Division 3 — TEMPORARY USE PERMITS

SEC. 36.46. - Temporary use permits. SEC. 36.46.05. - Purpose.

A temporary use permit allows short-term activities that might not meet the normal development or use standards of the applicable zoning district but may be acceptable because of their temporary nature. This section provides a simple process for reviewing a proposed use to ensure basic health, safety and general community welfare standards are met, and approving suitable temporary uses with the minimum necessary conditions or limitations consistent with the temporary nature of the use.

(Ord. No. 18.13, § 1, 12/10/13.)

SEC. 36.46.10. - Applicability.

No use that qualifies as a temporary use shall be conducted without a temporary use permit. Uses that do not fall within the categories defined below shall comply with the use and development restrictions and permit review provisions that otherwise apply to the property. The following temporary uses may be allowed:

a.

Construction yards. Contractors' construction yards that are not located on the construction site but are established in conjunction with an approved and ongoing construction project.

b.

Seasonal sales lots. Christmas tree sales lots or the sale of other seasonal products, including pumpkins and temporary residence/security trailers. A permit shall not be required when the sales are in conjunction with an established commercial business holding a valid business license, provided the activity does not consume more than fifteen (15) percent of the total parking spaces on the site and does not impair

emergency vehicle access. Seasonal product sales shall be subject to Chapter 18, City Licenses, of the City Code.

c.

Special events. A temporary event for the consumption, sell, purchase or production of goods, wares or foods on public or private property, which may include temporary structures or tents. All operators of such events must meet building and fire codes and maintain a valid city business license and county health permit, if food-related services are included. Does not include special events approved by the city council, city-sponsored events or mobile vending in accordance with Chapter 15 of the City Code.

d.

Temporary shelters. Temporary shelters for the homeless, food kitchens or other temporary or emergency personal relief services for up to thirty-five (35) days, provided that:

1.

Housing facilities are limited to a maximum capacity of twenty-nine (29) people; and

2.

The facility is provided within an existing structure approved under the Uniform Building and Fire Codes for that use and occupancy.

e.

Temporary work trailers. Trailer, coach or mobile home as a temporary work site for employees of a business up to a maximum of three hundred sixty (360) days:

1.

During construction or remodeling of a permanent commercial or industrial structure when a valid building permit is in force; or

2.

Upon demonstration by the applicant that this temporary work site is a short-term necessity while a permanent work site is being obtained.

f.

Mobile vending (special events only). All mobile vending shall comply with Chapter 15 of the City Code. A temporary use permit is only required for a special event with mobile vending, where:

1.

A single event with mobile vending exceeds four (4) hours in duration during a twenty-four (24) hour period on an individual property or contiguous properties; or

Four (4) or more mobile vendors operate on a single property or contiguous properties at any given time.

g.

Similar temporary uses. Similar temporary uses including, but not limited to, temporary or seasonal recreational uses and day camps which, in the opinion of the zoning administrator, are compatible with the zoning district and surrounding land uses.

(Ord. No. 18.13, § 1, 12/10/13.)

SEC. 36.46.15. - Special application requirements.

A temporary use permit application shall be filed in compliance with this division, with the following differences:

a.

Illustrations. Sketches or drawings of sufficient size and clarity to show, without further explanation, the following: size and location of the property, location of the adjacent street, location and size of all structures on the site, location of structures on adjacent lots, location and number of parking spaces, and location of any temporary fences, signs, lights or structures to be installed as part of the temporary use;

b.

Statement of operations. A written statement describing the products or services to be provided, hours of operation, days that the temporary use will be on the site, number of people staffing the use during operation, anticipated number of people using the facility during its operation, and other information about the operation of the use including use of any loudspeakers that pertains to the impact of the use on the community or on adjacent uses; and

c.

Letters from adjacent property owners. For off-site construction yards, seasonal sales lots, temporary recreation uses and temporary shelters that are proposed to last more than thirty-five (35) consecutive days per calendar year, a letter(s), signed by the property owner(s) of each property adjacent to the proposed temporary use, shall be submitted to the zoning administrator. The letter(s) shall describe the proposed use and dates and times of operation, and state the adjacent property owner's agreement to the operation of the temporary use as described. When the applicant is unable to obtain these letters from all adjacent property owners, or for any other temporary use proposed to last for more than thirty-five (35) days, the applicant must file an application for a standard conditional use permit. This requirement does not apply to temporary work trailers described in Section 36.46.10.e.

(Ord. No. 18.13, § 1, 12/10/13.)

SEC. 36.46.20. - Findings.

A temporary use permit application may be approved only if all the following findings are made:

a.

The establishment, maintenance or operation of the use will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working near the proposed use.

b.

The use, as described and conditionally approved, will not be significantly detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the community.

c.

The standards for structure setbacks, heights, floor areas, parking and landscape areas and other structure and property development standards that apply to the category of use or the zoning district of the subject property are generally met. However, the temporary use permit may authorize variation from the specific requirements as may be determined to be appropriate by the zoning administrator. In making these determinations, the zoning administrator shall take into consideration the short time period of the proposed use.

