Colfax Municipal Code Ch. 17.104 Density Bonuses and Other Incentives

Footnotes:

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Editor's note— Ord. No. 555, § 1(Exh. A), adopted Oct. 11, 2023, repealed Ch. 17.104 in its entirety and enacted a new Ch. 17.104 to read as set out herein. Former Ch. 17.104 pertained to similar subject matter and derived from Ord. No. 522, § 3(Att. A), 10-23-2013.

This chapter is adopted pursuant to the provisions of California Government Code Sections 65915—65918. The purpose of adopting this chapter is to encourage affordable housing by providing the incentive of increased density and such other incentives provided by this chapter. The provisions of this chapter are intended to comply with California Government Code Sections 65915—65918. If any provision of this chapter conflicts with California Government Code Sections 65915—65918, or any after-enacted amendment of these sections, state law shall control over the conflicting provision.

(Ord. No. 555, § 1(Exh. A), 10-11-2023)

Terms used in this section shall be defined as in Government Code Section 65915 et seq.

(Ord. No. 555, § 1(Exh. A), 10-11-2023)

Each application for a density bonus, incentive(s), or concession(s) request shall be accompanied by the following:

A. A site plan that identifies all units in the project including the location of the affordable units and the bonus units;

B. A narrative briefly describing the housing development and shall include information on:

1. The number of units permitted under the general plan;

2. The total number of units proposed in the project;

3. The number of affordable and/or senior units;

4. The number of bonus units requested based on the tables provided in Section 17.104.050 of this chapter;

5. A breakdown of units proposed for very low, lower, and moderate income, senior citizen, and/or market rate units; and

6. Any requested incentive(s) or concession(s), including an explanation as to why the incentive(s) or concession(s) is required for the housing development.

C. Information indicating that appropriate and sufficient infrastructure capacity (water, sewer, roadway) and water supply is available to serve the bonus units;

D. Reasonable documentation to establish eligibility for the requested density bonus, incentive(s) or concession(s), waiver(s) or reduction(s) of development standards. The application shall identify upon which basis of Government Code Section 65915 the applicant elects to calculate its density bonus. If incentive(s) or concession(s) are requested, the application shall include an explanation of how the incentive(s) or concession(s) result in identifiable and actual cost reductions as described in Government Code Section 65915. If waiver(s) are requested, the application shall describe with a narrative and/or drawings how application of the development standard(s) the applicant seeks to waive would have the effect of physically precluding the construction of the proposed development at the densities and with the concession(s) or incentive(s) permitted. If a density bonus parking ratio is requested, the application shall identify which parking ratio in Government Code section 65915 applies and describe the characteristics of the proposed development or site that qualify the proposed development for that parking ratio.

E. If an applicant proposes to donate land to the city pursuant to Government Code Section 65915, the application shall provide evidence that each of the associated eligibility conditions has been met.

F. If an applicant proposes to develop a childcare facility pursuant to Government Code Section 65915, the application shall show the location and square footage of the childcare facility and provide evidence that each of the associated eligibility conditions has been met.

G. Any such additional information in support of a request for a density bonus, incentive(s), or concession(s) as may be requested by the Planning Director.

(Ord. No. 522, § 3(Att. A), 10-23-2013)

Project applicants shall be granted a density bonus and incentive(s) or concession(s) to the extent and subject to the terms required by California Government Code Section 65915 et seq. Any request for approval of a density bonus, incentive(s) or concession(s) pursuant to this section shall be made along with other related land use applications filed for the project as specified in Title 17 - Zoning of the City of Colfax Municipal Code.

(Ord. No. 555, § 1(Exh. A), 10-11-2023)

An application for a density bonus, incentive(s) or concession(s) will be processed concurrently with all other applications required for the development. When the application is complete, notice shall be given as required by Section 17.40.020 - Type A and a hearing shall be held by the planning commission. The planning commission shall make recommendations to the city council regarding the proposed density bonus and incentive(s) or concession(s). The city council's decision shall be final.

(Ord. No. 555, § 1(Exh. A), 10-11-2023)

Prior to the issuance of a building permit for any dwelling unit in a development for which a density bonus, incentive(s) or concession(s) have been granted, the applicant shall enter into a written agreement with the city for the mandated duration of affordability. The terms and conditions of the agreement shall run with the land which is to be developed, shall be binding upon the successor in interest of the applicant, and shall be recorded in the Office of the Placer County Recorder. The agreement shall be approved by the city council and shall address all issues required by state law.

(Ord. No. 555, § 1(Exh. A), 10-11-2023)