Division 7A — DENSITY BONUS AND RELATED INCENTIVES AND CONCESSIONS PROGRAM

The purpose of this Division 7A is to meet the requirements set forth in Cal. Govt Code, Section 65915 et seq . (known as the State Density Bonus Law). If any provision of this Division 7A conflicts with State law, or provides more rights than are legally required by State law, the minimum requirements of State law shall control. (Ord. No. 2912, 3035)

In addition to the definitions in Section 16-10, the following definitions apply to this division and shall control over any conflicting definitions in Section 16-10. State law definitions, as they may be amended from time to time, control over the definitions in this section. Where the definitions are provided by State law, the citation to the statute follows.

(A) AFFORDABLE HOUSING AGREEMENT - An agreement between the City of Oxnard and the developer pursuant to Section 16-410.19.

• (B) AFFORDABLE HOUSING BENEFITS - One or more of the following:

• (1) A density bonus pursuant to Section 16-410.8;

• (2) An incentive pursuant to Section 16-410.12;

• (3) A development standard waiver or modification pursuant to Section 16-410.15; and

• (4) A parking standard modification pursuant to Section 16-410.16.

• (C) AFFORDABLE HOUSING COST - The definition set forth in Cal. Health and Safety Code, Section 50052.5.

• (Cal. Gov't Code, Section 65915(c)(2))

• (D) AFFORDABLE HOUSING DEVELOPER - The applicant or permittee of a qualified housing development and its assignees or successors in interest.

• (E) AFFORDABLE RENT - The definition set forth in Cal. Health and Safety Code, Section 50053(b). (Cal Gov't Code, Section 65915(c)(1))

• (F) AFFORDABLE UNIT - A residential dwelling unit that is guaranteed by the affordable housing developer to be rented or sold in accordance with the requirements of this division to one of the following:

• (1) A lower income household (Cal. Health and Safety Code Section 50079.5); or

• (2) A moderate income household within a for-sale development (Cal. Gov't Code, Section 65915(c)(1)-(c)(2))

• (3) A student housing rental bed for a lower income student, and its pro rata share of associated common area facilities. (Cal. Gov't Code, Section 65915(b)(1)(F)(ii))

(G) APPROVAL AUTHORITY - The person or body within the city who is authorized to provide discretionary approval or ministerial approval of a housing development. If multiple persons or approval bodies are authorized to make one or more such approvals, then the person or body with the highest authority shall be deemed the approval authority.

(H) CHILDCARE FACILITY - A child day care facility other than a family day care home, including but not limited to infant centers, preschools, extended day care facilities, and school age childcare centers (Cal. Gov't Code, Section 65915(h)(4))

• (I) CITY - The City of Oxnard or its designee.

(J) COMMON INTEREST DEVELOPMENT - Any of the following: a community apartment project, a condominium project, a planned development, or a stock cooperative pursuant to Cal. Civil Code, Section 4100. All common interest development units must be offered to the public for purchase (Cal. Gov't Code, Section 65915(b)(1) (D))

(K) CONDOMINIUM CONVERSION PROJECT - A residential project in which the applicant proposes to convert apartment units to condominiums pursuant to Cal. Gov't Code, Section 65915.5(a).

(L) DENSITY BONUS - Except as used in Section 16-410.20, Condominium Conversion Projects, a density increase over the otherwise maximum allowable residential density as of the date of application to the city for a qualified housing development. (Cal Gov't Code, Section 65915(f)). As used in Section 16-410.20, density bonus shall be defined as set forth in Section 16-410.2 (Cal. Gov't Code, Section 65915.5(b))

(M) DENSITY BONUS UNITS - Dwelling units granted pursuant to Cal. Gov't Code, Section 65915 which exceed the otherwise maximum allowable residential density.

(N) DEVELOPER - The applicant or permittee of a qualified housing development and its assignees or successors in interest.