(Ord. No. 18.13, § 1, 12/10/13.)

Upon conclusion or removal of the temporary use, the site shall be cleaned of debris, litter or any other evidence of the temporary use and shall thereafter be used in compliance with the provisions of this chapter. A bond may be required prior to initiation of the use to ensure cleanup after the use has been terminated.

(Ord. No. 18.13, § 1, 12/10/13.)

Decisions of the zoning administrator on temporary use permits may be appealed to the community development director. The community development director shall provide notice by mail to the applicant, to the owner of the subject property and to the owners of all abutting properties at least ten (10) calendar days prior to the hearing. Decisions of the community development director on any appeal may be appealed to the city council pursuant to this division.

(Ord. No. 18.13, § 1, 12/10/13.)

DIVISION 4. - VARIANCES

SEC. 36.46.35. - Variances. SEC. 36.46.40. - Purpose.

Variances allow exceptions from the development standards of this chapter only when there are extraordinary circumstances applicable to the subject property (such as size, shape, topography, location or surroundings) and when the strict application of this chapter denies the subject property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts. Any variance granted may be subject to conditions that will ensure that the variance does not constitute a granting of

special privilege(s) inconsistent with the limitations upon other properties in the vicinity and the zoning district in which the property is situated. The power to grant variances does not extend to uses of land or buildings, nonresidential floor area ratios which are specific to the zone district or residential density regulations.

(Ord. No. 18.13, § 1, 12/10/13.)

SEC. 36.46.45. - Applicability.

The zoning administrator may only grant a variance from the following requirements of this chapter:

a.

Dimensional standards, including, but not limited to: distance between structures, parcel area, building coverage, landscape and paving requirements, parcel dimensions, setbacks and structure heights; and

b.

Sign regulations.

(Ord. No. 18.13, § 1, 12/10/13.)

SEC. 36.46.50. - Special application requirements.

A variance application shall be filed in compliance with this division, with the following differences: (1)

written or graphical documentation of the extraordinary circumstances that apply to the property; and (2) written or graphical documentation of what variations from zoning standards are proposed in response to these circumstances.

(Ord. No. 18.13, § 1, 12/10/13.)

SEC. 36.46.55. - Hearings and action.

Upon receipt of a complete variance application in proper form, the zoning administrator shall hold a duly noticed public hearing in accordance with Section 36.56 (Applications, Hearings and Appeals).

To ensure effective implementation of general plan policies relating to design, each application for a variance involving any exterior modification shall be reviewed for the design quality of the proposed development in accordance with Section 36.44.70 (Findings) and Division 2 of this Article. The zoning administrator may approve or disapprove the variance, subject to appeal to the city council.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 01.2024, § 32, 1/23/24.)

SEC. 36.46.60. - Findings.

Each variance application shall be analyzed to ensure that the application is consistent with the purpose and intent of this Chapter. Following a public hearing, the zoning administrator shall issue written findings upon which the decision is based, in compliance with state law (Government Code Section 65906). These findings shall be emailed or mailed to the applicant and property owner. The zoning administrator may approve an application, with or without conditions, only if all of the following findings are made:

a.

That there are special circumstances applicable to the property, including, but not limited to, size, shape, topography, location or surroundings, so that the strict application of this Chapter denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts. Variances are not available for personal, family, medical and financial hardships, and neighboring violations of this Article are not hardships justifying a variance;

b.

That granting the variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the owner of the property for which the variance is sought;

c.

That granting the variance will not be detrimental to the public health, safety or welfare, or injurious to the property or improvements in the vicinity and zoning district in which the property is located;

d.

That granting the variance will not create a special right or privilege not enjoyed by other property owners in the vicinity and zoning district;

e.

That granting the variance is consistent with the general plan; and

f.

The approval of the variance complies with the California Environmental Quality Act (CEQA).

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 01.2024, § 32, 1/23/24.)

SEC. 36.46.65. - Transfer of variance.

A variance granted in compliance with the provisions of this section shall continue to be valid upon a change of ownership of the site, business, service, use(s) or structure that was the subject of the permit application provided the new owner/operator agrees in writing to all applicable conditions and operating standards prior to reopening or maintaining the use or structure(s) under the new ownership.

(Ord. No. 18.13, § 1, 12/10/13.)

DIVISION 5. - PLANNED UNIT DEVELOPMENT PERMITS

SEC. 36.46.70. - Planned unit development permits. SEC. 36.46.75. - Purpose.

Planned unit development (PUD) permits afford maximum flexibility and diversity in site planning and structure heights while protecting the integrity and character of the residential, commercial and industrial

areas of the city. The design, configuration and impact of the proposed PUD project shall be compared to the general plan, the purpose and standards of the applicable zone district and any other applicable standards and design guidelines. The PUD permit provides for comprehensive analysis of project-related impacts while allowing for nontraditional or unique site plan design, provided that the zoning administrator finds substantial compliance with the purpose and intent of this chapter.

(Ord. No. 18.13, § 1, 12/10/13.)

SEC. 36.46.80. - Applicability.

