Division 19.25 — DENSITY BONUS

The purpose of this Division is to provide for density bonuses and incentives to developers who comply with California Government Code Sections 65915 through 65918 (State Density Bonus Law) and to provide a local density bonus for the production of senior citizen housing.

(Ord. No. 1587, § 6(Exh. F), 12-3-2013)

Unless otherwise specified in this Division, the definitions found in State Density Bonus Law shall apply to the terms contained herein.

(Ord. No. 1587, § 6(Exh. F), 12-3-2013)

This Division shall apply to all zoning districts that permit housing at a prescribed density by the General Plan Land Use Designation and/or zoning district. Where the density allowed under the zoning district is inconsistent with the density allowed under the General Plan Land Use Designation, the Land Use Designation density shall prevail.

(Ord. No. 1587, § 6(Exh. F), 12-3-2013)

A developer of a housing development in the city may be permitted a density bonus and incentives in accordance with the provisions of California Government Code Sections 65915 through 65918 (State Density Bonus Law).

(Ord. No. 1587, § 6(Exh. F), 12-3-2013)

A.

The City shall grant a local Senior Density Bonus to 30 dwelling units per acre when an applicant for a Senior Citizen housing development, as defined in California Civil Code Section 51.3, seeks such Bonus and agrees to construct a housing development located in and compliant with the Affordable Housing Opportunity Overlay District pursuant to 19.16.070. The rounding method applicable to the local Senior Density Bonus shall be as set forth in Section 19.02.020(c)(1).

B.

If a developer of senior citizen housing pursuant to 19.25.050 (A) also seeks a state density bonus and any incentives pursuant to 19.25.040, the additional (bonus) units and any incentives allowed shall be calculated on the applicable base density as set forth in Section 19.16.070(F)(1). The rounding method for fractional units

allowed pursuant to the State Density Bonus shall be as specified in State Density Bonus Law. See Table 1 for an example of the calculation for projects employing a maximum local senior density bonus and a State Density Bonus.

Table 1. Example Calculation for Local Senior Housing Density Bonus on parcels assigned AHO:

No. of "Base" Units Affordability Local Senior State Mandated Total Possible Units per 19.16.070(f)(1) Bonus* Density Bonus** with Local Senior and State Density Bonus

23 20% affordable (5 7 units 35% - 9 units 39 units (1 acre site) units): (23 + 7 = 30) (35% x 23 = 9 (5 affordable; 10% low income - 2 where 8.05 is 34 market-rate) units rounded to 9) 10% very low income - 3 units

34 20% affordable (7 11 units 35% - 12 units 57 units (1.5 acre site) units) (34 + 11 = 45) (35% x 34 = 12 (7 affordable 10% low income - 3 where 11.90 50 market units rounded up to rate) 10% very low 12) income - 4 units

* Local senior bonus increases maximum allowable base density to 30 du/acre.

**However, the State Density Bonus for senior housing is calculated on the "Base" project density, not including the local senior bonus.

(Ord. No. 1587, § 6(Exh. F), 12-3-2013)

A.

An application for a state density bonus, senior density bonus, incentive or concession, waiver or modification of a development standard, or a revised parking standard in accordance with section 19.25.040, shall be submitted with the first application for approval of a housing development and shall be processed concurrently with all other applications required for the housing development. The application shall be submitted on a form prescribed by the city and shall include, at a minimum, the following information:

A site plan showing the total number and location of all proposed housing units and the number and location of proposed housing units which qualify the housing development for density bonus housing units.

The manner in which the applicant shall satisfy the affordability requirements for the housing units which qualify the housing development for density bonus units.

A description of any requested incentives and concessions, waivers or modification of development standards, or modified parking standards. For all incentives and concessions, except mixed use development, the application shall include evidence deemed sufficient by the city that the requested incentives and concessions result in identifiable, financially sufficient, and actual cost reductions. For waivers or modifications of development standards, the application shall include evidence deemed sufficient by the city that the waiver or modification is necessary to make the housing units economically feasible and that the development standard from which a waiver or modification is requested will have the effect of precluding the construction of the housing development at the densities to which the applicant is entitled pursuant to this article and with the concessions and incentives permitted by this article.

