condition, law, policy, resolution, or regulation. Site or construction conditions are standards that specify the physical development of a site and structures on the site in a Residential Development.
(i) “First Approval” shall mean the first of the following approvals to occur with respect to a Residential Development: Specific plan, development agreement, planned development permit, subdivision, major land division (tentative map), minor land division, conditional use permit, design review permit or building permit.
(j) “Incentives” shall mean such regulatory incentives as listed in Section 14-47.120 of this Chapter.
(k) “Maximum Residential Density” shall mean the maximum number of residential units permitted under the zoning designation on the date the application is deemed complete.
(l) “Non-Restricted Units” shall mean all units within a Residential Development excluding the Target Units.
(m) “Qualifying Residents” shall mean persons eligible to reside in senior citizen housing developments as defined in California Government Code Section 65915(b)(1 )(c).
(n) “Residential Development” shall mean construction projects consisting of five (5) or more residential units, including single-family and multi-family units, for sale or for rent. For the purposes of this Chapter, “Residential Development” also includes a subdivision, planned development, or condominium project consisting of five (5) or more residential units or unimproved residential lots, the substantial rehabilitation and conversion of an existing commercial building to residential use, or the substantial rehabilitation of an existing multi-family dwelling, where the rehabilitation or conversion would create a net increase of at least five (5) residential units.
(o) “Senior Citizen Housing Development” shall mean a Residential Development as defined in California Government Code Section 65915(b)(1)(c). For the purposes of this Chapter, a Senior Citizen Housing Development includes mobile home parks.
(p) “Target Unit” shall mean a dwelling unit within a Residential Development that is reserved for sale or rent, and is made available at an affordable rent or affordable ownership cost to very low, lower, or moderate income households, or is a unit in a senior citizen housing development, and which qualifies the Residential Development for a Density Bonus and other incentives or concessions pursuant to Section 14-47.060 of this Chapter.
(§ 1, Ord. 1193-06 (CM), eff. April 27, 2006)
14-47.050 Inclusionary Unit Restrictions.
(a) Residential Development shall be subject to Chapter 14-46 of this Code, requiring inclusionary housing units to be developed on-site or the provision of an in-lieu fee as applicable.
(b) Density Bonus and Target Units shall not be considered in satisfying the requirements of Chapter 14-46 of this Code.
(§ 1, Ord. 1193-06 (CM), eff. April 27, 2006)
14-47.060 Density Bonuses, Incentives, and Concessions for Construction of Affordable Housing.
(a) Basic Density Bonus in Accordance with State Law (Very Low and Lower Income Units). A Residential Development is eligible for a twenty (20%) percent Density Bonus when the applicant seeks a Density Bonus and agrees to construct said Residential Development with at least one of the following:
(1) Five (5%) percent of the total units of the Residential Development as units affordable to very low income households;
(2) Ten (10%) percent of the total units of the Residential Development as units affordable to low income households;
(3) Ten (10%) percent of the total dwelling units in a common interest development for persons and families of moderate incomes, provided that all units in the development are offered to the public for purchase; or
(4) A senior citizen housing development.
(b) For purposes of calculating the amount of the Density Bonus pursuant to Subsection (a) of this Section, the applicant who requests a Density Bonus pursuant to this Chapter shall elect whether the Density Bonus shall be awarded on the basis of Subsection (a)(1), (a)(2), (a)(3), or (a)(4) of this Section.
(c) Additional Density Bonus.
(1) For Residential Developments meeting the criteria of Subsection (a)(1) of this Section, the Density Bonus shall be calculated as follows:
|
% Very Low Income |
% Density Bonus |
|
5 |
20 |
|
6 |
22.5 |
|
7 |
25 |
|
8 |
27.5 |
|
9 |
30 |
|
10 |
32.5 |
|
11 |
35 |
(2) For Residential Developments meeting the criteria of Subsection (a)(2) of this Section, the Density Bonus shall be calculated as follows:
|
% Low Income |
% Density Bonus |
|
10 |
20 |
|
11 |
21.5 |
|
12 |
23 |
|
13 |
24.5 |
|
14 |
26 |
|
15 |
27.5 |
|
17 |
30.5 |
|
18 |
32 |
|
19 |
33.5 |
|
20 |
35 |
(3) For Residential Developments meeting the criteria of Subsection (a)(3) of this Section, the Density Bonus shall be calculated as follows:
|
% Moderate |
% Density Bonus Units |
|
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 |
(4) For Residential Developments meeting the criteria of Subsection (a)(4) of this Section, the Density Bonus shall be twenty (20%) percent.
