159.337 Childcare Facilities

A. Eligibility. An application for a development project that complies with the density bonus requirement of this subchapter and that also includes a childcare facility that will be located on the premises of, as part of, or adjacent to, the housing development may request one additional bonus or concession as follows:

1. An additional density bonus based on square footage instead of density bonus units. The density bonus for a childcare facility will be an amount of square feet of residential space that is equal to or greater than the amount of square feet in the childcare facility; or

2. An additional concession or incentives that contributes significantly to the economic feasibility of the construction of the childcare facility.

B. Findings. To grant a bonus or concession for a childcare facility, the reviewing body must make the following findings:

1. The housing development qualifies for a density bonus or a concession or incentive;

2. The bonus or concession will contribute significantly to the economic feasibility of the construction of the childcare facility;

3. The city does not have adequate childcare facilities;

4. The bonus or concession will not have a specific, adverse impact on public health, public safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to lower and moderate income households; and

5. The bonus or concession will not have an adverse impact on a property that is listed in the California Register of Historical Resources, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low- and moderate- income households.

• C. Conditions of Approval. The childcare facility will comply with the following conditions of approval:

  1. The childcare facility will remain in operation for a period of time that is equal to or longer than the period during which the designated dwelling units are required to be affordable; and

  2. Of the children who attend the childcare facility, the children of very low income households, lower income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low or lower income households or families of moderate income.

HISTORY

Repealed & Replaced by Ord. 22-06 on 11/14/2022

159.338 Density Bonus For Donation Of Land

A. Land Donation. An applicant for a tentative subdivision map, parcel map, or other residential development approval who donates land to the city is entitled to a density bonus in addition to any other density bonus for the housing development, up to a maximum combined density increase of 35%. The density bonus for the donation of land will be calculated as follows:

Table 1. Density Bonus for Land Donation

B. Requirements for Bonus. A bonus for the donation of land must meet the following requirements:

1. The applicant shall donate and transfer the land no later than the date of approval of the final tract, parcel map, or residential development application;

2. The developable acreage and zoning classification of the land being transferred must be sufficient to permit construction of units affordable to very low

income households in an amount not less than 10% of the number of residential units of the proposed housing development;

3. The transferred land shall be at least one acre in size or of sufficient size to permit development of at least forty units, has the appropriate general plan designation, is appropriately zoned for development as affordable housing, and is or will be served by adequate public facilities and infrastructure. The land shall have appropriate zoning and development standards to make the development of the affordable units feasible;

4. No later than the date of approval of the final subdivision map, parcel map, or residential development application, the transferred land shall have all of the permits and approvals, other than design review and building permits necessary for development of the very low income housing units on the transferred land;

5. The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of units.

6. The land is transferred to the city or to a housing developer approved by the city.

7. The transferred land must be within a quarter mile of the boundary of the proposed housing development;

8. A proposed source of funding for the very low income units is identified not later than the date of approval of the final parcel, tract map, or residential development application.

(Ord. 08-05, eff. 6-23-2008)

HISTORY

Repealed & Replaced by Ord. 22-06 on 11/14/2022

159.339 Condominium Conversions

A. Eligibility. When an applicant seeks to convert apartments to a condominium project and provide affordable housing, he or she will receive either (1) a density bonus or (2) other incentives of equivalent financial value.

Table 1: Density Bonus for Condominium Projects

• B. Findings. To grant a bonus or incentive, the reviewing body must make the following findings.

  1. The requested bonus or incentive corresponds to the affordability thresholds in Table 1 of this section;

  2. The condominium project does not seek and has not benefitted from a density bonus, incentive, concession, waiver, or parking ratio under this subchapter;

3. The condominium project is not proposed on any property on which dwelling units have been vacated or demolished in the five-year period preceding the application, which have been:

a) Subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons or families of lower or very low income;

• b) Subject to any other form of rent or price control through a public entity's valid exercise of its police power; or

c) Occupied by lower or very low income households; Unless, either of the following apply:

• i. The proposed condominium project, inclusive of the units replaced, contains affordable units at the percentages qualifying for a density bonus; or

ii. Each unit in the condominium project is affordable to, and occupied by, either a lower or very low income household,

• (Ord. 08-05, eff. 6-23-2008)

HISTORY

Repealed & Replaced by Ord. 22-06 on 11/14/2022

159.340 Standards Governing Affordable Units

• A. Affordable units must be dispersed throughout the project;

• B. Affordable unit types shall be provided in approximately the same proportion as units in the project as a whole;

C. Affordable units must be compatible with the design of the market rate units, except that the applicant may reduce the interior amenities for affordable units upon approval by the city as necessary to retain project affordability;

D. Affordable units must comply with all applicable development standards, except those which may be modified by this subchapter.

