§ 15.60

This chapter is being enacted:

(1)

To provide incentives for the production of housing for very low income, low income, moderate income and senior citizen households;

(2)

To provide incentives for the creation of rental housing serving lower and moderate income households;

(3)

To provide incentives for the construction of childcare facilities serving very low, lower and moderate income households; and

(4)

To implement Sections 65915, 65915.5, and 65917 of the California Government Code as required by Section 65915(a).

In enacting this chapter, the city also intends to implement the goals, objectives, and policies of the city's general plan housing element to encourage the construction of affordable housing in the city. It is also the city's intent to encourage the development of rental housing to serve an economically diverse community. Accordingly, the city desires to provide a density bonus upon the request of an applicant when the applicant is not otherwise required to include affordable or senior citizen restricted units in a project.

(Ord. No. 1461, § 1, 3-12-13)

For purposes of this chapter, the following definitions shall apply. Unless specifically defined below, words or phrases shall be interpreted as to give this chapter its most reasonable interpretation.

"Affordable ownership costs" means average annual housing costs, including mortgage payments, property taxes, homeowners' insurance, and homeowners' association dues, if any, which do not exceed the following:

i.

Very low income households: Fifty percent of area median income, adjusted for assumed household size based on unit size, multiplied by thirty percent.

ii.

Lower income households: Seventy percent of area median income, adjusted for assumed household size based on unit size, multiplied by thirty percent.

iii.

Moderate income households: One hundred ten percent of area median income, adjusted for assumed household size based on unit size, multiplied by thirty-five percent.

On an annual basis, the city shall make available copies of the U.S. Department of Housing and Urban Development household income limits applicable to owner-occupied affordable units subject to this chapter and may determine an inflation factor to establish the affordable ownership cost limits applicable to an affordable unit.

"Affordable rent" means annual rent, including utilities and all fees for housing services, which does not exceed the following:

i.

Very low income households: Fifty percent of area median income, adjusted for assumed household size based on unit size, multiplied by thirty percent.

ii.

Lower income households: Sixty percent of area median income, adjusted for assumed household size based on unit size, multiplied by thirty percent.

On an annual basis, the city shall make available copies of the U.S. Department of Housing and Urban Development household income limits applicable to tenant-occupied affordable units subject to this chapter and may determine an inflation factor to establish the affordable rent limits applicable to an affordable unit.

"Affordable units" are dwelling units which are affordable to very low, lower, or moderate income households as defined by this chapter or by any federal or state housing program and are subject to rental, sale, or resale provisions to maintain affordability.

"Applicant" means a developer or applicant for a density bonus who seeks and agrees to construct a qualified housing development on or after the effective date of this chapter pursuant to Section 65915, subdivision (b), of the California Government Code.

"Area median income" means area median income for Riverside County as published by the State of California pursuant to California Code of Regulations, Title 25, Section 6932, or a successor provision.

"Assumed household size based on unit size" means a household of one person in a studio apartment, two persons in a one-bedroom unit, three persons in a two-bedroom unit, and one additional person for each additional bedroom thereafter.

"Childcare facility" means a child day care facility other than a family day care home including, but not limited to, infant centers, preschools, extended day care facilities, and school age childcare centers.

"City" means the City of Banning, California, including the city's redevelopment successor agency and/or the city's housing authority acting on behalf of the city.

"Common interest development" bears the same meaning as defined in Section 1351 of the California Civil Code.

"Density bonus" means a density increase over the otherwise allowable zoning maximum residential density on a site as of the date of application by the applicant to the city, granted pursuant to this chapter.

"Density bonus units" means residential units granted pursuant to this chapter which exceed the otherwise allowable zoning maximum residential density for a housing development.

"Density bonus housing agreement" means an agreement governing affordable and density bonus units as a condition of granting any density bonus, as further described in section 15.60.130 of this chapter.

"Development standard" means any site or construction condition including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an onsite open-space requirement, or a parking ratio that applies to a housing development pursuant to any ordinance, general plan element, specific plan, or other local condition, law, policy, or regulation. A "site and construction condition" is a development condition or law that provides a specification for the physical development of a site and buildings on the site in a housing development.

"First approval" means the first of the following approvals to occur with respect to a housing development: specific plan, development agreement, planned development permit, tentative map, minor land division, use permit, design permit, building permit, or any other development entitlement permit listed in titles 15, 16 and/or 17 of this code.