The planned unit development permit applies to all zoning districts except the planned community (P) zoning district. Planned unit development permits may be requested under the following circumstances:

a.

In any "M" zoning district where the minimum project area is ten (10) acres;

b.

In any "C" zoning district where the minimum project area is two (2) acres;

c.

In any R1, R2, R3 or R4 zoning district. The following types of development may be approved through a PUD process:

1.

Flag lots in the R1 zone;

2.

Other types of development in the R1 zone which include two (2) or more lots that do not have the required frontage on a public street;

3.

Residential developments (including, but not limited to, small-lot, single-family development, townhouses and rowhouses) in the R2, R3 and R4 zones;

4.

Development projects in any R zone that meet the definition of a PUD and include deviations from setback standards of the zone district; or

5.

Senior care facility in the R1, R2, R3 and R4 zones that warrant flexibility from zoning regulations. Facilities that comply with zoning do not require a PUD.

(Ord. No. 18.13, § 1, 12/10/13.)

SEC. 36.46.85. - Special application requirements.

In addition to the application requirement of this article, applications for a PUD permit shall include drawings or other illustrations and/or written descriptions that clearly indicate any departures from the development standards of the underlying zone district, explanations regarding why those departures enhance the project and explanations of how the proposed project contributes to the harmonious development of the community. Application materials shall also include a description of how the project achieves the purpose of the underlying zone district, even with the proposed departures from the development standards of the underlying zone.

(Ord. No. 18.13, § 1, 12/10/13.)

SEC. 36.46.90. - Hearings and action.

Upon receipt of a complete PUD permit application in proper form, the zoning administrator shall hold a duly noticed public hearing in accordance with Division 16 (Applications, Hearings and Appeals) of Article XVI of this Chapter. To ensure effective implementation of general plan policies relating to design guidelines, each application for a PUD permit shall be reviewed in accordance with the zoning administrator authority and development review process in Division 2 of Article XVI of this Chapter prior to the zoning administrator

rdance with Division 16 (Applications, Hearings and Appeals) of Article XVI of this Chapter. To ensure effective implementation of general plan policies relating to design guidelines, each application for a PUD permit shall be reviewed in accordance with the zoning administrator authority and development review process in Division 2 of Article XVI of this Chapter prior to the zoning administrator

reaching a final decision or recommendation. All applications shall be accompanied by an application for a subdivision as defined in Chapter 28 of the city code. The review of the PUD permit application shall involve concurrent review of the application for subdivision and disapproval or continuation of one shall constitute disapproval or continuation of the other.

For PUD permits involving fewer than five (5) lots, the zoning administrator has the authority to approve or disapprove the permit, subject to appeal to the city council. For PUD permits involving five (5) or more lots, the zoning administrator shall forward a recommendation to the city council to be scheduled for city council review concurrently with consideration of the proposed subdivision. The city council shall have final authority to approve or disapprove the PUD permit.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 01.2024, § 33, 1/23/24.)

SEC. 36.46.95. - Findings.

Each PUD permit application shall be analyzed to ensure that the application is consistent with the purpose and intent of this Chapter. Following the hearing, the zoning administrator or city council shall issue written findings upon which the decision is based. These findings shall be emailed or mailed to the applicant and property owner. The zoning administrator or city council may impose specific development conditions relating to both on- and off-site improvements that are necessary to mitigate project-related adverse impacts and to carry out the purpose and requirements of the respective zoning district. The zoning administrator or city council may approve a PUD permit, if all of the following findings are made:

a.

The proposed land use(s) are allowed within the subject zoning district;

b.

The site is physically suitable for the type and intensity of the land use being proposed;

c.

The proposed project would be harmonious and compatible with existing and future developments within the zoning district and surrounding area;

d.

In the case of a proposed residential project, the development will constitute a residential environment of sustained desirability and stability and will result in an intensity of land utilization no higher than, and standards of open space no less than, permitted for a similar development within the zone district;

e.

The approval of the PUD permit for proposed project complies with the California Environmental Quality Act (CEQA);

f.

The proposed project is consistent with the general plan;

g.

The location, size, design and operating characteristics of the proposed project are not detrimental to the public interest, health, safety, convenience or welfare of the community; and

h.

The proposed project is in substantial compliance with the intent of requirements of the applicable zone district and implementation of the proposed harmonious and integrated PUD design is superior to standard development in the underlying zone and, therefore, justifies the exceptions to the requirements of this Chapter.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 01.2024, § 33, 1/23/24.)

DIVISION 6. - CONDITIONAL USE PERMITS

SEC. 36.48. - Conditional use permits. SEC. 36.48.05. - Purpose.

Conditional use permits allow for activities and uses which are not routinely permitted within the subject zone district and need to be reviewed on a case-by-case basis to determine whether the activity or use is appropriate for a particular location, including its compatibility with existing uses. Any conditional use permit granted may be subject to conditions that will ensure that the use as proposed and conducted will be compatible with the intent of the applicable zone district and other uses in the area.

(Ord. No. 18.13, § 1, 12/10/13.)

SEC. 36.48.10. - Applicability.

a.

