El Cerrito Municipal Code Ch. 19.23 Incentives Program

It is recognized that desirable characteristics incorporated into a development project may require modifications to the limitations, requirements and development standards established by this Zoning Ordinance, when such modifications result in an exceptional project, and/or closer adherence to the goals of the City's General and/or Specific Plans, policies and other applicable requirements and regulations, than could be achieved through strict adherence to the zoning standards otherwise applicable.

Therefore, the purposes of this Chapter and the Incentives Program are to:

A. Encourage and make practical, developments, and structures which enhance the quality of life in the City through excellent design and optimum use of land.

B. Provide flexibility in the application of zoning requirements in cases where development standards for the RM, CC or TOM districts create an impediment to achieving permitted densities under the Zoning Ordinance.

C. Balance the impacts of a project through desirable features of development, and/or community amenities that will benefit the City and the public.

D. Authorize the Planning Commission to modify the limitations, requirements and development standards of this Zoning Ordinance for development projects which incorporate certain desirable features and/or community amenities such as, but not limited to those outlined in this Chapter.

E. Implement the goals and objectives in the General Plan and in Council-adopted plans and policies.

(Ord. 2008-2 Div. II (part), 2008.)

In determining whether to authorize incentives provided in Section 19.23.030 below, the decision-making authority shall evaluate each Incentives application against the following Incentives Evaluation Criteria, and rate each on a point basis, in order to determine whether to approve an Incentives proposal. A project does not need to include all of the desirable criteria listed below; however the application must achieve a score of at least 50 points, out of the 174 total points available to be eligible for consideration for an Incentives approval. Each feature shall have a maximum number of points that can be awarded by the decision-making authority. The decision-making authority may approve an Incentives use permit subject to the findings required by Section 19.23.040(B). The evaluation criteria for which a use permit for Incentives may be awarded are:

A. Projects that include high quality, innovative design and product type, maximum provisions for pedestrian and bicycle use, and reflect progressive planning principles such as Smart Growth, Transit Oriented Development, Neotraditional design, and/or the Ahwanee Principles. (Up to 15 points possible)

B. Projects that provide creative design solutions for improvements to unusual or irregular sites that are difficult to develop for optimum use. (Up to 7 points possible)

C. Substantial rehabilitation and/or reuse of blighted or under-utilized on site and/or off site structures or properties. (Up to 10 points possible)

D. Usable open space or landscaped areas that are at least 25 percent greater than the minimum requirements stated in this Zoning Ordinance and which offer specific visual, community amenity, or functional benefits. (Up to 7 points possible)

E. Creative solutions or design of off-street parking which minimizes the land devoted to, or visual impact of parking through car sharing, transit use incentives, undergrounding structures, landscaping, design, or sharing of facilities by more than a single use. (Up to 15 points possible)

F. Provision of affordable housing or other specialized facilities. (Up to 20 points possible)

1. Provision of affordable housing that is over and above what is required by State law, Redevelopment law, and/or this Zoning Ordinance, for a range of incomes and lifestyles, or individuals or groups with special needs including affordable housing for very low, low, and/or moderate income: large families; the disabled; seniors; credentialed school teachers; City of El Cerrito Police or Firefighters; and/or City of El Cerrito public employees. Under the Incentives Program, project density of up to 70 du/acre may be allowed provided the project includes housing for elderly and/or disabled persons, where there is a commitment to provide services such as congregate care, on-site counseling, rehabilitation or medical services for residents.

2. Provision of market rate housing for the exclusive use of the elderly or the disabled.

G. Provision of on-site and/or off-site community services, amenities and/or infrastructure (other than standard requirements and improvements) such as funding for public safety facilities and/or services, facilities for the arts, libraries, senior centers, community meeting rooms, child care or recreation, new or enhanced public spaces such as the Ohlone Greenway, sidewalks, streets, parking areas, pathways or parks; in addition to required facilities. (Up to 20 points possible)

H. Provision of green building and/or energy efficient design, layout, landscaping, construction and materials of an active or passive nature, which exceed those otherwise required by Title 24 but do not achieve LEED certification. (Up to 9 points possible)

I. Compliance with LEED certified development standards. (Up to 20 points possible)

J. Provision of environmental benefits such as preservation or restoration of such features as creeks, historical structures, or off-site remediation of sites affected by hazardous materials. (Up to 10 points possible)

K. Development of job generating land uses, or facilities to assist economic development, in conjunction with the development of dwelling units. (Up to 20 points possible)

L. Significant improvements to public school property or facilities, exceeding minimum school mitigation fee or development requirements. (Up to 10 points possible)

M. Provision of significant measures for the use of clean air and/or alternative fuel vehicles, and/or public transit. (Up to 20 points possible)

(Ord. 2008-2 Div. II (part), 2008.)

If the decision-making authority grants at least 50 points for the evaluation criteria specified in Section 19.23.020, the decision-making authority may grant an Incentives approval to modify the zoning requirements, limitations and development standards otherwise applicable to a development project, including modifications to:

A. Site requirements for area, height, setback, dimensions and coverage.

B. The allowable capacity, density or intensity of residential and nonresidential uses. An increase in density granted through this program shall not be combined with increased density granted through a separate section of this code.

C. Off-street parking requirements.

D. Landscaping and screening requirements.

E. Usable open space requirements.

F. Requirements for public improvements.

G. Land use limitations.

(Ord. 2008-2 Div. II (part), 2008.)

A. Application Requirement. Any person proposing development within the City shall have the option to apply for development under the Incentives Program of this Chapter by filing an application for a Conditional Use Permit as provided in Section 19.32, Common Procedures. In addition to information required therein and in Chapter 19.34, Use Permits, the applicant shall submit all of the following:

1. A statement of objectives for the development and how these objectives relate to the City's goals, objectives and policies;

2. A list of the evaluation criteria which are proposed to be to incorporated into the development and how those features satisfy each of the proposed criteria;

3. A list of the incentives which the applicant believes are necessary to accomplish the objectives for the development;

4. A statement of how the proposal meets the Required Findings in Section 19.23.040.B below;

5. If an Incentives project applicant proposes a Development Agreement (DA), the DA must accompany the Conditional Use Permit application materials filed for such Incentives proposal. If the proposed DA is not ultimately approved by the City Council and executed by the City and the applicant, the Conditional Use Permit Incentives application shall be deemed denied; and

6. Such other information as may be required by the Zoning Administrator.

B. Required Findings. A decision to approve a use permit under the Incentives Program shall be based on written findings that the approved incentives are in the public interest and are desirable to the public convenience and welfare and will substantially promote the purposes of the Incentives Program as described in Section 19.23.010. In making this determination, the following factors shall be considered:

1. What features of the proposed development are desirable and warrant the incentives authorized;

2. How such features will enhance the quality of life in the City;

3. How such features substantially exceed the minimum requirements of the Zoning Ordinance, General Plan, and/or other relevant State and local codes, requirements or policies;

4. How approval of the incentives will aid the optimum use of land as defined by the General and/or Specific Plans;

5. How approval of the incentives will help implement the goals and objectives specified in the General Plan, Specific Plans and/or other Council adopted goals, plans and policies.

(Ord. 2008-2 Div. II (part), 2008.)