(5) When calculating the number of permitted Density Bonus Units, any calculations resulting in fractional units shall be rounded to the next larger whole number.
(6) The Density Bonus Units shall not be included when determining the number of Target Units required to qualify for a Density Bonus. When calculating the required number of Target Units, any calculations resulting in fractional units shall also be rounded to the next larger whole number.
(7) The applicant may request a lesser Density Bonus than the Residential Development is entitled to, but no reduction will be permitted in the number of required Target Units pursuant to Subsections (a)(1) through and including (a)(4) of this Section. Regardless of the number of Target Units, no Residential Development may be entitled to a Density Bonus exceeding thirty-five (35%) percent.
(8) Each Residential Development is entitled to only one Density Bonus, which may be selected by the applicant based on the percentage of either very low income Target Units, lower income Target Units, or moderate income Target Units, or senior housing. Density Bonuses from more than one category may not be combined, except that Density Bonuses for land dedication pursuant to Section 14-47.070 of this Chapter may be combined with Density Bonuses granted pursuant to this Section, not exceeding thirty-five (35%) percent, and an additional square footage Density Bonus for Day Care Centers may be granted as described in Section 14-47.080 of this Chapter.
(d) Incentives or Concessions. Target Units are eligible for incentives and concessions as follows:
(1) One incentive or concession for Residential Developments that include at least ten (10%) percent of the units for lower income households, at least five (5%) percent for very low income households, or at least ten (10%) percent for persons and families of moderate income in a common interest development.
(2) Two (2) incentives or concessions for Residential Developments that include at least twenty (20%) percent of the units for lower income households, at least ten (10%) percent for very low income households, or at least twenty (20%) percent for persons and families of moderate income in a common interest development.
(3) Three (3) incentives or concessions for Residential Developments that include at least thirty (30%) percent of the units for lower income households, at least fifteen (15%) percent for very low income households, or at least thirty (30%) percent for persons and families of moderate income in a common interest development.
(e) The requirements of this Section are minimum requirements and shall not preclude a Residential Development from providing additional affordable units or affordability than required by this Chapter.
(f) In accordance with State law, neither the granting of an incentive or concession nor the granting of a Density Bonus shall be interpreted, in and of itself, to require a general plan amendment, planned development, zoning code amendment or rezoning, or other discretionary review application approval.
(§ 1, Ord. 1193-06 (CM), eff. April 27, 2006)
14-47.070 Density Bonus for Land Donation.
(a) When an applicant for a major or minor land division, or Residential Development approval, donates land for the development of units affordable to very low income households as provided for in this Section, the applicant shall be entitled to a minimum fifteen (15%) percent increase above the otherwise maximum allowable residential density provided by the zoning regulations for the district in which the land to be donated is located. This Density Bonus applies to the entire Residential Development, as follows:
|
% Very Low Income |
% 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 |
(b) This increase shall be in addition to any increase in density allowed by Section 14-47.060 of this Chapter, up to a maximum combined Density Bonus of thirty-five (35%) percent if an applicant seeks both the Density Bonus authorized by this Section and the Density Bonus authorized by Section 14-47.060 of this Chapter. When calculating the number of permitted Density Bonus Units, any calculations resulting in fractional units shall be rounded to the next larger whole number. This Density Bonus applies only when land is donated for the construction of very low income housing.