(O) DEVELOPMENT STANDARD - A site or construction condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an on-site open-space requirement, or a parking ratio, that applies to a residential development pursuant to the zoning ordinance, the general plan, specific plan or other city condition, law, policy, resolution, or regulation (Cal. Gov't Code, Section 65915(o)(2))

(P) DOMESTIC PARTNER - The definition set forth in California Family Code Section 297. An individual is considered a domestic partner of the owner by presenting the Declaration of Domestic Partnership filed with the California Secretary of State (Cal. Family Code Section 297)

(Q) EQUITY SHARE AGREEMENT - An agreement between the City of Oxnard and the initial buyer of an affordable unit offered for sale pursuant to Section 16-410.19.

(R) HOUSEHOLD INCOME CATEGORY DEFINITIONS -

(1) ACUTELY LOW INCOME HOUSEHOLDS - Persons and families whose incomes do not exceed 15% of the area median income for the Ventura County Metropolitan Statistical Area adjusted for family size and revised annually, as defined in Cal. Health and Safety Code, Section 50063.5, as may be amended.

(2) EXTREMELY LOW INCOME HOUSEHOLDS - Persons and families whose incomes do not exceed 30% of the area median income for the Ventura County Metropolitan Statistical Area, adjusted for family size and revised annually, as defined in Cal. Health and Safety Code, Section 50106. as may be amended.

(3) VERY LOW INCOME HOUSEHOLD - Persons and families whose income does not exceed 50% of the Ventura County Metropolitan Statistical Area, adjusted for family size and revised annually, as defined in Cal. Health and Safety Code, Section 50105. (Cal. Gov't Code, Section 65915(b)(1)(B))

(4) LOW INCOME HOUSEHOLD - A household whose income does not exceed 80% of the Ventura County Metropolitan Statistical Area, adjusted for family size and revised annually, as defined in Cal. Health and Safety Code, Section 50079.5. (Cal. Gov't Code, Section 65915(b)(1)(A))

(5) LOWER INCOME HOUSEHOLDS - Includes acutely low income households, extremely low income households, very low income households, and low income households whose gross incomes are 80% or less of the area median income for the Ventura County Metropolitan Statistical Area, adjusted for family size and revised annually pursuant to Cal. Health and Safety Code Section 50079.5 and 50105, as may be amended.

OWER INCOME HOUSEHOLDS - Includes acutely low income households, extremely low income households, very low income households, and low income households whose gross incomes are 80% or less of the area median income for the Ventura County Metropolitan Statistical Area, adjusted for family size and revised annually pursuant to Cal. Health and Safety Code Section 50079.5 and 50105, as may be amended.

(6) MODERATE INCOME HOUSEHOLD - Persons or families whose income does not exceed 120% of the Ventura County Metropolitan Statistical Area, adjusted for family size and revised annually, as defined in Cal. Health and Safety Code, Section 50093. (Cal. Gov't Code, Section 65915(b)(1)(D))

(S) HOUSING DEVELOPMENT - A development project of five or more residential units, including mixed-use developments. This also includes a subdivision or common interest development that is approved by the city and 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 multifamily dwelling where the result of the rehabilitation would be a net increase in available residential units. The residential units within a housing development shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels. (Cal. Gov't Code, Section 65915(i))

(T) HOUSING RELATED COST (PURCHASER) - The definition set forth in Cal. Code of Regulations Section 6920. Housing related cost is inclusive of mortgage loan payments, mortgage insurance payments, property taxes and assessments, homeowner association fees, reasonable utilities allowance, insurance premiums, maintenance costs, and space rent if the housing unit is situated on rented land.

(U) INCENTIVE - Incentives and concessions as that phrase is used in Cal. Gov't Code, Section 65915(k).