"Household income" means the combined adjusted gross household income for all adult persons living in a residential unit as calculated for the purpose of the Section 8 program under the United States Housing Act of 1937, as amended, or its successor provision.

"Very low-income household" shall have the same meaning as provided in California Health & Safety Code Section 50105.

"Lower income household" shall have the same meaning as provided in California Health & Safety Code Section 50079.5.

"Moderate income household" shall have the same meaning as provided in California Health & Safety Code Section 50093.

"Housing development" means one or more groups of projects for residential units in the planned development of the city. "Housing development" also includes a subdivision or common interest development, as defined in Section 1351 of the California Civil Code, approved by the city and consisting of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, as defined in subdivision (d) of Section 65863.4 of the Government Code, where the result of the rehabilitation would be a net increase in available residential units. For the purpose 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. For purposes of this chapter, "housing development" does not include projects for less than five dwelling units.

"Incentives and concessions" are regulatory concessions as listed in section 15.60.080 of this chapter.

"Market-rate unit" means a dwelling unit which is not an affordable unit or an inclusionary unit.

"Maximum residential density" means the maximum number of dwelling units permitted by the zoning ordinance and land use element of the general plan or, if a range of density is permitted, means 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 general plan density shall prevail. The

maximum allowable density is based on the date an application for a housing development is deemed complete. This definition is used to calculate a density bonus pursuant to this chapter.

"Senior citizen housing development" means senior citizen housing as defined in Section 51.3 (a housing development developed, substantially rehabilitated, or substantially renovated for senior citizens that has at least thirty-five dwelling units) and Section 51.12 of the California Civil Code, or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code.

"Specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identifiable, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete. Mere inconsistency with the zoning ordinance or general plan land use designation shall not constitute a specific, adverse impact upon the public health or safety.

(Ord. No. 1461, § 1, 3-12-13)

15.60.030 - Density bonuses for affordable and senior citizen housing.

A.

Very Low and Lower Income Housing and Senior Citizen Housing. Upon written request to the city, an applicant for a housing development is eligible for one density bonus of twenty percent over the maximum residential density (except in the case of senior citizen housing, as provided below), provided that the applicant agrees to construct the housing development in accordance with one of the following criteria:

1.

Five percent of the total dwelling units, excluding any units permitted by the density bonus, are provided at affordable rent or ownership costs to very low income households; or

2.

Ten percent of the total dwelling units, excluding any units permitted by the density bonus, are provided at affordable rent or ownership costs to lower income households; or

3.

A senior citizen housing development. For senior citizen housing developments, the density bonus shall be twenty percent of the number of senior housing units provided.

B.

Moderate Income Housing. Upon written request to the city, an applicant for a housing development is eligible for one density bonus of five percent over the maximum residential density if the applicant agrees to construct the housing development in accordance with all of the following criteria:

1.

At least ten percent of the total dwelling units, excluding any units permitted by the density bonus, are provided at affordable ownership costs to moderate income households; and

2.

The housing development is a common interest project as defined by Section 1351 of the California Civil Code; and

3.

All of the dwelling units in the housing development are offered for sale to the public.

C.

Higher Density Bonus for Greater Contribution of Affordable Units. Upon written request to the city, an applicant for a housing development that is eligible for a density bonus based upon the contribution of affordable units, may receive a higher amount of density bonus if the percentage of very low, lower, and moderate income housing units exceeds the base percentage established in subsections (A) or (B) above, as follows:

1.

Very low income units - For each one percent increase above five percent in affordable units for very low income households, the density bonus shall be increased by two and one-half percent up to a maximum of thirty-five percent, as follows:

2.

Lower income units - For each one percent increase above ten percent in affordable units for lower income households, the density bonus shall be increased by one and one-half percent up to a maximum of thirtyfive percent, as follows:

3.

Moderate income ownership units - For each one percent increase above ten percent in affordable units offered for sale to moderate income households, the density bonus shall be increased by one percent up to a maximum of thirty-five percent, as follows:

D.

Continued Affordability. Affordable units qualifying a housing development for a density bonus shall remain affordable as follows:

1.

Very low income and lower income household units shall remain affordable to the designated income group for a minimum of thirty years, or for a longer period of time if required by any construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program applicable to the dwelling units.

2.

An applicant shall agree to, and the city shall ensure, that the initial occupant of moderate-income units that are directly related to the receipt of the density bonus in a common interest development, are persons and families of moderate income and that the units are offered at an affordable housing cost. The local government shall enforce an equity-sharing agreement, unless it is in conflict with the requirements of another public funding source or law. The following shall apply to the equity-sharing agreement:

a.

Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. The city shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within three years for any of the purposes that promote homeownership as described in subdivision (e) of Section 33334.2 of the California Health and Safety Code that promote homeownership.

b.

For purposes of this subdivision, the city's initial subsidy shall 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 shall be used as the initial market value.

c.

For purposes of this subdivision, the city's proportionate share of appreciation shall be equal to the ratio of the initial subsidy to the fair market value of the home at the time of initial sale.

3.

The resale price of any owner-occupied affordable unit shall not exceed the affordable ownership costs with the following exceptions: (i) customary closing costs and costs of sale; or (ii) costs of real estate commissions paid by the seller if a licensed real estate salesperson is employed; or (iii) consideration of permanent capital improvements installed by the seller.

4.

These provisions for continued affordability shall be a provision of the density bonus housing agreement required by section 15.60.130 hereof.

E.

Specification of Basis for Density Bonus. Each applicant who requests a density bonus pursuant to this section, shall elect whether the bonus will be awarded on the basis of subsection (A)(1), (A)(2), (A)(3) or subsection (B) of this section. Each housing development is entitled to only one density bonus, which may be selected based on the percentage of either very low income affordable housing units, lower-income affordable housing units or moderate-income affordable housing units, or the development's status as a senior citizen housing development. Density bonuses from more than one of these categories may not be combined.

(Ord. No. 1461, § 1, 3-12-13)

15.60.040 - Additional density bonus for donations of land.

A.

Upon written request, when an applicant for a tentative map, subdivision map, parcel map, or other residential development approval qualified for a density bonus pursuant to section 15.60.030 also donates land to the city in accordance with this section, the applicant shall be entitled to an additional density bonus. Applicants donating land to the city shall be eligible for an additional fifteen percent density bonus at the site of the housing development if the donated land is suitable for the construction of very low income units equaling at least ten percent of the market-rate units being constructed for the project. The density bonus provided pursuant to this section shall be in addition to any density bonus granted pursuant to section 15.60.030, up to a maximum combined density bonus of thirty-five percent.

B.

To qualify for the additional density bonus described in subsection (A) of this section, the donation of land must meet all of the following criteria:

1.

The tentative map, subdivision map, parcel map, or other residential development must otherwise be subject to a density bonus pursuant to section 15.60.030; and

2.

The land must be transferred no later than the date of the approval of the final subdivision map, parcel map, or housing development application; and

3.

The developable acreage and zoning classification of the land being transferred must be sufficient to permit construction of dwelling units affordable to very low income households in an amount not less than ten percent of the total number of market rate dwelling units in the proposed development (i.e., the proposed development before the addition of any density bonus); and

4.

The donated land is at least one acre in size or is large enough to permit development of at least forty units, has the appropriate general plan land use designation, has the appropriate zoning and development standards for affordable housing and, at the time of project approval is, or at the time of construction will be, served by adequate public facilities and infrastructure; and

5.

No later than the date of approval of the final map, parcel map, or other development application for the housing development, the donated land must have all of the applicable permits and approvals (other than building permits) necessary for the development of the very low income housing units on the donated land, except that the city may subject the proposed housing development to subsequent design review to the extent authorized by California Government Code Section 65583.2 subsection (i) if the design is not reviewed by the City prior to the time of transfer; and

6.

The donated land is subject to a deed restriction ensuring continued affordability of the very low income units consistent with section 15.60.030(D), which deed restriction shall be recorded upon the donated property at the time of its transfer; and

7.

The land will be transferred to the city or to a housing developer approved by the city. The city reserves the right to require the applicant to identify a developer and to require that the land be transferred to that developer; and

8.

The land is within the boundary of the proposed housing development or within one-quarter mile of the boundary of the proposed housing development; and

9.

No later than the date of approval of the final map, parcel map, or other development application for the housing development, a proposed source of funding for the construction of the very low income units shall

be identified.

C.

Additional Density Bonus Based on Greater Suitability of Land for Very Low-Income Housing. For each one percent increase above the minimum ten percent in the number of very low income housing units that can be accommodated on the donated land, the maximum density bonus shall be increased by one percent, up to a maximum of thirty-five percent, as follows:

(Ord. No. 1461, § 1, 3-12-13)

15.60.050 - Density bonus and incentives for condominium conversions.