If a density bonus is requested for a land donation, the application shall show the location of the land to be dedicated and provide evidence that each of the conditions pursuant to Government Code Section 65915 (g)(2) (A through H) are met.

If a density bonus or incentive or concession is requested for a child care facility pursuant to Government Code Section 65915 (h), the application shall show the location and square footage of the child care facility and provide evidence that the community lacks adequate child care facilities.

B.

Review and Consideration. An application for a density bonus, incentive or concession, waiver or modification of a development standard, or revised parking standard shall be considered and acted upon by the city body with review authority for the housing development.

C.

Approval. Before approving an application for a density bonus, incentive or concession, or waiver or modification of a development standard, the approval body shall make the following findings:

If the density bonus is based all or in part on a donation of land, the conditions of Government Code Section 65915 (g)(2)(A through H) are met.

If the density bonus, incentive or concession is based all or in part on the inclusion of a child care facility, that the conditions included in Government Code Section 65915 (h)(2)(A) and (B) are met.

If the incentive or concession includes mixed use development, the finding included in Government Code Section 65915 (k)(2) are met.

If a waiver or modification of a development standard is requested, the developer has demonstrated, for each requested waiver or modification, that the waiver or modification is necessary to make the housing units economically feasible and that the development standards from which a waiver or modification is requested will have the effect of precluding the construction of a housing development at the densities to which the applicant is entitled pursuant to this Division or with the concessions and incentives permitted by this Division.

D.

The approval body may deny a concession or incentive if it makes a written finding based upon substantial evidence of either of the following:

The concession or incentive is not required to provide for affordable rents or affordable housing costs as required by this article.

The concession or incentive would have a specific adverse impact upon public health or safety or the physical environment or on any real property listed in the California Register of Historical Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to lower, very low or moderate income households. For purposes of this subsection, "specific adverse impact" means a significant, quantifiable, direct and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application was deemed complete.

E.

The approval body may deny a waiver or modification of a development standard only if it makes a written finding based upon substantial evidence of either of the following:

The waiver or modification would have a specific adverse impact upon health, 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, very low or moderate income households. For purposes of this subsection, "specific adverse impact" means a significant, quantifiable, direct and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application was deemed complete.

The waiver or modification would have an adverse impact on any real property listed in the California Register of Historical Resources.

F.

If a density bonus or concession or incentive is based on the provision of child care facilities, the approval body may deny the density bonus or concession or incentive if it finds, based on substantial evidence, that the City already has adequate child care facilities.

(Ord. No. 1587, § 6(Exh. F), 12-3-2013)

A.

Density Bonus Housing Agreement. An applicant requesting a density bonus shall agree to enter into an affordable housing agreement ("agreement") with the city in the city's standard form of agreement. Execution of the agreement shall be made a condition of approval for any discretionary planning permit for housing developments pursuant to this article and shall be recorded as a restriction on any parcels on which the housing units which qualify the housing development for a density bonus will be constructed.

B.

Recording of Agreement. The agreement shall be recorded prior to the final or parcel map approval, or, where the housing development does not include a map, prior to the issuance of a building permit.

C.

Contents of the Agreement. Each agreement shall include, but not be limited to, the following:

A description of the residential development, including whether the housing units which qualify the housing development for a density bonus will be rented or owner-occupied;

The number, size and location of the housing units which qualify the housing development for a density bonus;

Provisions and/or documents for resale restrictions, deeds of trust, right of first refusal or rental restrictions;

Provisions for monitoring the ongoing affordability of the housing units which qualify the housing development for a density bonus, and the process for qualifying prospective resident households for income eligibility; and

Any additional obligations relevant to the compliance with this Division.

D.

Owner-Occupied Agreements. The purchaser of each owner-occupied housing unit which qualified the housing development for a density bonus shall execute the City's standard form agreement, to be recorded against the

parcel, and which includes such provisions as the city may require to ensure continued compliance with this Division.

E.

Agreements for Child Care Facilities and Land Donations. Density bonus housing agreements for child care facilities and land dedications shall ensure continued compliance with all conditions included in Government Code Section 65915 (h)(2)(A) and (B) and Government Code Section 65915 (g)(2)(A through H), respectively.

(Ord. No. 1587, § 6(Exh. F), 12-3-2013)