Chapter 9.58

HOUSING DENSITY BONUS AND OTHER INCENTIVES

Sections:

• 9.58.010 Purpose. 9.58.020 Applicability. 9.58.030 Density bonus requirements. 9.58.040 Procedures. 9.58.050 Additional conditions.

The purpose and intent of this section is to implement Chapter 4.3, Density Bonuses and Other Incentives, Section 65915 et seq., of the California Government Code for the development of affordable housing and senior housing developments, which are incorporated herein by this reference.

This chapter shall apply to residential projects providing moderate-, low-, and very low-income housing and/or senior housing developments pursuant to the provisions and definitions of Chapter 4.3, Section 65915 et seq., of the California Government Code.

• A. Projects that meet the requirements set forth in this section shall qualify for a density bonus and an applicable number of concessions or incentives unless the City Council adopts a written finding based upon substantial evidence that any one of the following exists:

  1. The concession or incentive is not required to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5, or for rents for the targeted units to be set at the required affordable levels, as specified in Government Code Section 65915(c).

  2. The concession or incentive would have a specific adverse impact, as defined in Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment or on any real 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 development unaffordable to low- and moderate-income households.

  3. The disapproval of the project or imposition of conditions is required in order to comply with specific State or federal law, and there is no feasible method to comply without rendering the development unaffordable to very low- and low-income households.

  4. The development project is inconsistent with the City’s General Plan land use designation as it existed on the date the application was deemed complete, and the City has adopted a housing element in compliance with State law.

Zoning Ordinance

189

2024

City of Avenal Municipal Code Title 9 – Zoning Ordinance

• B. Project financial report. The applicant shall show in the form of a project financial report (financial pro forma) that the density bonus is necessary to make the housing units economically feasible, and the City may retain a consultant, at the developer’s sole cost, to review the project financial report and advise the City on the report. Where development and zoning standards exist, which would otherwise inhibit the utilization of the density bonus on specific sites, the City may waive or modify the standards consistent with the provisions of this section.

• A. Density Bonus/Incentives Review. Density bonus/incentive review by the Planning Commission shall only be required for projects involving Planning Commission approval. If no legislative entitlement is required, the Community Development Department staff shall have final approval authority on density bonuses and incentives. Appeals of a Planning Commission decision must be in accordance with Chapter 9.70 of the Avenal Municipal Code. If a rezone or General Plan amendment is part of the project, the Planning Commission shall make a recommendation on the density bonus and incentives request, but the City Council shall have final approval authority as part of the total project. Any special conditions of the City Zoning Ordinance pertaining to the project, and/or applicable development standards of the downtown area shall also apply.

  1. Regulatory Agreement. The City and applicant shall execute a regulatory agreement, ensuring compliance of the project with all applicable provisions and affordability restrictions as required under this section, State law, or other applicable affordable housing requirements, as well as equity sharing requirements if applicable. The regulatory agreement shall be recorded as a deed restriction with the County Recorder’s Office running with the land and be binding upon all future owners, developers, and/or successorsin-interest. The regulatory agreement shall be recorded prior to the approval of a final map, or where a map is not being processed, prior to the issuance of building permits for the parcel or units. Resale of moderate-income units shall be governed by Government Code Section 65915(c)(2). The regulatory agreement shall include at least the following:

     • a. The total number of units approved for the housing development, including the number of target units.

     • b. 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 sales price and housing costs.

     • c. The location, unit sizes, square feet, and the number of bedrooms of target units.

     • d. Tenure of use restrictions for target units of at least 10 or 30 years in compliance with applicable laws.

     • e. A schedule for completion and occupancy of target units.

     • f. A description of the additional incentive(s) being provided by the City.

     • g. A description of remedies for breach of the regulatory agreement by the owners, developers, and/or successors-in-interest of the project.

     • h. Other provisions to ensure implementation and compliance with this section.

Zoning Ordinance

190

2024

City of Avenal Municipal Code Title 9 – Zoning Ordinance

• A. In addition, reasonable conditions may be imposed to assure the continued availability of such housing as very low-, low-, or moderate-income housing, or for senior housing developments as defined in Civil Code Sections 51.3 and 51.12.

• B. Those units targeted for low-income households shall be affordable at a rent that does not exceed current Housing and Urban Development (HUD) income limits for low-income households for the County adjusted for household size.

• C. Those units targeted for very low-income households shall be affordable at a rent that does not exceed current HUD income limits for very low-income households in the county adjusted for household size.

• D. The owner(s) shall maintain and keep on file documentation for the income level of each tenant occupying the target units.

• E. The owner(s) shall provide the City with any additional information required by the City to ensure the long-term affordability of the target units by eligible households.

• F. The City shall have the right to inspect the owner’s project-related records at any reasonable time and shall be entitled to audit the owner’s records once a year.

• G. The City may establish fees associated with the setting up and monitoring of target units.

• H. All ownership target units shall be occupied by their purchasers; no renting or leasing shall be allowed.

Zoning Ordinance

191

2024

City of Avenal Municipal Code Title 9 – Zoning Ordinance