McFarland Municipal Code Ch. 17.154 Density Bonus and Incentives

Footnotes:

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Editor's note— Ord. No. 330-2008, § 1, adopted May 8, 2008, set out provisions intended for use as Chapter 17.150. For purposes of classification, and at the editor's discretion, these provisions have been included as Chapter 17.154.

The purpose of this chapter is to establish regulations that implement the State's Density Bonus Law, California Government Code Sections 65915—65918.

(Ord. No. 330-2008, § 1, 5-8-08)

An application for a density bonus shall be made to city on a form prescribed by city. The application shall be accompanied by a fee set by resolution of the city council.

(Ord. No. 330-2008, § 1, 5-8-08)

Upon receipt of a density bonus application and city's determination that it is complete, city shall prepare a report in which it determines whether the development will qualify for a density bonus and, if so, the basis for its qualification, and the amount of density bonus and incentives required under the density bonus law or as otherwise recommended by the city. The city shall thereafter refer the matter to the planning commission and set a hearing in the manner described in Section 17.148.010(B).

(Ord. No. 330-2008, § 1, 5-8-08)

The planning commission may recommend that the city council approve, approve with conditions, or deny the density bonus. The commission may recommend denial of a density bonus if it finds that the housing development will have an adverse impact as defined in Government Code Section 65589.5(d)(2) upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impacts without rendering the development unaffordable to low and moderate income households; or that it is not required in order to provide for affordable housing costs as defined in California Health and Safety Code Section 50052.5 or for rents for the targeted units to be set as specified in Government Code Section 65915(c). If the planning commission recommends that the city council approves or conditionally approves the density bonus the commission may recommend incentives which may be selected from the following: a reduction in site development standards or modification of zoning code requirements or architectural design requirements; or approval of mixed use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area.

(Ord. No. 330-2008, § 1, 5-8-08)

The city council shall consider the planning commission's recommendation. The council may approve, approve with modifications, or deny the application. If the council denies the application, it shall do so only after making the findings described in Section 17.154.040. If the council approves or conditionally approves the density bonus it shall also consider the recommendation of the planning commission regarding incentives and approve, conditionally approve, or deny them. After action by the council which includes approval or conditional approval of the density bonus, the council shall direct staff to negotiate an agreement with the developer regarding same.

(Ord. No. 330-2008, § 1, 5-8-08)

Upon approval by the city council of a density bonus and any incentives also included, the city and developer shall enter into an agreement wherein the developer shall be required to insure compliance with the requirements of the density bonus law, including the applicable provisions of Section 65915(c).

(Ord. No. 330-2008, § 1, 5-8-08)

The density bonus calculations and any incentives shall be determined with reference to Section 65915 as it applies to the development described in the application.

(Ord. No. 330-2008, § 1, 5-8-08)