The zoning administrator may grant a conditional use permit only for those uses specifically listed as a conditional use in the applicable zone district.

b.

Consideration of applications for a reduction of off-street parking requirements shall also follow the conditional use permit procedure (see Section 36.32.65).

c.

Uses that are listed as "provisional" in precise plans shall be evaluated by the zoning administrator, using the criteria contained in the purpose and findings requirements of this section. Provisional uses within precise plans shall be reviewed using the application and hearings and notice procedure defined within the planned community permit section (Section 36.50.30) and applicable precise plan.

(Ord. No. 18.13, § 1, 12/10/13.)

SEC. 36.48.15. - Special application requirements.

In addition to the application requirement of this article, applications for a conditional use permit shall include a detailed description of the proposed use, including information such as, but not limited to, hours of operation, estimated patronage, parking demand or other measures of the expected intensity of the use, special development design features that would buffer nearby properties from the potential impacts of the proposed use and other information about the nature of the specific use or design of the development housing the proposed use that would demonstrate the use as specifically proposed will comply with the intent of the applicable zone district and with this section.

(Ord. No. 18.13, § 1, 12/10/13.)

SEC. 36.48.20. - Hearings and action.

Upon receipt in proper form of a complete conditional use permit application, the zoning administrator shall hold a duly noticed public hearing in accordance with Division 16 (Applications, Hearings and Appeals) of Article XVI of this Chapter.

To ensure effective implementation of general plan policies relating to design, each application for new structures or site plan modifications accompanying a conditional use permit shall be reviewed regarding the design quality of the proposed development in accordance with Division 2 (Development Review Process) of Article XVI of this Chapter.

Applications involving land use changes with no construction or site modifications shall not require development review. The zoning administrator may approve or disapprove the conditional use permit, subject to appeal to the city council.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 01.2024, § 34, 1/23/24.)

SEC. 36.48.25. - Findings.

Each conditional use permit application shall be analyzed to ensure that the use and development is consistent with the purpose and intent of this Chapter. Following a public hearing, the zoning administrator shall issue written findings upon which the decision is based. These findings shall be emailed or mailed to the applicant and property owner. The zoning administrator may approve a conditional use permit application, if all of the following findings are made:

a.

The proposed use is conditionally permitted within the subject zoning district and complies with all of the applicable provisions of this Chapter;

b.

The proposed use is consistent with the general plan;

c.

The approval of the conditional use permit for the proposed use complies with the California Environmental Quality Act (CEQA);

d.

The location, size, design and operating characteristics of the proposed use are compatible with the site and building character and environmental conditions of existing and future land uses in the vicinity; and

e.

Any special structure or building modifications necessary to contain the proposed use would not impair the architectural integrity and character of the zoning district in which it is to be located.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 01.2024, § 34, 1/23/24.)

SEC. 36.48.30. - Transfer of conditional use permit.

A conditional use permit granted in compliance with the provisions of this section shall continue to be valid upon a change of ownership of the site, business, service, use(s) or structure that was the subject of the permit application provided the new owner/operator agrees in writing to all applicable conditions and operating standards prior to reopening or maintaining the use under the new ownership. The zoning administrator may approve minor changes to required conditions and operating standards of an approved conditional use permit.

(Ord. No. 18.13, § 1, 12/10/13.)

SEC. 36.48.32. - Nondiscretionary conditional use permit.

a.

The zoning administrator may approve a nondiscretionary conditional use permit for safe parking uses. A nondiscretionary conditional use permit shall evaluate the uses based on the standards listed in Sec.

36.28.20 and Sec. 36.30.100 and shall be issued if the zoning administrator determines that the proposed use complies with the standards subject to the findings listed in Sec. 36.48.25.

b.

Public noticing for nondiscretionary conditional use permits shall require a mailed public notice to all property owners and tenants within seven hundred fifty (750) feet of the site a minimum of fourteen (14) days prior to the date of zoning administrator's decision on the permit. No public hearing shall be held unless requested in writing by the applicant or other affected person prior to a decision on the permit.

(Ord. No. 16.19, § 6, 10/22/19; Ord. No. 7.20, § 6, 6/23/20.)

DIVISION 7. - MOBILE HOME PARK PERMIT

Mobile home park permits (MHPP) provide development and use review for projects within the mobile home park district and other residential zones where mobile home parks are an allowed use, as identified in the applicable land use table in this Chapter, to ensure new uses, structures or mobile home sites will be compatible with the rest of any existing mobile home park, the provisions of this Chapter and with the surrounding uses and structures.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 01.2024, § 35, 1/23/24.)

SEC. 36.48.45. - Applicability.

Mobile home park permits are required for development of any new or modified use, addition of new mobile home units not provided for in existing mobile home park permits, modification of the existing approved site plan or the expansion of the boundaries of a mobile home park within the mobile home park district and other residential zones where mobile home parks are an allowed use as identified in the applicable land use table in this Chapter.

Construction of one (1) single-family dwelling unit or one (1) duplex dwelling, establishment or modification of crop and tree farming or modification to common area buildings or recreation facilities shall only require development review in accordance with Section 36.44.45.