(c) The City may approve the Density Bonus described in this Section upon making all of the following findings when approving the Residential Development:
(1) The donation and transfer of land shall occur concurrent with recordation of the final map or parcel map, or where no map is required, before issuance of the first building permit;
(2) The developable acreage and zoning regulations of the applicable zoning district of the land to be transferred will permit construction of units affordable to very low income households not less than ten (10%) percent of the total number of units in the proposed Residential Development, or will permit construction of a greater percentage of units if proposed by the developer to qualify for a Density Bonus of more than fifteen (15%) percent;
(3) The transferred land is at least one acre in size or is of adequate size (less environmental constraints, public dedication, etc.) to permit development of at least forty (40) units. In addition, the land at the time of proposed donation must have the appropriate general plan and zoning land use designations to permit the development of very low income housing. Furthermore, at the time of construction, the site will be served by adequate public facilities and infrastructure;
(4) The transferred land will have all of the applicable development permits and approvals other than any required building permit approval, necessary for the development of the very low income housing units on the transferred land, no later than the donation and transfer of land consistent with this Chapter. That the applicant has provided specific assurances adequately guaranteeing the timely completion of the very low income units, including satisfactory assurances that construction and permanent financing will be secured for the construction of the units within a reasonable time;
(5) The transferred land and the very low income units constructed on the land will be subject to a recorded Density Bonus Housing Agreement ensuring continued affordability of the units consistent with the Affordability and Occupancy Standards of Section 14-47.100 of this Chapter, which Agreement shall be recorded with the Santa Cruz County Recorder’s Office encumbering the restricted parcels at the time of dedication. A conformed copy of the recorded agreement shall be submitted to the Community Development Department before issuance of any building permits;
(6) The land will be transferred to the City, the Redevelopment Agency of the City of Watsonville, or to a housing developer approved by the City. The City reserves the right to require the applicant to identify a developer for the very low income units and to require that the land be transferred to that developer;
(7) The transferred land is within the boundaries of the land of the proposed Residential Development. The transferred land may however be located within one-quarter ( 1/4) mile of the boundary of the proposed Residential Development if the City Council finds, based on substantial evidence, that off-site donation will provide as much or more affordable housing at the same or even lower income levels, and of the same or superior quality of design and construction, and will otherwise provide greater public benefit, than donating land on-site.
(§ 1, Ord. 1193-06 (CM), eff. April 27, 2006)
14-47.080 Density Bonus or Incentive or Concession for Day Care Centers.
(a) Where a Day Care Center is proposed on the premises of a Residential Development with Target Units meeting the Density Bonus provisions, then the applicant can request the following incentives in accordance with State Law:
(1) A Density Bonus in addition to those permitted by Sections 14-47.060 and 14-47.070 of this Chapter that is equal to the square footage of the gross floor area of the Day Care Center; or
(2) An additional incentive or concession that contributes significantly to the economic feasibility of the construction of the Day Care Center.
(b) The City may approve the Density Bonus or incentive or concession described in this Section if it makes all of the following findings and requires as a condition of approval that:
(1) The Day Care Center will remain in operation for a period of time equal to or longer than the period of time during which the Target Units are required to remain affordable pursuant to Section 14-47.100 of this Chapter;
(2) Of all children who attend the Day Care Center, the percentage of children of very low income households, lower income households, or moderate income households shall be equal to or greater than the percentage of dwelling units that are proposed to be affordable to very low income households, lower income households, or moderate income households in the Residential Development;
(3) The applicant shall be responsible for all costs of monitoring and reporting compliance with these provisions.
(c) Notwithstanding any other requirement of this Section, the City shall not be required to provide a Density Bonus or incentive or concession for a Day Care Center if it finds, based upon substantial evidence, that the community already has adequate Day Care Center facilities.
(§ 1, Ord. 1193-06 (CM), eff. April 27, 2006)
14-47.090 Density Bonus for Condominium Conversions.
(a) An applicant shall be eligible for either a Density Bonus or other incentives or concessions of equivalent financial value in accordance with State law if the applicant for a conversion of existing rental apartments to condominiums agrees to provide thirty-three (33%) percent of the total units of the proposed condominium project as Target Units affordable to households with moderate incomes or less, or to provide fifteen (15%) percent of the total units in the condominium conversion project as Target Units affordable to lower income households. All such Target Units shall remain affordable for the period specified in Section 14-47.100(a) and (b) of this Chapter.
(b) For purposes of this Section only, a Density Bonus means an increase in units of twenty-five (25%) percent over the number of units to be provided within the existing structure or structures proposed for conversion.
(c) No condominium conversion shall be eligible for a Density Bonus if the apartments proposed for conversion constitute a Residential Development for which a Density Bonus or other incentives or concessions were previously provided pursuant to this Chapter or Chapter 4.3 of Division 1 of Title 7 of the Government Code, commencing with Section 65915. The requirements of Article 2 of Chapter 3 of Title 13, commencing with Section 13-3.201, all regulate such conversion.
