Sec. 41.02. - Implementation.

Pursuant to Government Code Sections 65915 and 65917, the city shall grant to a developer of a qualifying housing development who seeks a density bonus ("developer") either i) a density bonus or ii) a density bonus with an additional incentive(s) as set forth in this article. A density bonus housing agreement shall be made a condition of any density bonus approved pursuant to this section, and may be prepared as part of the development agreement ("DA") process. The agreement shall be recorded as a covenant on the parcel or parcels on which the designated affordable dwelling units will be constructed, which covenant shall run with the land.

(Ord. No. 505, § 29, 10-21-2014)

Sec. 41.03. - Eligibility for density bonus, incentives or concessions.

A.

Affordability Requirements. A developer entering into an agreement pursuant to Government Code Section 65915 to construct a housing development may qualify for a density bonus if the proposed housing development of five or more residential units:

1.

A minimum of five percent of the total units made available to very low income households, as defined by most recent version of the applicable sections of the California Health and Safety Code; or

2.

A minimum of ten percent of the total units made available to lower income households, as defined by most recent version of the applicable sections of the California Health and Safety Code; or

3.

A minimum of ten percent of the total units in a common interest development, made available to moderate income households, as defined by most recent version of the applicable sections of the California Health and Safety Code, provided that all units in the development are offered to the public for purchase; or

4.

A senior housing development or senior-restricted mobile home parks, as defined by the most recent version of the applicable sections of the California Civil Code.

Government Code Section 65915.5 shall govern the availability of bonus incentives for projects which convert apartments to condominium projects which include at least thirty-three (33%) 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 & Safety Code, or fifteen (15%) percent of the total units to lower income households as defined in Section 50079.5 of the Health and Safety Code.

B.

Allowed Density Bonus. For purposes of calculating the density bonus, below, the developer shall select which qualifying subsection of subsection (A) under which he/she wishes the bonus to be awarded. Qualifying developments are eligible for a density bonus and one or more additional incentives or concessions as follows:

1.

Lower income households. A housing development eligible for a bonus in compliance with criteria of subsection (A)(1) (ten (10%) percent of lower income households) shall be entitled to a density bonus calculated pursuant to Government Code Section 65915(f)(1).

2.

Very low income households. A housing development eligible for a bonus in compliance with criteria of subsection (A)(2) (five (5%) percent of very low income households) shall be entitled to a density bonus calculated pursuant to Government Code Section 65915(f)(2).

3.

Senior citizen development. A housing development eligible for a bonus in compliance with criteria of subsection (A)(3) (senior citizen development or mobile home park) shall be entitled to a density bonus

calculated pursuant to Government Code Section 65915(f)(3).

4.

Common interest development. A housing development eligible in compliance with criteria of subsection (A)(4) (ten (10%) percent for moderate income households) shall be entitled to a density bonus calculated pursuant to Government Code Section 65915(f)(4).

5.

Density Bonus for Land Donation. When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to the city, the applicant shall be entitled to a fifteen (15%) percent increase above the otherwise maximum allowable residential development under the applicable zoning ordinance and general plan, as permitted by Government Code 65915(h)(1). This increase shall be in addition to any other density bonus. The applicant shall meet the standards in Government Code Section 65915(g) in order to qualify for the additional development.

6.

Density bonus for housing with child care facilities. The city shall grant a housing development that includes a child care facility in compliance with Government Code Section 65915 additional density bonus or incentives as provided for in Government Code Section 65915(g).

C.

Development Standards.

1.

Designated affordable units shall be reasonably dispersed throughout the project where feasible, shall contain on average the same number of bedrooms as the non-designated units in the project, and shall be compatible with the design or use of remaining units in terms of appearance, materials, and finished quality.

2.

If a project is to be phased, the density bonus units shall be phased in the same proportion as the nondensity bonus units, or phased in another sequence acceptable to the city.

3.

Circumstances may arise in which the public interest would be served by allowing some or all of the designated affordable units to be produced or operated at an alternative site.

D.

Inclusionary Housing. At the time of adoption of this density bonus ordinance, the city does not have an inclusionary housing policy in place. However, if an inclusionary housing policy is adopted, designated affordable units shall not count towards the requirements of the city's inclusionary housing requirements.

(Ord. No. 505, § 29, 10-21-2014)