Article 35 — DENSITY BONUS PROGRAM

The Density Bonus Program is intended to implement the State Density Bonus Law in compliance with the requirements of Cal. Gov’t Code § 65915 and the adopted housing element of the Antioch General Plan by providing incentives which will encourage developers to construct affordable housing to benefit lower income households. (Ord. 2190-C-S, passed 8-25-20)

(A) In addition to any other review required for a proposed housing development, applications for a density bonus shall be filed with the Community Development Director. The application for a density bonus shall be filed concurrently with an application for a development plan review, administrative approval, or other application necessary for the housing development. In addition to and in conjunction with the submittal requirements for the housing development application, the applicant shall submit the following items:

(1) The application form and submittal requirements approved by the Community Development Director.

(2) The application fee, established by resolution of the City Council, at the time the application is filed.

(3) 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 Community Development Director.

(a) A request for concessions or incentives shall be accompanied by documentation demonstrating how the incentive or concession would result in identifiable and actual cost reductions necessary to meet affordability levels.

(b) A request for a waiver or reduction of development standards shall be accompanied by documentation demonstrating how the development standards physically preclude the construction of the qualified affordable housing development.

(c) A request for parking ratios pursuant to Cal. Gov’t Code §§ 65915(p)(2) and (3) shall be accompanied by documentation showing the proposal meets the criteria in those sections.

(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) When notifying an applicant that city staff has deemed the application complete, city staff shall include the information required by Cal. Gov’t Code § 65915.

(1) Any determination required by Cal. Gov’t Code § 65915 shall be based on the development project at the time the application is deemed complete. The city shall adjust the amount of density bonus and parking ratios awarded pursuant to Cal. Gov’t Code § 65915 based on any changes to the project during the course of development.

(D) The city shall grant the applicant the number of incentives and concessions required by Cal. Gov’t Code § 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, based upon substantial evidence, stated in Cal. Gov’t Code § 65915(d).

(E) The city shall approve a waiver or reduction of a development standard requested by the applicant, unless it makes written findings based upon the criteria in Cal. Gov’t Code § 65915(e).

(F) 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.

(G) 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.

(H) The provisions of this subdivision shall be interpreted to fulfill the requirements of Cal. Gov’t Code § 65915. Any changes to that Cal. Gov’t Code § 65915 shall be deemed to supersede and govern any conflicting provisions contained herein.

(Ord. 2190-C-S, passed 8-25-20)