(§ 1, Ord. 1193-06 (CM), eff. April 27, 2006)
14-47.100 Affordability and Occupancy Standards.
(a) Target Units offered for rent to lower income and very low income households shall be made available for rent at an affordable rent as defined in Chapter 14-46 of this Code and shall remain restricted and affordable to the designated income group for a minimum period of forty (40) years. A longer period of affordability may be specified if required by any construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program applicable to the Residential Development.
(b) Target Units offered for sale to very low, lower, or moderate income households as defined in Chapter 14-46 of this Code shall be sold only at an Affordable Ownership Cost for a minimum period of forty (40) years. Such Target Units offered for sale shall record standard documents to ensure that at resale, the City will recapture any initial subsidy plus a share of appreciation consistent with an equity sharing agreement consistent with the provisions of Subdivision (c)(2) of California Government Code Section 65915. For purposes of such equity sharing, the initial subsidy shall however be equal to the fair market value of the home at the time of initial sale minus the initial sales price to the moderate income household, plus the amount of any down payment assistance or mortgage assistance or other public subsidy. A longer period of affordability may be specified if required by any construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program applicable to the Residential Development.
(c) Any household that occupies a Target Unit must occupy that unit as its principal residence.
(d) No household may begin occupancy of a Target Unit until the household has been determined by the City or its designee to be eligible to occupy that unit.
(e) The Council, by resolution, shall establish fees for processing Residential Developments for applicants requesting Density Bonuses and incentives or concessions and for the ongoing administration and monitoring of the Target Units and Day Care Centers, which fees may be updated from time to time, as required.
(f) The Council, by resolution, shall process, review, and consider Density Bonus Housing Agreements the same manner it considers Affordable Housing Agreements pursuant to Section 14-46.110 of this Chapter so as to ensure the continued affordability of the Target Units. In conducting such review, the Council may consider Density Bonus Housing Agreements, affordable housing agreements, regulatory agreements, promissory notes, deeds of trust, rights of first refusal, options to purchase, resale provisions, equity sharing agreements, and/or other documents which of said documents should be recorded as a condition to approval.
(g) All promissory note repayments, shared appreciation payments, or other payments collected under this Section shall be deposited in an Inclusionary Housing In-Lieu Fee Fund or other such fund as may be established from time to time by the Council.
(§ 1, Ord. 1193-06 (CM), eff. April 27, 2006)
14-47.110 Development Standards.
(a) Target Units shall be constructed concurrently with non-restricted units or pursuant to a schedule included in the Density Bonus Housing Agreement approved pursuant to Section 14-47.150 of this Chapter.
(b) Single-family detached Target Units shall be dispersed throughout the Residential Development. Townhouse, row house, and multi-family Target Units shall be located so as not to create a geographic concentration of Target Units within the Residential Development.
(c) Target Units shall have the same proportion of unit types as the market-rate units in the Residential Development and shall have the same square footage and the same bedroom count as the market-rate units and shall meet the general standards of Section 14-46.060 of this Code.
(d) The quality of exterior design and overall quality of construction of the Target Units shall meet all site, design, and construction standards included in Title 8 (Buildings), Title 13 (Subdivisions), and Title 14 (Zoning) of the Municipal Code, including, but not limited to, compliance with all design guidelines included in applicable specific plans or otherwise adopted by the Watsonville City Council in accordance with Section 14-46.060 of this Code.
(e) Target Units made available for purchase shall include space and connections for a clothes washer and dryer within the Target Unit. Target Units made available for rent shall include either connection for a clothes washer and dryer within the Target Unit or sufficient on-site self-serve laundry facilities to meet the needs of all tenants without laundry connections in their units in accordance with Section 14-46.060 of this Code.
(f) Upon the request of the applicant, the City shall not impose an off-street vehicular parking standard, inclusive of handicapped and guest parking, of a Residential Development which otherwise satisfies Subsections (a)(1) through (a)(4) inclusive of this Section that exceeds the following:
Zero to one bedroom: one on-site parking space;
Two (2) to three (3) bedrooms: two (2) on-site parking spaces;
Four (4) and more bedrooms: two and one-half (2 1/2) parking spaces.
