Beaumont Municipal Code Ch. 17.C.14 No Net Loss Program

A. On October 9, 2019, the California Legislature adopted Senate Bill 330 (SB 330) which, among other things, adopted California Government Code § 66300, declared a housing crisis in the State of California and imposed certain requirements designed to streamline the construction of new housing, and prevent the loss of existing housing and land available for future residential use, unless replaced in other areas of the affected jurisdiction to ensure no net loss in residential capacity. SB 330 became effective on January 1, 2020.

B. The City desires to ensure its compliance with SB 330 and establish a no Net Loss Program for certain residential projects. This Chapter provides, concurrent with the approval of any change in zone from a residential use to a less intensive or nonresidential use, a density bonus will become available to project applicants subsequently seeking to develop property for residential use within the City. In doing so, the City will ensure that there is no net loss of residential capacity within the City as required by SB 330.

The City shall grant a density bonus through the No Net Loss Program to projects which meet the criteria in this Section.

A. Lot Size. The project is on a lot of at least one acre, or the applicant is processing an application concurrently with a parcel merger of two or more lots which will create a lot of not less than one acre.

B. Zones. The project takes place in one of the following zones:

1. Residential Traditional Neighborhood (R-TN);

2. Residential Multiple Family (R-MF);

3. Downtown Residential Multiple Family (DMF);

4. Sixth Street Mixed Use Residential (SSMU-R);

5. Transit Oriented Development (TOD) Overlay; or

6. Downtown Residential Traditional Neighborhood (D-RTN) Overlay.

C. Housing Development. The project requesting the density bonus must be a housing development, consisting of five or more residential units or lots, including single-family, multiple-family, or residential mixed-use projects.

D. No Net Loss Program Density Bonus Allowed. The following shall be used to determine the number of No Net Loss Program density bonus units to be granted in accordance with this Chapter:

1. In the R-TN Zone or D-RTN Overlay the total number of dwelling units allowed under this program shall be calculated by multiplying the maximum density allowed under the applicable zone and multiplying the result by 1.1 for a 10 percent density bonus.

2. In the R-MF, DMF, SSMU-R, or TOD Overlay zones, the total number of dwelling units allowed under this program shall be calculated by multiplying the maximum density allowed under the applicable zone and multiplying the result by 1.2, for a 20 percent density bonus.

3. Density bonuses in the No Net Loss Program can be combined with other density bonus programs as established in Chapter 17.C.12 (Affordable Housing Incentives and Density Bonus Provisions) or with a program in the Housing Element.

4. In no case shall the number of density bonus units awarded under the No Net Loss Program exceed the number of units in the No Net Loss Unit Bank.

5. No density bonus shall be granted for any nonresidential portion of a residential mixed-use project.

E. Agreement Required. A density bonus agreement shall be required for any project seeking a density bonus as part of the No Net Loss Program.

All development standards for the base zone and/or overlay shall be met. Granting of a density bonus does not constitute approval of or grounds for modification or waiver of any development standard or other requirement of this Title. Any variance or modification to standards requested shall be reviewed and processed based on the required findings for those applications regardless of the No Net Loss Program density bonus request.

A. Application. Any application required by this Title shall be submitted for a project that includes a No Net Loss Program density bonus. The application shall be filed consistent with Division 17.D (Administration and Procedures). The application, whether a pre-application or a formal application, shall be provided on the City's application form and include a description of the proposed housing development, including the total number of units and total number of No Net Loss Program density bonus units proposed.

B. Processing.

1. The application shall be processed as part of the application for the housing development consistent with Division 17.D (Administration and Procedures).

2. Within 90 days of receipt of the application for a No Net Loss Program the City shall provide a letter to the applicant, which identifies whether the requested density bonus units are available in the No Net Loss Program Unit Bank, project issues of concern, and the procedures for compliance with this Chapter.

3. The Community Development Director shall have the sole authority to administer and maintain the No Net Loss Program Unit Bank balances, credits, and availability.

A. Agreement Required. A legally binding agreement between an applicant and the City, which ensures that the requirements of this Chapter are satisfied, shall be executed. This density bonus housing agreement (agreement) shall be reviewed and approved by the Community Development Director and the City Attorney who shall formulate a recommendation to the Review Authority for approval.

B. Recorded Agreement. Following execution of the agreement by the applicant and the City, the completed agreement (or memorandum thereof) shall be recorded. The conditions contained in the agreement shall be filed and recorded on the lot or lots designated for the construction of the housing development as a condition of final map approval, or, where a map is not being processed, prior to issuance of building permits for such lots or units. The agreement shall be binding upon all future owners and successors in interest for this property, which is the subject of the housing development application.

C. Combined Agreement. If the housing development is receiving additional density bonus or incentives, the agreements required by this Chapter and Chapter 17.C.12 (Affordable Housing Incentives and Density Bonus Provisions) may be combined.

D. Agreement Contents. At a minimum, the agreement shall include the following:

1. The total number of units proposed within the housing development;

2. A schedule for completion and occupancy of the units;

3. A description of any additional incentive being provided by the City under Chapter 17.C.12 (Affordable Housing Incentives and Density Bonus Provisions) or the Housing Element;

4. A description of remedies for breach of the agreement by either party; and

5. Any other provisions to ensure implementation and compliance with this Chapter and other density bonus provisions established in Chapter 17.C.12 (Affordable Housing Incentives and Density Bonus Provisions) or the Housing Element, as applicable.