Division 4 — RESIDENTIAL DENSITY BONUS[[20]]

Footnotes:

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Editor's note— Ord. No. 20-451, § 4, adopted June 24, 2020, amended division 4 in its entirety to read as herein set out. Former division 4, §§ 9674.1—9674.10, pertained to similar subject matter, and derived from Ord. No. 08-352, § 4, 7-9-2008.

The purpose of the provisions of this division is to provide incentives for the production of specific housing types for populations, including, but not limited to, low income, lower income, moderate income, and senior households in accordance with Government Code Section 65915, commonly referred to as the State Density Bonus Law. In enacting this division, it is the intent of the city to facilitate the development of the goals, objectives and policies of the housing element of the city's general plan.

(Ord. No. 20-451, § 4, 6-24-2020)

A.

In addition to any other review required for a proposed housing development, applications for a density bonus shall be filed with the planning director on a form approved by the director. The application shall be filed concurrently with an application for a development plan review or administrative approval. At the time the application is submitted, the applicant shall pay a density bonus application fee, established by resolution of the city council.

B.

City staff shall process the application for a density bonus in the same manner as, and concurrently with, the application for a development plan review or administrative approval that is required by this Code.

C.

The application shall clearly indicate the number of base units allowed by the city general plan and zoning regulations, the number of density bonus units requested, and the number of affordable units that will be included in the proposed project. The applicant shall submit reasonable documentation to establish eligibility for a requested density bonus, incentives or concessions, waivers or reductions of development standards, and parking ratios, to the satisfaction of the planning director.

D.

For a housing development qualifying pursuant to the requirements of Government Code Section 65915, the city shall grant a density bonus in an amount specified by Government Code Section 65915. Except as otherwise required by Government Code Section 65915, the density bonus units shall not be included when calculating the total number of housing units that qualifies the housing development for a density bonus. Except as otherwise required by Government Code Section 65915, the amount of the density bonus shall not exceed thirty-five (35) percent.

E.

For the purpose of calculating the density bonus, the "maximum allowable residential density" shall be the maximum density allowed under the zoning ordinance and land use element of the general plan, or, if a range of density is permitted, the maximum allowable density for the specific zoning range and land use element of the general plan applicable to the project. Where the density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan, the maximum density allowed in the general plan shall prevail.

F.

The City shall grant the applicant the number of incentives and concessions required by Government Code Section 65915. The city shall grant the specific concession(s) or incentive(s) requested by the applicant, unless it makes any of the relevant written findings stated in Government Code Section 65915(d). Senior citizen housing developments that qualify for a density bonus shall not receive any incentives or concessions, unless Government Code Section 65915 is amended to specifically require that local agencies grant incentives or concessions for senior citizen housing developments.

G.

Except as restricted by Government Code Section 65915, the applicant for a density bonus may submit a proposal for the waiver or reduction of development standards that have the effect of physically precluding the construction of a housing development incorporating the density bonus and any incentives or concessions granted to the applicant. A request for a waiver or reduction of development standards shall be accompanied by documentation demonstrating that the waiver or reduction is physically necessary to construct the housing development with the additional density allowed pursuant to the density bonus and incorporating any incentives or concessions required to be granted. The city shall approve a waiver or reduction of a development standard, unless it finds that:

1.

The application of the development standard does not have the effect of physically precluding the construction of a housing development at the density allowed by the density bonus and with the incentives or concessions granted to the applicant;

2.

The waiver or reduction of the development standard would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact;

3.

The waiver or reduction of the development standard would have an adverse impact on any real property that is listed in the California Register of Historical Resources; or

4.

The waiver or reduction of the development standard would be contrary to state or federal law.

H.

The applicant may request, and the city shall grant, a reduction in parking requirements in accordance with Government Code Section 65915(p), as that section may be amended from time to time.

I.

The applicant shall comply with all requirements stated in Government Code Section 65915.

J.

The applicant shall enter into an agreement with the city to ensure the continued affordability of all affordable units or the continued reservation of such units for qualifying senior citizens. Prior to receiving a building permit for any project that receives a density bonus or any incentive, concession, waiver, or reduction of development standards pursuant to this section, such agreement shall be recorded as a covenant against the property.