(g) If the total number of parking spaces required for a Residential Development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this Chapter, a Residential Development may provide on-site parking through tandem parking or uncovered parking, but not through on-street parking.
(§ 1, Ord. 1193-06 (CM), eff. April 27, 2006)
14-47.120 Development Incentives or Concessions.
(a) The following four (4) incentives or concessions may be requested pursuant to this Section:
(1) A reduction of a development standard or a modification of a zoning code requirement for the Target Units which exceed the minimum building standards provided in Part 2.5 (commencing with Section 18901) of Division 13 of the California Health and Safety Code (California Building Standards Law) and which result in identifiable, financially sufficient, and actual cost reductions:
(i) Reduced minimum lot sizes,
(ii) Reduced lot dimensions,
(iii) Reduced minimum side yard setbacks, Section 65915(d)(3),
(iv) Increased maximum building height,
(v) Reduced minimum distance between buildings,
(vi) Placement of public works improvements, Section 65915(d)(3);
(2) Approval of mixed use buildings or developments in conjunction with the Residential Development, if nonresidential land uses will reduce the cost of the Residential Development, and if the City finds that the proposed nonresidential uses are compatible with the Residential Development and with existing or planned development in the area where the proposed Residential Development will be located;
(3) Deferral until immediately prior to occupancy of development impact fees (e.g., park fees, fire fees, sanitary sewer fees, storm drain fees, or traffic impact fees);
(4) Other regulatory incentives or concessions proposed by the applicant or the City that result in identifiable, financially sufficient, and actual cost reductions.
(§ 1, Ord. 1193-06 (CM), eff. April 27, 2006)
14-47.130 Application Requirements.
(a) Applications for a Density Bonus shall include:
(1) A Density Bonus Housing Plan, showing any Density Bonus, incentive, concession, waiver, modification, or revised parking standard requested pursuant to this Chapter, shall be submitted as part of the First approval of any Residential Development. Such plan shall specify, at the same level of detail as the application for the Residential Development: the number, unit type, level of affordability, tenure, number of bedrooms and baths, approximate location, size, and design, construction and completion schedule of all Target Units, number and location of all Density Bonus Units, phasing of Target Units in relation to non-restricted units, and marketing plan. The Density Bonus Housing Plan shall also specify the methods to be used to verify tenant and buyer incomes and to maintain the affordability of the Target Units, and, for Residential Developments with thirty (30) or more affordable Density Bonus units shall specify a financing mechanism for the ongoing administration and monitoring of the Target Units;
(2) A specific description of any requested incentives, concessions, waivers, or modifications of development standards, or modified parking standards;
(3) For all incentives and concessions except mixed use buildings and developments, the application shall include a detailed financial pro-forma explaining how the requested incentives and concessions result in identifiable, financially sufficient, and actual cost reductions based upon appropriate financial analysis and documentation. The pro-forma shall be reviewed by a third party as selected by the City and paid for by the applicant;
(4) If a Density Bonus or concession is requested for a land donation, the application shall show the location of the land to be dedicated and provide evidence that each of the findings in Section 14-47.070(c) of this Chapter can be made;
(5) If a Density Bonus or concession is requested for a Day Care Center, the application shall show the location and square footage of the Day Care Center and provide evidence that each of the findings included in Section 14-47.080(b) of this Chapter can be made. The applicant shall provide the name of the operator and adequate financial reports regarding the proposed operator. Such an analysis shall be prepared by a third party as selected by the City and paid for by the applicant;
(6) If a mixed use building or development is proposed, the application shall provide evidence that the finding included in Section 14-47.140(b)(2) of this Chapter can be made.
(§ 1, Ord. 1193-06 (CM), eff. April 27, 2006)
14-47.140 Review of Application.
(a) Upon review and recommendation by the Planning Commission, the Council shall adopt a resolution for a Density Bonus application pursuant to this Chapter. The Density Bonus Application may be approved, approved with conditions, or denied pursuant to the findings required by this Chapter.