(Ord. 08-05, eff. 6-23-2008)

HISTORY

Repealed & Replaced by Ord. 22-06 on 11/14/2022 159.341 Miscellaneous

A. Contiguity. For purposes 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.

B. Proximity. The density bonus units will be permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located.

C. Combinations. Density bonuses must be selected from one category and cannot be combined, except for density bonuses for childcare facilities in § 159.337 and the donation of land in § 159.338.

D. Rounding. If the total number resulting from a calculation based on the allowances in any of the tables of this subchapter are other than a whole number, the number will be rounded up to the next whole number.

E. Timing. Affordable units and density bonus units in a housing development will be constructed concurrently with or prior to the construction of marketrate units, unless both the city and the applicant agree within the density bonus housing agreement to an alternative schedule for development.

(Ord. 08-05, eff. 6-23-2008)

HISTORY

Repealed & Replaced by Ord. 22-06 on 11/14/2022

159.342 Density Bonus Housing Agreement

A. Deed Restriction. A density bonus housing agreement will be made a condition of the density bonus permit. The terms and conditions of the density bonus agreement will run with the land which is to be developed, shall be binding upon the successor(s)-in-interest of the density bonus permit applicant, shall be recorded in the county recorder's office, and shall be approved as to form by the city attorney as to compliance with applicable state law.

B. Timing. The recordation shall take place prior to final map approval, or, where a map is not being processed, prior to issuance of building permits for such parcels or units.

• C. Required Provisions. The density bonus housing agreement shall include at least the following:

  1. The total number of units approved for the housing development, including the number of affordable units;

  2. A description of the household income group to be accommodated by the housing development and the standards for determining the corresponding affordable rent or affordable housing cost;

  3. The location, unit sizes (square feet), and number of bedrooms of affordable units;

  4. Tenure of use restrictions of at least 55 years for affordable units and, as applicable, density bonus units;

  5. A schedule for completion and occupancy of affordable units;

  6. A description of the incentives or concessions;

  7. A description of the waivers;

  8. A description of the parking ratio;

  9. A prohibition on any rentals whereby a residence or a portion of a residence is rented to a tenant for a period of less than thirty days;

  10. A clause allowing for the recovery of any legal costs incurred in any action taken to enforce compliance with the density bonus housing agreement;

  11. Applicable deed restrictions, in a form satisfactory to the city attorney, containing provisions for the enforcement of owner or developer compliance. Any default or failure to comply may result in foreclosure, specific performance, or withdrawal of the certificate of occupancy;

  12. Other provisions to ensure implementation and compliance with this subchapter.

• D. For-Sale Housing Developments. In the case of for-sale housing developments, the density bonus housing agreement shall provide for the following conditions governing the initial sale and use of affordable units during the applicable use restriction period:

  1. Affordable units shall, upon initial sale, be sold to eligible very low or lower income households, or moderate income households for condominiums, at an affordable housing cost;

2. Purchasers of affordable units shall be required to occupy the unit except with approval from the city. Evidence must be presented to the city that the owner is unable to occupy the unit due to illness or incapacity. In such cases, the unit shall be rented to a person within the same household income category; and

3. A resale restriction shall be recorded against all affordable units restricting the price at which the unit may be resold during the applicable use restriction period.

4. The agreement shall specify that subsequent owners must meet the same qualifications as the original owner and must be pre-approved for purchase by the city. The agreement shall also grant the city the right-of-first-refusal to purchase an affordable unit each time it is sold.

   5. The city will enforce an equity sharing agreement which will require that, upon resale, the seller of the unit will retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. For purposes of this section, 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. The city's proportionate share of appreciation will be equal to the ratio of the city's initial subsidy to the fair market value of the home at the time of the initial sale.

   6. Provisions requiring sellers to submit an annual report to the city on December 31st, which includes the name, address, and income of each buyer of an affordable unit, and which identifies the purchase price upon sale or resale.

• E. Rental Housing Developments. In the case of rental housing developments, the density bonus housing agreement shall provide for the following conditions governing the use of affordable units during the use restriction period:

  1. Affordable units will be let to qualified residents at an affordable rent;

  2. Affordable units within housing developments where 100% of the base density units are restricted to very low, lower, or moderate income households will be let to qualified residents at an affordable rent as calculated by Cal. Gov't Code § 65915( c)(l)(B)(ii).

  3. The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies, and maintaining affordable units for qualified tenants;

  4. Provisions requiring owners to verify tenant incomes and maintain books and records to demonstrate compliance with this subchapter; and

  5. Provisions requiring owners to submit an annual report to the city on December 31st, which includes the name, address, and income of each person occupying affordable units, and which identifies the bedroom size and monthly rent or cost of each affordable unit.

• (Ord. 08-05, eff. 6-23-2008)

HISTORY