Approval by the chief building official shall be required for additions or alterations to any individual mobile home lot provided such modifications do not affect the mixture of single- and double-wide mobile home units within the mobile home park in such a way as to affect the allowed density of units within the park.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 01.2024, § 35, 1/23/24.)

SEC. 36.48.50. - Special application requirements.

In addition to the application requirements of this Article, the following information shall be included:

a.

A scaled and dimensioned park development plan indicating: proposed size and location of all common recreation areas, buildings and all mobile home lots/spaces; the proposed location of all public and private roadways, driveways, walkways and other elements of internal and external circulation; proposed use and materials for all other areas to be landscaped, paved or otherwise treated; lighting plans; and location of all fire hydrants or wharves. The park development plan must also show all existing structures and uses within thirty (30) feet of the exterior boundaries of the mobile home park.

b.

Dimensioned elevations of all common buildings identified in the park development plan and of all permanent fences, walls and signs, including indication of colors and materials.

c.

Description of use restrictions or other controls as needed to comply with the density and mobile home unit size restrictions of the RMH District or other underlying zoning district.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 01.2024, § 35, 1/23/24.)

SEC. 36.48.55. - Hearings and action.

Upon receipt in proper form of a complete mobile home park permit application, the zoning administrator shall hold a duly noticed public hearing in accordance with Section 36.56 (Applications, Hearings and Appeals).

To ensure effective implementation of general plan policies relating to design, each application for new or modified permanent structures or site features shall be reviewed regarding the design quality of the proposed development in accordance with Division 2 (Development Review Process) of Article XVI of this Chapter.

The zoning administrator may approve or disapprove the mobile home park permit, subject to appeal to the city council.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 01.2024, § 35, 1/23/24.)

SEC. 36.48.60. - Findings.

Following a public hearing, the zoning administrator shall issue written findings upon which the decision is based. These findings shall be emailed or mailed to the applicant and property owner. The zoning administrator may approve a mobile home park permit if all of the following findings are made:

a.

The proposed mobile home park development complies with all of the applicable provisions of this Chapter, the general plan and any applicable design guidelines;

b.

The location and design of structures, parking, landscaping, common area buildings and recreation spaces, and vehicular and pedestrian access are appropriately integrated and compatible with the site and building

character of the existing and potential future development surrounding the project, including public streets and sidewalks;

c.

The proposed development will not be detrimental to the public interest, health, safety, convenience or welfare;

d.

The establishment, maintenance and operation of the mobile home park will create a long-term, quality residential environment; and

e.

The approval of the mobile home park permit complies with the California Environmental Quality Act (CEQA).

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 01.2024, § 35, 1/23/24.)

DIVISION 8. - DENSITY BONUS

SEC. 36.48.65. - Density bonus.

(Ord. No. 2.21, § 3, 3/9/21.)

SEC. 36.48.66. - Purpose.

This section provides incentives for the development of housing that is affordable to the types of households and qualifying residents identified below. The incentives include the ability to construct more residential dwelling units than the maximum residential density permitted by the applicable zoning and general plan designations and other incentives provided by this section. State Density Bonus Law will be implemented, as required by Government Code Section 65915(a).

(Ord. No. 2.21, § 3, 3/9/21.)

SEC. 36.48.70. - Definitions.

The definitions found in the State Density Bonus Law shall apply to the terms contained in this division, with the clarifications and additions shown below.

a.

Affordable units. The proposed housing units available for rent or sale to households with income levels of extremely low, very low, low or moderate income, the percentage of which establishes allowable density bonus.

b.

Base units. The total number of units in a project, not including units added by a density bonus awarded pursuant to this division.

c.

Bonus FAR. Gross floor area allowed through a discretionary process prescribed through zoning or precise plans, also called "density or intensity tiers" in some precise plans.

d.

Development standard. A site or construction condition other than a maximum control on density, including, but not limited to, a height limitation, a setback requirement, a floor area ratio (except in zones where floor area ratio defines the maximum allowable residential density pursuant to paragraph h. of this section), an on-site open-space requirement or a parking ratio that applies to a residential development pursuant to any ordinance, general plan element, specific plan, charter or other local condition, law, policy, resolution or regulation.

e.

Housing development. A development project of five (5) or more residential units, including mixed-use developments. Also includes a subdivision or common-interest development, as defined in Civil Code Sec. 1351, approved by the city and that consists of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multi-family dwelling, as defined in Government Code Section 65863.4(d), where the result of the rehabilitation would be a net increase in available residential units.

f.

Incentives/concessions. A reduction in local regulatory or development standards that results in identifiable and actual cost reductions to provide for affordable housing costs or affordable rents as defined in State Density Bonus Law.

g.

Maximum allowable residential density. The maximum allowable residential density applicable to the project under the zoning ordinance and land use element of the general plan, or, if a range of density is permitted, the maximum allowable density of that range. Where the density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan, the general plan density shall prevail. For general plan land use and zoning designations with a defined dwelling units per acre standard, such standard shall define the maximum allowable residential density. For general plan land use and zoning designations without a defined dwelling units per acre standard, or for residential uses that are not "dwelling units" as defined in Sec. 36.60.11, the maximum floor area ratio shall define the maximum allowable residential density.

h.