(b) Before approving an application for a Density Bonus, the Planning Commission and Council shall make the following findings:
(1) The application is eligible for a Density Bonus and any concessions, or incentives requested if conforms to all standards included in this Chapter and includes a financing mechanism for all implementation and monitoring costs;
(2) Any requested incentive or concession will result in identifiable, financially sufficient, and actual cost reductions based upon appropriate financial analysis and documentation as described in Section 14-47.130 of this Chapter;
(3) If the Density Bonus is based all or in part on donation of land, the approval body has made the findings included in Section 14-47.070(c) of this Chapter;
(4) If the Density Bonus, incentive, or concession is based all or in part on the inclusion of a Day Care Center, the approval body has made the findings required by Section 14-47.080(b) of this Chapter;
(5) A Density Bonus Housing Agreement in recordable form has been signed by the owner of the Residential Development with terms and conditions reasonably to satisfy the requirements of this Chapter and the Density Bonus Program Guidelines.
(c) If the required findings can be made, and a request for an incentive or concession is otherwise consistent with this Chapter, the Council may deny an incentive or concession only if it makes a written finding, based upon substantial evidence, of either of the following:
(1) The incentive or concession is not required to provide for affordable rents or Affordable Ownership Costs; or
(2) The incentive or concession would have a specific adverse impact upon public health or safety or the physical environment or on any real property that is listed in the California Register of Historic Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to lower, very low and moderate income households. For the purpose of this subsection, “specific adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions, as they existed on the date that the application was deemed complete.
(d) If the required findings can be made, and a request for a waiver or modification is otherwise consistent with this Chapter, the Council may deny the requested waiver or modification only if it makes a written finding, based upon substantial evidence, of either of the following:
(1) The modification would have a specific adverse impact upon health, safety, or the physical environment, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to lower, very low, and moderate income households. For the purpose of this subsection, “specific adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application was deemed complete; or
(2) The modification would have an adverse impact on any real property that is listed in the California Register of Historic Resources.
(e) If a Density Bonus or concession is based on the provision of Day Care Centers, and if the required findings can be made, the Council may deny the bonus or concession only if it finds, based on substantial evidence, that the City already has adequate Day Care Centers.
(f) A request for a minor modification of an approved Density Bonus Housing Plan may be granted by the Zoning Administrator, or his or her designee, if the modification is substantially in compliance with the original Density Bonus Housing Plan and conditions of approval. Other modifications to the Density Bonus Housing Plan shall be processed in the same manner as the original plan.
(§ 1, Ord. 1193-06 (CM), eff. April 27, 2006)
14-47.150 Density Bonus Housing Agreement.
(a) Following the First Approval of a Residential Development, the City shall prepare a Density Bonus Housing Agreement providing for implementation of the Density Bonus Housing Plan and conditions of approval and consistent with any Density Bonus Program Guidelines adopted by Council resolution. The City may identify tenants or qualified purchasers as third party beneficiaries under the Agreement.
(b) Before the approval of any final or parcel map or issuance of any building permit for a Residential Development subject to this Chapter, the Density Bonus Housing Agreement shall be executed by the City and the applicant and recorded as a lien against the entire Residential Development to ensure that the Agreement will be enforceable upon any successor in interest. The Density Bonus Housing Agreement shall run with the land and bind future owners and successors in interest as required to ensure compliance with the provisions of this Chapter.
(c) Density Bonus Housing Agreements for land dedication and Day Care Centers shall contain provisions to ensure continued compliance with all conditions included in Sections 14-47.070(c) and 14-47.080(b), respectively, of this Chapter.
(§ 1, Ord. 1193-06 (CM), eff. April 27, 2006)
14-47.160 Enforcement.
(a) The City Attorney shall be authorized to enforce the provisions of this Chapter and all Density Bonus Housing Agreements, regulatory agreements, covenants, resale restrictions, promissory notes, deed of trust, equity sharing agreements, and other requirements placed on inclusionary units, by civil action and any other proceeding or method permitted by law. The City may, at its discretion, take such enforcement action as is authorized under the Municipal Code and/or any other action authorized by law or by any regulatory document, restriction, or agreement executed under this Chapter.
(b) Failure of any official or agency to fulfill the requirements of this Chapter shall not 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.
(c) 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.
(§ 1, Ord. 1193-06 (CM), eff. April 27, 2006)