K.

For any development project that is granted a density bonus or other benefit pursuant to this section, the affordable units that qualify the project as eligible for a density bonus, must be constructed concurrently with or prior to the construction of any market rate units. In addition, the affordable units must be integrated with the market rate units so that there is a mix of affordable and market rate units, if any, in each building of the development project.

L.

An applicant shall not receive a density bonus or any other incentive or concession if the housing development would be excluded under Government Code Section 65915, which includes, but is not limited to, projects that fail to "replace" existing housing units, as required by state law.

M.

The provisions of this subdivision shall be interpreted to fulfill the requirements of Government Code Section 65915. Any changes to Government Code Section 65915 shall be deemed to supersede and govern any conflicting provisions contained herein.

N.

Appeals of any decision of the planning commission pursuant to section 9674.2 shall be heard by the city council in compliance with sections 9804.5—9804.9 of this article.

(Ord. No. 20-451, § 4, 6-24-2020)

DIVISION 5. - MOBILE HOME PERMIT[[21]]

Footnotes:

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Editor's note— Ord. No. 11-383, § 20, adopted March 9, 2011, amended Div. 5 in its entirety to read as set out herein. Former Div. 5, §§ 9675—9675.3, pertained to similar subject matter and derived from Ord. No. 120 adopted Feb. 3, 1983; Ord. No. 93-242, § 3, adopted Nov. 10, 1993.

The mobile home permit is established to provide for the individual placement of a mobile home containing one (1) dwelling unit, in lieu of a single-family residence, on a lot or parcel of land where permitted in the district, subject to the area requirements of the land use district. It is the intent of this permit to recognize the modern mobile home as an alternate source of affordable factory-built housing available from the manufacturer with an exterior similar to conventionally constructed housing. The mobile home permit is intended to ensure that mobile homes so placed are compatible with surrounding uses, that the proposed site is suitable, and that the property values are protected through the imposition of appropriate regulations and conditions for placement and maintenance of such mobile homes. These provisions do not apply to mobile home parks.

(Ord. No. 11-383, § 20, 3-9-2011)

All applications for a mobile home permit shall conform to the following procedures:

A.

Application—Information. The applicant of a mobile home permit shall substantiate to the satisfaction of the commission the following fact:

1.

That the requested mobile home has, or is capable of and will be structurally altered to present, an exterior appearance similar to conventionally constructed housing.

B.

Application—Fee. When a mobile home permit application is filed, it shall be accompanied by the filing fee as established by city council resolution.

C.

Application—Denial for lack of information. The director may deny, without a public hearing, and [an] application for a mobile home permit is [if] such application does not contain the information required by the [this] section. The director may permit the applicant to amend such application.

D.

Application—Conditions for approval. The commission shall not approve an application for a mobile home permit in lieu of a single-family residence unless they find that the information provided is correct.

E.

Effective date of permit. The decision of the commission shall become final and effective fifteen (15) calendar days after planning commission action, provided no appeal of the action has been filed.

(Ord. No. 11-383, § 20, 3-9-2011)

Every mobile home permit shall be subject to the following conditions. All of the following conditions shall be deemed to be conditions of every mobile home permit granted, whether such conditions are set forth in the mobile home permit or not. The commission, in granting the mobile home permit, may impose additional conditions, but may not change or modify any of the following conditions:

A.

Each mobile home shall have a sloping roof with eave projections of at least twelve (12) inches, constructed with fire-resistant roofing. Such roof must be non-reflective in nature and roll-formed-type metal roofing shall not be used.

B.

Each mobile home shall have an exterior siding of wood, metal or other equivalent material approved by the commission, siding materials used shall be non-reflective in nature.

C.

Each mobile home shall have skirting, constructed of a material designated to correspond to or complement the mobile home's undercarriage from all directions.

D.

Each mobile home shall have an enclosed garage.

E.

Landscaping necessary to achieve the same standards of development as are characteristic of the surrounding properties, as specified by the commission, shall be provided.

F.

Each mobile home shall have front, side and rear yards of not less than those required for the land use district in which it is located.

G.