Maximum floor area ratio. The density defined by reference to floor area ratio authorized through the city's general plan, zoning or precise plan designations.

i.

Project units. All of the units in the project, including base units, affordable units and units in addition to base density granted through density bonus.

j.

Specific adverse impact. A significant, quantifiable, direct and unavoidable impact, based on objective, and identified, written public health or safety standards, policies or conditions as they existed on the date that the application for the housing development was deemed complete or the date that a preliminary application that satisfies the requirements of Government Code Section 65941.1 was submitted.

k.

State Density Bonus Law. State of California Government Code Section 65915, et seq.

l.

Waivers. A waiver or reduction in development standards that would physically preclude the construction of a development at the density or with the incentives/concessions permitted by this division.

(Ord. No. 2.21, § 3, 3/9/21.)

SEC. 36.48.75. - General provisions for density bonus.

a.

Lesser density bonus. The applicant may elect to accept a lesser percentage of density bonus or none at all.

b.

Rounding. All density calculations resulting in fractional units shall be rounded up to the next whole number.

c.

No legislative act, discretionary approval or study. In and of itself, the granting of a density bonus or incentive/concession shall not require a general plan amendment, zoning change, study or other discretionary approval; however, as used in this section, "study" does not include reasonable documentation necessary to establish a housing development's eligibility for a density bonus, incentives/concessions, waivers or parking reductions required pursuant to Sec. 36.48.90.

d.

Contiguous project sites. For the purpose of calculating a density bonus, the dwelling units shall be on contiguous sites that are the subject of one (1) development application but do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in any geographic area of the housing development, including areas other than where the affordable units are located.

e.

Equal distribution and design of affordable units. Affordable units qualifying for a density bonus shall be dispersed throughout the housing development and compatible with the design of market-rate units in terms of appearance, materials and finished quality. For developments with multiple market-rate units containing different numbers of bedrooms, affordable units qualifying for a density bonus shall be representative of the market-rate mix. This paragraph does not apply to projects donating land to qualify for a density bonus.

f.

Limitations to waivers and incentives/concessions. Nothing in this division shall be interpreted to require the city to waive or reduce development standards that would have an adverse impact on any real property listed in the California Register of Historical Resources; to grant any waiver or reduction that would be contrary to state or federal law; or to waive or reduce development standards that would have a specific, adverse impact upon public health or safety or the physical environment, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to lower- and moderate-income households.

or reduction that would be contrary to state or federal law; or to waive or reduce development standards that would have a specific, adverse impact upon public health or safety or the physical environment, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to lower- and moderate-income households.

g.

Other density bonuses. The city, at its sole discretion, may grant a proportionately lower density bonus than what is required in the State Density Bonus Law for developments that do not provide a sufficient number of affordable units to be eligible for a density bonus pursuant to Sec. 36.48.80.

h.

Direct financial incentives. Nothing in this division requires the provision of direct financial incentives for the housing development, including, but not limited to, the provision of financial subsidies, publicly owned land, fee waivers or waiver of dedication requirements. The city, at its sole discretion, may choose to provide such direct financial incentives.

i.

Number of incentives/concessions. The number of incentives/concessions that may be requested shall be based upon the number the applicant is entitled to pursuant to Government Code Section 65915(d)(2).

j.

Calculation of base units. Base density will be calculated as follows:

1.

Where dwelling units per acre is the density standard, the base units equal the maximum allowable residential density or the project units, whichever is smaller.

2.

Where floor area ratio is the density standard, the base units are proportional to the number of project units and maximum allowable residential floor area, with the same ratio of project units to residential floor area, calculated as follows:

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If the project residential gross floor area is less than the maximum allowable residential gross floor area, the base units equal the project units.

3.

Where bonus FAR is less than or equal to the maximum allowable residential density in the general plan, the bonus FAR may be combined with a state density bonus. The base units are calculated as set forth in paragraph 2. of this subsection, provided that the maximum floor area ratio may include the bonus FAR if the project otherwise qualifies for bonus FAR.

4.

Where bonus FAR is greater than the maximum allowable residential density in the general plan, the bonus FAR cannot be combined with a state density bonus. The base units are calculated as set forth in paragraph 2. of this subsection, provided that the maximum floor area ratio shall not include any bonus FAR. See subsection 36.48.80 c.

k.

Administrative guidelines. The community development director shall have the authority to prepare, adopt and periodically update administrative guidelines consistent with this division and State Density Bonus Law.

l.

Replacement of existing units. For housing developments that are required under other laws or ordinances to replace existing residential units, those replacement units can qualify a project for a density bonus as long as minimum eligibility requirements are met as defined in Sec. 36.48.80.

(Ord. No. 2.21, § 3, 3/9/21.)

SEC. 36.48.80. - Density bonus.

a.