A.

An applicant for a conversion of existing rental apartments to condominiums is eligible for either a density bonus or other incentives of equivalent financial value, at the option of the city, if the applicant agrees to provide:

(1)

At least thirty-three percent of the total units of the proposed condominium project to persons and families of low or moderate income as defined in Section 50093 of the Health and Safety Code, or

(2)

At least fifteen percent of the total units of the proposed condominium project to lower income households as defined in Section 50079.5 of the Health and Safety Code, and

(3)

The applicant agrees to pay for the reasonably necessary administrative costs incurred by the city pursuant to this section.

B.

Condominium conversions qualified under subsection (A), above, may receive one of the following, at the city's option:

1.

A flat density bonus of twenty-five percent to be provided within the existing structure or structures proposed for conversion, excepting that a condominium conversion is ineligible for this bonus if the apartments to be converted originally received a density bonus or incentives pursuant to any other provisions of this chapter or pursuant to California Government Code Section 65915. Qualified applicants may choose to implement a lower density bonus.

2.

Incentives of equivalent financial value in the form of a reduction or waiver of requirements or fees which the city might otherwise apply as conditions of conversion approval. "Other incentives of equivalent financial value" shall not be construed to require the city to provide cash transfer payments or other monetary compensation to the condominium conversion project or its applicant.

C.

The city reserves the right to place such reasonable conditions on the granting of a density bonus or other incentives of equivalent financial value pursuant to this section as it finds appropriate, including, but not limited to, conditions which assure continued affordability of units to subsequent purchasers who are persons and families of low and moderate income or lower income households.

D.

Condominium conversions are eligible only for the granting of a density bonus or incentive of equivalent value pursuant to this section, which bonus or incentive may not be granted in addition to, or combined with, any other incentives, concessions, density bonuses or waivers and reductions of development standards pursuant other sections of this chapter. Nothing in this section shall be construed to require the city to approve a proposal to convert rental apartments into condominiums.

(Ord. No. 1461, § 1, 3-12-13)

A.

A housing development that is eligible for a density bonus pursuant to section 15.60.030 which includes a childcare facility qualified under this section is also eligible for either of the following, at the option of the city, if requested in writing by the applicant:

1.

An additional density bonus that is 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 incentive that contributes significantly to the economic feasibility of the construction of the childcare facility.

B.

A childcare facility will only qualify the housing development for an additional density bonus or incentive or concession if it is (i) located on the premises of, as part of, or adjacent to the housing development, and (ii) the housing development is eligible for a density bonus pursuant to section 15.60.030. As a condition of approving the additional density bonus for the housing development, the childcare facility must meet all of the following criteria:

1.

The childcare facility shall be used exclusively for childcare for a period of time that is as long as or longer than the period of time during which the affordable units are required to remain affordable as stated in deed restrictions and pursuant to section 15.60.030(D); and

2.

Of the children who attend the childcare facility, 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 in that housing development that are proposed to be affordable to very low income households, lower income households, or moderate income households pursuant to section 15.60.030.

C.

Notwithstanding any requirement of this section, the city shall not be required to provide a density bonus or concession or incentive for a childcare facility if it makes a written finding, based upon substantial evidence, that the community already has adequate childcare facilities.

(Ord. No. 1461, § 1, 3-12-13)

A.

For the purposes of any provisions in this chapter, an applicant may elect to accept a lesser percentage of density bonus than that to which the housing development is eligible.

B.

When calculating the number of permitted density bonus units, any calculations resulting in fractional units shall be rounded up to the next larger whole number.

C.

For the purpose of calculating a density bonus, the dwelling 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. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the affordable units are located.

D.

For the purposes of this chapter, the term "total units" or "total dwelling units" in a housing development does not include those units added by any density bonus.

E.

Regardless of the number or extent of affordable units, senior housing, land dedication, childcare facilities or other qualifications for a density bonus provided in any single housing development, no housing development may be entitled to a total density bonus of more than thirty-five percent.

(Ord. No. 1461, § 1, 3-12-13)

A.

Definition of a Qualified Concession or Incentive. An applicant for a density bonus pursuant to section 15.60.030 may also submit to the city a written proposal for specific incentives or concessions as provided in this section. The applicant may also request a meeting with the city's city manager or his/her designee to discuss such proposal. For purposes of this chapter, concessions and incentives include any of the following:

1.