The granting of a mobile home permit shall not relieve the applicant, his assigns, or his successors in interest from complying with all other applicable statutes, ordinances, rules, and regulations.

(Ord. No. 11-383, § 20, 3-9-2011)

A.

Filing an application. An application requesting a time extension for a mobile home permit where used may be filed with the director prior to the expiration of such permit, except that no application shall be filed if final action resulting in a denial of a request for such time extension has been taken within one (1) year prior thereto by the director. Said application shall conform to the provisions of section 9675.1.

(Ord. No. 11-383, § 20, 3-9-2011)

DIVISION 6. - VARIANCE AND MODIFICATION

A.

Variances and modifications from the terms of this article shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this article deprives such property of privileges enjoyed by other property in the vicinity and under identical land use classification. Any variance or modification granted shall be subject to such conditions as will assure that the modification thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and district in which such property is situated.

B.

The power to grant variances and modifications does not extend to use regulations.

C.

The power to grant variances and modifications does not extend to the provisions of sections 9306 or 9497.2.

(Ord. No. 02-310, § 3E, 3-5-2002)

An application for a variance or modification shall be filed with the department of planning and community development on a form prescribed by the director and shall include the following data and maps:

A.

Name and address of applicant;

B.

Statement that the applicant is the owner or the authorized agent of the owner of the property on which the variance or modification is being requested;

C.

Address and legal description of the property;

D.

Colored renderings and photos of all four (4) sides of the building and the roof;

E.

Statement of the precise nature of the variance or modification requested and the reasons therefor, together with any other data pertinent to the findings prerequisite to the granting of a variance or modification prescribed by section 9676;

F.

An accurate scale drawing of the site, and any adjacent property affected, showing, when pertinent, the contours at intervals of not more than two (2) feet, and all existing and proposed locations of streets, property lines, uses, structures, driveways, pedestrian walks, off-street parking facilities, and landscaped areas;

G.

[Reserved;]

H.

The director may require additional information or plans, if they are necessary, to enable a determination as to whether the circumstances prescribed for the granting of a variance or modification exist. The director may authorize omission of any or all of the plans and drawings required by this chapter, if they are not necessary.

(Ord. No. 127, § 1, 6-24-87; Ord. No. 93-242, § 4, 11-10-93)

The following procedures shall be followed in considering variance and modification applications:

A.

Investigation and report. The department of planning and community development shall make an investigation of each application that is subject to this division and shall prepare a report thereon which shall be submitted to the appropriate authority, and made available to the applicant prior to approval or denial of the request.

B.

Modifications.

1.

Review authority.

a.

Applications for modifications for the following regulations shall be considered and a determination shall be made by the director:

i.

Building site area;

ii.

Building site width;

iii.

Yards;

iv.

Off-street parking regulations;

v.

Projections into yards;

vi

An increase in the size and height of a sign;

vii.

A reduction in the amount of landscaping provided at the base of a monument sign on sites with legal nonconforming landscape setbacks.

b.

A modification is any change to the terms or requirements of this article, which, if granted, would allow the following:

i.

A decrease of not more than ten (10) percent of the required building site area or width;

ii.

A decrease of not more than twenty (20) percent of the required width of a side yard or the yard between building;

iii.

A decrease of not more than twenty (20) percent of the required rear yard;

iv.

A decrease of not more than twenty (20) percent of the distance required between the front property line and the building line;

v.

A decrease of not more than ten (10) percent of the required parking spaces;

vi.

An increase of not more than ten (10) percent of the permitted projection of steps, stairways, landings, eaves, overhangs, masonry chimneys, and fireplaces, into any required front, rear side or yard between buildings;

vii.

An increase in the size and height of new or existing signs. The increase in size or height of a sign shall not exceed fifteen (15) percent.

viii.

A decrease of not more than thirty (30) percent in the amount of landscaping provided at the base of a monument sign on sites with existing landscape setbacks.

2.

Administrative decision. The director may approve, conditionally approve, or deny, without a public hearing, all applications for a modification. The director may elect to forward the matter to the planning commission for consideration of the application. Noticing requirements for the director's consideration of a modification application for the items listed in section 9676.2.B.1.a. above shall be pursuant to section 9804.4.

3.