Eligibility. The city shall grant one (1) density bonus, the amount of which shall be as specified below, provide incentives/concessions, waive development standards and apply no more than the parking maximums as described in State Density Bonus Law when an applicant proposes to construct a housing development with five (5) or more base units, containing at least one (1) of the following:

1.

Very low-income units. Five (5) percent of the base units of a housing development for very low-income households, as defined in Health and Safety Code Section 50105.

2.

Lower-income units. Ten (10) percent of the base units of a housing development for lower-income households, as defined in Health and Safety Code Section 50079.5.

3.

Moderate-income. Ten (10) percent of the base units in a common-interest development as defined in Civil Code Sec. 1351 for persons and families of moderate income, as defined in Health and Safety Code Section 50093, provided that all units in the development are offered to the public for purchase.

4.

Senior housing units. A housing development for senior citizens that has at least thirty-five (35) dwelling units, as defined in Sec. 51.3 and Sec. 51.12 of the City Code, or mobile home park that limits residency based on age requirements for housing for older persons pursuant to Sec. 798.76 or Sec. 799.5 of the City Code.

5.

Other housing developments. Section 65915(b) of the State Density Bonus Law makes other housing developments eligible for specific density bonuses, including housing developments with units intended to serve transitional foster youth, disabled veterans or homeless persons; student housing developments with units for lower-income students; or housing developments with one hundred (100) percent of the project units for lower-income households, except the manager's unit or units and except that up to twenty (20) percent of the project units may be affordable for moderate-income households.

b.

State density bonus. The amount of density increase above the otherwise maximum allowable residential density to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the percentage established in paragraph a., pursuant to formulas and tables in Section 65915(f) of the State Density Bonus Law.

c.

Bonus FAR. Where bonus FAR allows densities that are greater than the maximum allowable residential density in the general plan, a project may qualify for either a density bonus under the State Density Bonus Law or under the bonus FAR program established in the applicable zoning or precise plan, and an applicant may elect to apply for either bonus program for which its project qualifies, but not both. The city's approval of additional density under the bonus FAR program as an alternative to the State Density Bonus Law shall not be interpreted to require the city to allow a state density bonus or incentives/concessions, waivers or parking reductions required by the State Density Bonus Law.

d.

NOFA projects. Pursuant to Section 65915(n) of the State Density Bonus Law, one hundred (100) percent affordable developments that receive authorization (and reservation of funding allocation) through the notice of funding availability (NOFA) process are eligible for density increases greater than those prescribed by State Density Bonus Law, if they meet the requirements thereof.

(Ord. No. 2.21, § 3, 3/9/21.)

Any applicant requesting a density bonus and any incentive/concession(s), waiver(s) or parking reductions is required to maintain affordability in compliance with the following:

a.

Rental units. An applicant shall agree to continued affordability of all units that qualified the applicant for the award of the density bonus for at least fifty-five (55) years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, rental subsidy program or compliance with the below-market-rate housing program. Rents for the affordable density bonus units shall be set at an affordable rent as defined in Health and Safety Code Section 50053.

b.

For-sale units. An applicant shall agree that the initial occupants of all for-sale units are persons and families of very low, low, or moderate income, and that the units are offered at an affordable housing cost, as defined in Health and Safety Code Section 50052.5. For-sale units shall be subject to recorded restrictions that ensure that the affordable units are resold at an affordable price to very low-, low-, or moderate-income households, as applicable, and such restrictions shall be maintained in perpetuity.

1.

Lower-income for-sale units. For very low- and low-income ownership units, developers shall set aside a reserve and the reserve shall be described in the CC&Rs to cover future special assessments and increases in HOA dues for those households, such that the total annual housing cost will not exceed thirty (30) percent of the household's annual income for the unit for the life of the unit. The community development director or designee may establish standards for calculating the amount of the reserve.

c.

Agreements. An agreement pursuant to this section shall be approved as to form by the city attorney and shall be recorded against the housing development project prior to final map or parcel map approval, or, where a map is not being processed, prior to issuance of any building permit for the housing development. The agreement shall include, but not be limited to, the following:

1.

The total number of units approved for the housing development; the number, location and level of affordability of target units and the number of density bonus units.

Standards for determining affordable rent or ownership cost for target units.

3.

The location, unit size in square feet and number of bedrooms of target units.

4.

Provisions as required by this section to ensure continued affordability.

5.

A schedule for completion and occupancy of target units in relation to construction of market-rate units.

6.

A description of any incentive/concession, waiver or reduction of development standard or modification of parking standard being provided by the city.

7.

A description of remedies for breach by either party and the identification of any third-party beneficiary or beneficiaries eligible to enforce a breach by the applicant.

8.

In the case of rental housing, procedures for filling vacancies, provisions requiring maintenance of records to demonstrate compliance with this division and the developer's agreement that restrictions on rents are consistent with the Costa-Hawkins Act (Civil Code Section 1954.51, et seq.).

9.

Procedures for verifying household incomes.

10.

Financing of ongoing administrative and monitoring costs.

11.

Other provisions as necessary or convenient to ensure implementation and compliance with this division.

