Chapter 17.26 — INCENTIVES FOR COMMUNITY BENEFITS

This section establishes incentives for applicants to locate and design development projects in a manner that provides substantial benefits to the community.

• A. Incentives Restricted to Added Benefits. The city may grant additional incentives when the community benefits or amenities offered are not otherwise required by the zoning code or any other provision of local, state, or federal law. The city is not required to grant incentives; the city will decide if a project should receive an incentive on a case-by-case basis.

• B. Allowable Benefits—All Districts. A proposed project in any district that provides one or more of the following benefits is eligible for an incentive:

  1. Building and site design features that help to reduce the fear and incidence of crime. To be eligible for an incentive, these features must be in addition to any standards required by Section 17.12.100 (Crime prevention through environmental design).

  2. Development of a blighted property, or a vacant property in a blighted area, as determined by the planning commission.

  3. Sustainable development features, including on-site renewable energy generation and green roofs.

  4. Design improvements to increase transit accessibility, including installing additional transit stops or facilities around proposed development.

  5. Commuter trip reduction measures, such as providing transit passes to employees, for office or employment center development proposals.

  6. Features that increase the community's ability to access healthy, fresh foods, such as providing space for community gardens, farmers' markets, or grocery stores.

  7. Meeting healthy, local food retail standards, including:

     • a. Buying fresh produce from local producers (5% from the Oroville Sphere of Influence, 10% from Butte County, and/or 25% from California).

     • b. Dedicating 30% of sales area to perishable goods that include dairy, fresh produce, fresh meats, poultry, fish and frozen foods intended for home preparation.

     • c. Dedicating 50% of sales area to nonperishable food products intended for home preparation.

     • d. Agreeing to have at least one "family-friendly" junk-food free checkout line.

• C. Allowable Benefits—Mixed-Use Districts. A proposed project in a mixed-use district that provides one or more of the following benefits is eligible for an incentive:

  1. Improved bicycle and pedestrian facilities, including wider sidewalks, street furniture,

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and direct pedestrian or bike connections to destinations.

  - Public outdoor gathering places, including parks and plazas. 

3. Measures to expand arts and entertainment facilities in the downtown mixed-use district.

4. Installation of informational kiosk to improve way finding for residents and visitors in the down-town mixed-use district.

• D. Available Incentives—All Districts. A proposed project in any district providing benefits is eligible for the following incentives:

1. A reduction in the minimum required number of off-street parking spaces up to 25%.

   2. Incentives described in Section 17.24.060 (Development incentives).

• E. Available Incentives—Downtown Mixed-Use District. A proposed project in the downtown mixed-use district providing benefits is eligible for an increase in the maximum permitted floor area ratio (FAR) of up to 3.5. This incentive is in addition to the incentives for all districts listed in subsection D of this section.

• F. Relationship to State Density Bonus Law. The incentives allowed by this section are in addition to any development incentive required by Section 65915 of the California Government Code or Section 17.24 (Residential Density Bonus) of Oroville's Zoning Code.

• G. Permits Required.

  1. A conditional use permit is required for an applicant to receive incentives in exchange for benefits. The city recommends that an applicant requests a pre-application hearing with the development review committee to receive non-binding input as to whether the request for incentives is worthy of consideration.

  2. Applicants requesting incentives shall submit the following information as part of the conditional use permit application:

     • a. A description of the proposed amenities and how they will benefit the community.

     • b. All information needed by the planning commission to make the required findings described in subsection H (Findings), including a pro forma analysis demonstrating that the economic value of the proposed amenities is equal to or greater than the economic value of the requested incentives.

     • c. A description of the incentives being requested.

• H. Findings. The planning commission may approve the requested incentives only if the following findings can be made in addition to the findings required by Section 17.48.010 (Use permits):

  1. The proposed amenities will provide a substantial benefit to the community and advance the goals of the general plan.

  2. There are adequate public services and infrastructure to accommodate the increased

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development potential provided by the incentive.

3. The economic value to the community of the proposed amenities is equal to or greater than the economic value of the requested incentive.

• (Ord. 1819 § 5, 2017)

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City of Oroville, CA