Reductions in site development standards or modifications of zoning requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the California

Health & Safety Code. These include, without limitation, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required. In order to qualify as a "concession or incentive," the city must be able to find that the requested reductions in site development standards result in identifiable, financially sufficient, and actual cost reductions; or

2.

Approval of mixed use zoning in conjunction with the housing development if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial or other land uses are compatible with the housing development and the existing or planned development in the area where the proposed housing development will be located; or

3.

Other regulatory incentives or concessions proposed by the applicant or the city, so long as the city can find that such proposals result in identifiable, financially sufficient, and actual cost reductions.

B.

Findings to Deny Concession or Incentive. The city shall grant the concession or incentive requested by the applicant unless the city makes a written finding, based upon substantial evidence, of any of the following:

1.

The concession or incentive is not required in order to provide for affordable housing costs or for affordable rents for the targeted units to be set as specified in section 15.60.030(D); or

2.

The concession or incentive would have a specific adverse impact; or

3.

The concession or incentive would be contrary to state or federal law.

C.

Number of Concessions or Incentives. If all other provisions of this section are satisfied, an applicant will be eligible for the following number of incentives and concessions:

1.

One incentive or concession for housing developments where at least five percent of the total units are for very low income households, at least ten percent of the total units are for lower income households, or at least ten percent of the total units in a common interest development are sold to moderate income households; or

2.

Two incentives or concessions for housing developments where at least ten percent of the total units are for very low income households, at least twenty percent of the total units are for lower income households, or at least twenty percent of the total units in a common interest development are sold to moderate income households.

3.

Three incentives or concessions for housing developments where at least fifteen percent of the total units are for very low income households, at least thirty percent of the total units are for lower income households, or at least thirty percent of the total units in a common interest development are sold to moderate income households.

D.

This section does not limit or require the provision of direct financial incentives for the housing development, including the provision of publicly-owned land, by the city or the waiver of fees or dedication requirements. Nor does any provision of this section require the city to grant an incentive or concession found to have a specific adverse impact.

E.

The granting of a concession or incentive shall not be interpreted, in and of itself, to require a General Plan amendment, zoning change, or other discretionary approval.

(Ord. No. 1461, § 1, 3-12-13)

A.

Applicants granted a density bonus pursuant to section 15.60.030 may, by written proposal, seek a waiver, modification or reduction of development standards that would otherwise have the effect of physically precluding the construction of the housing development at the densities or with the concessions or incentives permitted pursuant to this chapter. The applicant may also request a meeting with the city to discuss such request for waivers and modifications.

B.

To obtain a waiver or modification of development standards, the applicant shall show that the development standards will have the effect of physically precluding the construction of a housing development meeting the criteria of section 15.60.030(A) and (B) at the densities or with the concessions or incentives permitted by this chapter.

C.

A proposal for the waiver or reduction of development standards pursuant to this section shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to section 15.60.080.

D.

The city may deny a request for any waiver, modification or reduction of development standards if the wavier, modification or reduction would have a specific adverse impact.

(Ord. No. 1461, § 1, 3-12-13)

Upon the written request of the applicant for a housing development meeting the criteria for a density bonus under section 15.60.030, the city shall not require a vehicular parking ratio that exceeds the following:

1.

Zero to one-bedroom units: One on-site parking space.

2.

Two to three-bedroom units: Two on-site parking spaces.

3.

Four and more bedroom units: Two and one-half parking spaces.

Guest parking and handicapped parking shall be included within the maximum number of spaces that may be required. If the total number of parking spaces required for a housing development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this section, a housing development may provide on-site parking through tandem parking or uncovered parking, but not through

on-street parking. For purposes of this chapter, the parking ratios set forth in this section shall be deemed a concession or incentive available to the applicant under section 15.60.080.

(Ord. No. 1461, § 1, 3-12-13)

A.

Affordable units qualifying a housing development for a density bonus shall be reasonably dispersed throughout the housing development and compatible with the design of market-rate units in terms of appearance, materials, and finished quality. The applicant may reduce the interior amenities and square footage of inclusionary units, provided all units conform to all other requirements of this code.

B.

For developments with multiple market-rate units containing differing numbers of bedrooms, affordable units qualifying as a housing development for a density bonus shall be representative of the market-rate unit mix.

C.

All building permits for affordable units qualifying a housing development for a density bonus shall be issued concurrently with, or prior to, issuance of building permits for the market rate units, and the affordable units shall be constructed concurrently with, or prior to, construction of the market rate units. Occupancy permits and final inspections for affordable units qualifying a housing development for a density bonus shall be approved concurrently with, or prior to, approval of occupancy permits and final inspections for the market rate units.