(Ord. No. 2.21, § 3, 3/9/21.)

SEC. 36.48.90. - Application requirements.

Any applicant requesting a density bonus and any incentive/concession(s), waiver(s) or parking reductions shall submit reasonable documentation as described below.

a.

Project summary table. A summary table showing the maximum allowable density permitted by the zoning and general plan designations excluding any density bonus; base units; proposed affordable units by income level; proposed bonus percentage; project units; residential gross floor area and total gross floor area proposed on the site; resulting density in units per acre or floor area ratio, depending on the density definition for the land use designation and zoning applicable to the housing development site; proposed parking stalls; and unit bedroom counts and unit types for the purpose of calculating parking requirements.

b.

Site plan. A tentative map and/or preliminary site plan, drawn to scale, showing the number and location of all proposed units, designating the location of proposed affordable units.

c.

Site description. The zoning and general plan designations, assessor's parcel number(s) of the housing development site and, if reduced parking is requested on the basis of location, the distance to the nearest major transit stop, as defined in Section 21155 of the Public Resources Code.

d.

Replacement determination. To determine whether the project is subject to replacement requirements as described in Government Code Section 65915(c)(3), provided the following.

1.

The total number of dwelling units existing on the site in the five (5) year period preceding the date of submittal of the application.

2.

The total number of bedrooms in each dwelling unit existing on the site in the five (5) year period preceding the date of submittal of the application.

3.

The total number of dwelling units that are or were subject to a recorded covenant, ordinance or law applicable to the site that restricted rents to levels affordable to very-low- or lower-income households, including, but not limited to the Community Stabilization and Fair Rent Act in the five (5) year period preceding the date of submittal of the application.

4.

The total number of occupied dwelling units and the income and household size of all residents of currently occupied units or a statement from the applicant that such information is unknown.

5.

The total number of vacant dwelling units on the site and the income and household size of the prior residents occupying those dwelling units when the site contained the maximum number of dwelling units or a statement from the applicant that such information is unknown.

e.

Land donation. If a density bonus is requested for a land donation, the location of the land to be dedicated, proof of site control and reasonable documentation that each of the requirements included in Government Code Section 65915(g) can be met.

f.

Child care. If the density bonus or incentive/concession is based all or in part on the inclusion of a childcare facility, a written summary addressing the eligibility requirements as described in Government Code Section 65915(h) have been met.

g.

Condominium conversion. If the density bonus or incentive/concession is based all or in part on the inclusion of affordable units as part of a condominium conversion, written summary addressing the eligibility requirements as described in Government Code Section 65915.5 have been met.

h.

Waivers. If waivers or reductions of development standards are requested, the following minimum information for each waiver requested on each lot, shown on a site plan if appropriate:

1.

The city's usual development standard and the requested development standard waiver.

2.

Reasonable documentation that the development standards for which a waiver is requested will have the effect of physically precluding the construction of a development at the densities or with the incentive/concession permitted by Government Code Section 65915 and the waiver is no greater than necessary to reasonably accommodate the construction of such a development.

i.

Incentives/concessions. If incentives/concessions are requested, the following information for each incentive/concession:

1.

The number of incentives/concessions the applicant is eligible for pursuant to State Density Bonus Law.

2.

The city's usual development standard or other regulatory standard and the requested incentive/concession.

Reasonable documentation that the incentive/concession will result in identifiable and actual cost reductions.

4.

Reasonable documentation that the amount of cost reduction is used to provide the affordable units at affordable house costs or affordable rents.

(Ord. No. 2.21, § 3, 3/9/21.)

SEC. 36.48.95. - Findings.

a.

An application for a density bonus shall be approved pursuant to the State Density Bonus Law if the following findings are met, in addition to the required findings of other permits as part of the project. Finding 1 is required for all density bonus applications, while Findings 2, 3, 4 and 5 are only required if the density bonus request includes bonus density, reduced parking, incentives/concessions or waivers, respectively.

1.

The project is a housing development that contains at least one (1) of the features described in Section 65915(b) of the State Density Bonus Law to qualify for a density bonus and all other eligibility requirements as described in Government Code Section 65915(c), such as replacement of existing units, have been met;

2.

If bonus density is requested, the project has provided sufficient affordable units or otherwise meets the eligibility requirements for the bonus as described in Section 65915(f) of the State Density Bonus Law;

3.

If reduced parking ratios are requested, the project meets the eligibility requirements thereof as described in Section 65915(p) of the State Density Bonus Law;

4.

If incentives/concessions are requested, the project meets the eligibility requirements as described in Section 65915(d) of the State Density Bonus Law and the incentive/concession results in reduced costs to provide the affordable units; and

5.

If waivers are requested, the development standards requested to be waived would physically preclude the units or incentives/concessions provided in the project as described in Section 65915(e) of the State Density Bonus Law.

b.

A state density bonus, or any waivers or incentives/concessions thereof, may be denied only pursuant to the findings of denial in paragraphs (d)(1), (e)(1) or (p)(8) of Section 65915 of the State Density Bonus Law.

(Ord. No. 2.21, § 3, 3/9/21.)