Camarillo Municipal Code Ch. 19.49 Density Bonus and Other Incentives

The purpose of this chapter is to establish procedures for implementing density bonus requirements set forth in Government Code Section 65915, et. seq., as may be amended from time to time (the "Density Bonus Act").

Footnotes:

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Editor's note— Ord. No. 2018, § 4(Exh. A), adopted Feb. 14, 2024, amended Ch. 19.49 in its entirety to read as herein set out. Former Ch. 19.49, §§ 19.49.010—19.49.060, pertained to similar subject matter, and derived from Ord. No. 1068, § 2, 9-28-2011; Ord. No. 1141, § 3(Exh. A), 4-26-2017; Ord. No. 1170, § 3(Exh. A), 3-25-2020.

For purposes of this chapter, the following definitions apply:

"Affordable housing cost" has the definition set forth in California Health & Safety Code Section 50052.5.

"Common interest development" has the definition set forth in California Civil Code Section 1351.

"Director" means the director of community development or the director's designee.

"Lower income households" has the definition set forth in California Health & Safety Code Section 50079.5.

"Major transit stop" has the definition set forth in California Public Resources Code Section 21155.

"Moderate income households" has the definition for "persons or families of moderate income" set forth in California Health & Safety Code section 50093(b).

"Very low-income households" has the definition set forth in California Health & Safety Code Section 50105.

Undefined terms and phrases used in this chapter have the same meaning as defined by the Density Bonus Act.

(Ord. No. 2018, § 4(Exh. A), 2-14-2024)

A. Application. Any person that desires a density bonus, concession, or waiver under the Density Bonus Act must make an application on a form approved by the director at the time of submitting an entitlement application for the housing development for which a density bonus, concession, or waiver is requested pursuant to the Density Bonus Act.

B. Continued affordability.

1. Qualified Households. An applicant must agree that the occupants of the low-, very low-, and moderate-income units that are directly related to the receipt of the density bonus in a housing development or common interest development must be low-, very low-, or moderate-income households, as applicable.

2. Term.

(a) An applicant must agree to set rents at affordable rent levels and to the continued affordability of all rental units that qualified the applicant for the award of the density bonus for a period of fifty-five years or a longer period of time if required by any applicable construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program.

(b) All for-sale units must initially be sold at an affordable housing cost and will remain subject to a resale affordable housing cost restriction for a period of fifty-five years or a longer period of time if required by any applicable construction or mortgage financing assistance program, mortgage insurance program, or other subsidy program. The applicable resale affordable housing cost restriction period will reset upon each sale of an affordable unit.

3. Equity Sharing. The city will require an equity-sharing agreement for all for-sale units, unless such an agreement would be in conflict with the requirements of another public funding source or law.

(Ord. No. 2018, § 4(Exh. A), 2-14-2024)

Nothing in this chapter will be construed to prohibit the planning commission or city council from granting a density bonus greater than what is described in this chapter or the Density Bonus Act for a development that meets the requirements of this chapter or the Density Bonus Act, or from granting a proportionately lower density bonus than what is required by this chapter or the Density Bonus Act for developments that do not meet the requirements of this chapter or the Density Bonus Act.

(Ord. No. 2018, § 4(Exh. A), 2-14-2024)

A. Eligibility. When an applicant for approval of a commercial development has entered into an agreement for partnered housing to contribute affordable housing through a joint project or two separate projects encompassing affordable housing, the city will grant the commercial developer a development bonus as described in Section 19.49.020(E).

B. Agreement for partnered housing. The commercial developer must enter into an agreement for partnered housing between a commercial developer and a housing developer that is approved by the city, and identifies how the commercial developer will contribute affordable housing within the city. The commercial developer must partner with a housing developer partner that provides no less than either thirty percent of the total units for low-income households or fifteen percent of the total units for very low-income households.

C. Contribution of affordable housing. The commercial developer may contribute affordable housing by directly building the affordable housing units, donating property to the affordable housing developer as a site for affordable housing, making a cash payment to the affordable housing developer for use towards the cost of constructing the affordable housing project.

D. Affordable housing site requirement. Housing must be constructed on the site of the commercial development or on a site that meets all of the following:

1. Within the boundaries of the city;

2. Within close proximity to public amenities, including schools and employment centers; and

3. Within one-half mile of a major transit stop.

E. Development bonus. The development bonus granted to the commercial developer means incentives, mutually agreed upon by the developer and the city, including any of the following:

1. Up to a twenty-percent increase in maximum allowable intensity in the General Plan.

2. Up to a twenty-percent increase in maximum allowable floor area ratio.

3. Up to a twenty-percent increase in maximum height requirements.

4. Up to a twenty-percent reduction in minimum parking requirements.

5. Use of a limited-use/limited-application elevator for upper floor accessibility.

6. An exception to a zoning ordinance or other land use regulation.

F. Withholding of certificate of occupancy. If construction of the affordable units do not commence within the timelines specified by the agreement for partnered housing, then the city may withhold certificates of occupancy for the commercial development until the construction of the affordable housing units are complete.

(Ord. No. 2018, § 4(Exh. A), 2-14-2024)