(Ord. No. 1461, § 1, 3-12-13)

A.

A written application for a density bonus, incentive, concession, waiver, or modification pursuant to this chapter shall be submitted with the first application for approval of a housing development and processed concurrently with all other applications required for the housing development. The application shall be submitted on the form prescribed by the city's director of community development pursuant to chapter 17.48 of this code and shall additionally include at least the following information:

1.

Site plan showing total number of units, number and location of affordable units, and number and location of proposed density bonus units. The site plan shall describe the size, in square footage, of all affordable units and density bonus units.

A marketing plan that describes how the applicant will inform the public and those within the appropriate income groups of the availability of affordable units.

3.

The location, structure (attached, semi-attached, or detached), proposed tenure (for sale or rental), and size of the proposed market-rate units, any commercial space, density bonus units, and/or affordable units.

4.

Level of affordability proposed for each affordable housing unit and proposals for ensuring affordability.

5.

Description of any requested incentives, concessions, waivers or modifications of development standards, or modified parking standards. The application shall include evidence that the requested incentives and concessions are required for the provision of affordable housing costs and/or affordable rents, as well as, evidence relating to any other factual findings required under section 15.60.050.

6.

If a density bonus or concession is requested in connection with a land donation, the application shall show the location of the land to be dedicated and provide evidence that each of the findings included in section 15.60.080 can be made.

7.

If a density bonus or concession/incentive is requested for a childcare facility, the application shall show the location and square footage of the childcare facilities and provide evidence that each of the findings included in section 15.60.090 can be made.

8.

For phased projects, a phasing plan that provides for the timely development of the number of affordable units proportionate to each proposed phase of development.

9.

Any other information reasonably requested by the planning commission to assist with evaluation of the application.

B.

An application for a density bonus, incentive or concession pursuant to this chapter shall be considered by and acted upon by the approval body with authority to approve the housing development (generally the city's planning commission) and subject to the same administrative appeal procedure, if any, as more particularly described in chapter 17.68 of this zoning code. In accordance with state law, neither the granting of a concession, incentive, waiver, or modification nor the granting of a density bonus shall be interpreted, in and of itself, to require a general plan amendment, zoning change, variance, or other discretionary approval. Provisions of this code governing standards of design review and/or special use

permits that are more restrictive than, or contrary to, the provisions of this chapter shall be inapplicable to an application for density bonus.

C.

For housing developments requesting a waiver, modification or reduction of a development standard, an application pursuant to this subsection shall be heard in conjunction with the application for density bonus in accordance with chapter 17.68 of this zoning code. A public hearing shall be held by the planning commission and the commission shall issue a determination. Pursuant to Government Code Section 65915, the planning commission shall approve the requested waiver/modification or reduction of development standards, unless one of the following conditions applies:

1.

The development standards subject to the waiver/modification do not have the effect of physically precluding the construction of the housing development at the densities or with the concessions or incentives permitted pursuant to this chapter.

2.

The waiver/modification will have a specific adverse impact.

D.

The decision of the city planning commission may be appealed to the city council in accordance with chapter 17.68. Notice of any city determination pursuant to this section shall be provided to the same extent as required for the underlying development approval.

(Ord. No. 1461, § 1, 3-12-13)

A.

In General. As a condition to approval of any density bonus pursuant to this chapter, the applicant shall agree to enter into a density bonus housing agreement with the city, which agreement shall be binding upon the applicant and all successors in interest. The form of the density bonus housing agreement will vary, depending on the manner in which the provisions of this chapter are satisfied for a particular development. The agreement shall be recorded as a restriction on the parcel or parcels on which the affordable units and the density bonus units will be constructed. The approval and recordation of the agreement 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. The agreement must include, at minimum, all of the information required for the initial application as set forth in section 15.60.120(A).

B.

Density Bonus Housing Agreements for Ownership Units. In the case of housing developments consisting of ownership units, the density bonus housing agreement must provide the following additional conditions governing the sale and use of affordable units during the applicable affordability restriction period:

1.

Affordable units shall be sold or resold only to very low income households, lower income households, or moderate income households in a common interest development, at an affordable ownership cost as defined by this chapter.

2.

Affordable units shall be owner-occupied by very low or lower income households, or by moderate income households within a common interest development.