Modification findings. The director may grant a modification to a regulation prescribed by this article if the following findings are made:

a.

That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of this article deprives such property of privileges enjoyed by thither property in the vicinity and under identical zoning classification.

b.

That the granting of the modification will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is situated.

c.

That the strict interpretation and enforcement of the provisions of this article would result in practical difficulty or unnecessary hardship inconsistent with the objectives of this article.

d.

That the granting of the modification will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.

e.

That the granting of the modification will be consistent with the character of the surrounding area.

4.

Sign modification findings. The director may approve a sign modification for up to a fifteen-percent increase in the size and height of new or existing signs if the following findings are made:

a.

The sign is or will not be detrimental to surrounding uses or properties in the community in general; and

b.

The approval of such modification is consistent with the purposes of the general plan, the sign criteria set forth in section 9655.5.D, and the adopted sign guidelines.

5.

Action of the director. The director may grant a modification as the modification was applied for or in modified form, or the application may be denied. A modification may be granted subject to conditions as the director may prescribe.

C.

Variances.

1.

Review authority for variances. Applications for variances shall be heard and a determination shall be made by the planning commission.

2.

Public hearing. The planning commission shall hold a public hearing on an application for a variance. At a public hearing, the commission shall review the application, statements, and drawings submitted therewith and shall receive pertinent evidence concerning the variance prescribed in section 9676.1. Public hearing notice requirements shall be made as provided in section 9804.4.

3.

Findings. The planning commission may grant a variance to a regulation prescribed by this article if the following findings are made:

a.

That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of this article deprives such property of privileges enjoyed by thither property in the vicinity and under identical zoning classification.

b.

That the granting of the variance will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is situated.

c.

That the strict interpretation and enforcement of the provisions of this article would result in practical difficulty or unnecessary hardship inconsistent with the objectives of this article.

d.

That the granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.

e.

That the granting of the variance will be consistent with the character of the surrounding area.

4.

Action of the planning commission. The planning commission may grant a variance as the variance was applied for or in modified form, or the application may be denied. A variance may be granted subject to conditions as the commission may prescribe.

D.

Appeals. A decision of the planning commission on a variance may be appealed to the city council. A decision of the director on a modification may be appealed to the planning commission.

E.

Determination by city council or planning commission. The city council or planning commission shall hold a public hearing on a variance or modification as prescribed in chapter 8 if an appeal has been filed within the prescribed fifteen-day appeal period. The decision of the city council shall be final.

F.

Effective date of variance or modification. A decision of the planning commission or director on a variance or modification shall be effective fifteen (15) days after the date of the decision unless an appeal has been

filed. Variance and/or modifications shall become effective immediately after they are granted by the city council.

(Ord. No. 05-330, § 1, 5-11-2005; Ord. No. 23-472, § 16, 5-22-2024)

A variance or modification shall lapse and shall become void one (1) year following the date on which the variance or modification became effective unless prior to the expiration of one (1) year, a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the variance or modification application, or a permit is issued authorizing occupancy of the site or structure which was the subject of the variance or modification application, or the site is occupied if no building permit or certificate occupancy is required. Prior to the expiration of a variance or modification, an applicant may request an extension for a period of time not exceeding twenty-four (24) months.

A variance or modification granted by the planning commission or director subject to conditions shall be revoked by the commission or director, respectively, if the applicant has not complied with the conditions or if the applicant is exercising the variance or modification in a manner detrimental to the public health, safety or general welfare. The decision of the commission or director revoking a variance or modification shall become effective fifteen (15) days following the date on which it was revoked unless an appeal has been filed. A variance or modification granted by the city council shall be revoked only by the city council.

Following the denial or revocation of a variance or modification application, no application for the same or substantially the same variance or modification on the same or substantially the same site shall be filed within one (1) year of the date of denial or revocation of the variance or modification.

Unless otherwise specified at the time a variance or modification is granted, it shall apply only to the plans and drawings submitted as a part of the application.

Editor's note— Ord. No. 23-472, § 17, adopted May 22, 2024, repealed § 9676.7, which pertained to variance or modification relating to uses amortized pursuant to this Code and derived from Ord. No. 208, § 2, adopted March 25, 1992.