3.

Any conditions as necessary or directed by the city council (or other such governing body in the case of the redevelopment successor agency or housing authority) for the subordination or prioritization of liens or mortgages upon the parcel underlying the owner-occupied affordable unit(s).

4.

The purchaser of each affordable unit shall execute a deed instrument approved by the city, which instrument shall restrict the sale of the affordable unit in accordance with this chapter during the applicable affordability restriction period. Such instrument shall be recorded against the parcel containing the affordable unit and shall contain such provisions as the city may require to ensure continued compliance with this chapter and with Government Code Section 65915. With respect to moderate income affordable units, the instrument or agreement shall provide for equity-sharing as set forth in Government Code Section 65915. The deed restrictions required for affordable units shall specify that the title to the subject property shall only be transferred with prior written approval by the city.

5.

Any additional obligations relevant to the compliance with this chapter.

C.

Density Bonus Housing Agreements for Rental Units. In the case of housing developments consisting of rental units, the density bonus housing agreement must provide the following additional conditions governing the use of affordable units during the affordability restriction period:

1.

Specific property management procedures for qualifying and documenting tenant income eligibility, establishing affordable rent and maintaining affordable units for qualified tenants.

2.

Provisions requiring owners or managers of the housing development to verify household incomes for all tenants in affordable units and maintain books and records to demonstrate compliance with this chapter.

Provisions requiring owners or managers of the housing development to submit an annual report to the city, which includes the name(s), address, and income of each household occupying affordable units, and which identifies the bedroom size and monthly rent or cost of each affordable unit.

4.

Provisions describing the amount of, and timing for payment of, administrative fees to be paid to the city for the on-going compliance monitoring of the provisions of this chapter pursuant to section 15.60.140 below.

5.

Any conditions as necessary or directed by the city council (or other such governing body in the case of the redevelopment successor agency or housing authority) for the subordination or prioritization of liens or mortgages upon the parcel underlying the tenant-occupied affordable units.

6.

The property owner of each for-rent housing development containing affordable units shall execute a deed instrument approved by the city, which instrument shall restrict the leasing of the affordable unit in accordance with this chapter during the applicable affordability restriction period. Such instrument shall be recorded against the parcel containing the affordable units and shall include the provisions of this ordinance and shall provide, at a minimum, each of the following provisions:

(a)

The affordable units shall be leased to and occupied by eligible households;

(b)

The affordable units shall be leased at rent levels affordable to eligible households for the full duration of the affordability period;

(c)

Subleasing of affordable units shall not be permitted without the express written consent of the city; and

(d)

Title to the subject property shall only be transferred with prior written approval by the city.

7.

Any additional obligations relevant to the compliance with this chapter.

(Ord. No. 1461, § 1, 3-12-13)

An administrative fee shall be charged to the applicant for city review of all materials submitted in accordance with this chapter and for on-going enforcement of the provisions of this chapter. The fee

amount shall be established by city council resolution. Fees will be charged for staff time and materials associated with the following activities: development review process, agreement drafting, project marketing and lease-up, and estimated city-incurred costs of monitoring long-term compliance of the affordable units.

(Ord. No. 1461, § 1, 3-12-13)

In the event it is determined that rents in excess of those allowed by operation of this chapter have been charged to a tenant residing in a rental affordable unit, the city may take the appropriate legal action to recover, and the rental unit owner shall be obligated to pay to the tenant (or to the city in the event the tenant cannot be located), any excess rent charges.

In the event it is determined that a sales price in excess of that allowed by operation of this chapter has been charged to a household purchasing an owner-occupied affordable unit, the city may take the appropriate legal action to recover, and the affordable unit seller shall be obligated to pay to the purchaser (or to the city in the event the purchaser cannot be located), any excess sales costs.

Nothing in this section 15.60.150 limits or waives any other remedies the city may have available to it in law or equity.

(Ord. No. 1461, § 1, 3-12-13)

15.60.160 - State law amendments.

This chapter implements the laws for density bonuses and other incentive and concessions available to qualified applicants under Government Code Sections 65915 through 65918. In the event these Government Code sections are amended, those amended provisions shall be incorporated into this chapter as if fully set forth herein. Should any inconsistencies exist between the amended state law and the provisions set forth in this chapter, the amended state law shall prevail.

(Ord. No. 1461, § 1, 3-12-13)

Chapter 15.64 - FLOODPLAIN MANAGEMENT*