(V) MAJOR TRANSIT STOP - A site containing any of the following: (a) An existing rail or bus rapid transit station; or (b) The intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods, as defined in subdivision (b) of Sections 21155 and 21064.3 of the Public Resources Code. Located within one-half mile of a major transit stop means any point on a proposed development is within one-half mile of any point on the property on which a major transit stop is located, including any parking lot owned by the transit authority or other local agency operating the major transit stop. Unobstructed access to the major transit stop means a resident is able to access the major transit stop without encountering natural or constructed impediments. For purposes of this subparagraph natural or constructed impediments includes, but is not limited to, freeways, rivers, mountains, and bodies of water, but does not include residential structures, shopping centers, parking lots or rails used for transit (Cal. Gov't Code Sections 65915(o)(2), 65915(o)(4), and 65915(p)(2))

major transit stop without encountering natural or constructed impediments. For purposes of this subparagraph natural or constructed impediments includes, but is not limited to, freeways, rivers, mountains, and bodies of water, but does not include residential structures, shopping centers, parking lots or rails used for transit (Cal. Gov't Code Sections 65915(o)(2), 65915(o)(4), and 65915(p)(2))

(W) MARKET-RATE UNIT - A dwelling unit that is not an affordable unit.

(X) MAXIMUM ALLOWABLE RESIDENTIAL DENSITY - The density allowed under the applicable zoning ordinance and the land use element of the general plan, or if a range of density is permitted, means the maximum allowable density for the specific zoning range and land use element of the general plan applicable to the project. 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. (Cal. Gov't Code, Section 65915(o)(6))

(Y) MINIMUM AFFORDABLE HOUSING COMPONENT - A housing development which includes a minimum affordable housing as identified in Cal. Gov't Code, Section 65915(b).

(Z) OTHER INCENTIVES OF EQUIVALENT FINANCIAL VALUE - The reduction or waiver of requirements which the city might otherwise apply as conditions of condominium conversion approval, but shall not be construed to require the city to provide cash transfer payments or other monetary compensation. (Cal. Gov't Code, Section 65915.5(c))

(AA) QUALIFIED HOUSING DEVELOPMENT - A housing development that meets the requirements of Section 16-410.3 for density bonus.

(BB) QUALIFIED LAND - Land offered for donation in accordance with Section 16-410.11 that meets the criteria set forth in Section 16-410.11.

(CC) RENT - The definition set forth in Cal. Code of Regulations, Section 6918. Monthly rent shall be an average of estimated costs for the next 12 months. Rent is inclusive of the total of monthly payments for a rental or cooperative unit for:

(1) Use and occupancy of a housing unit and land and facilities associated therewith.

(2) Any separately charged fees or service charges assessed by the lessor which are required of all tenants, other than security deposits.

(3) A reasonable allowance for utilities not included in subsections (CC)(1) or (2) above, including garbage collection, sewer water, electricity, gas, and other heating, cooking and refrigeration fuels. Utilities does not include telephone service. Such an allowance shall take into consideration the cost of an adequate level of service.

(4) Possessory interest taxes, or other fees or charges assessed for use of the land and facilities associated therewith by a public or private entity other than the lessor.

(DD) SENIOR CITIZEN HOUSING DEVELOPMENT - A residential development as defined in Cal. Civil Code, Sections 51.3 and 51.12, or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Cal. Civil Code, Sections 798.76 or 799.5. (Cal. Gov't Code, Section 65915(b)(1)(C))

(EE) SENIOR CITIZEN HOUSING DEVELOPMENT UNIT - A residential dwelling unit within a senior citizen housing development that is available to, and occupied by, a senior citizen as defined in Cal. Civil Code, Section 51.3. (Cal. Gov't Code, Section 65915(b)(1)(C))

(FF) SPECIFIC, ADVERSE IMPACT - 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 the application for the housing development was deemed complete. Inconsistency with the zoning ordinance or general plan land use designation shall not constitute a specific, adverse impact upon the public health or safety. (Cal. Gov't Code, Section 65589.5(d)(2))

(GG) TOTAL UNITS AND TOTAL DWELLING UNITS - Consistent with Cal. Gov't Code Section 65915(o)(8), for the purpose of this division only, dwelling units other than density bonus units awarded pursuant to this division.

(HH) ZONING ORDINANCE - Chapter 16 and 17 of the City of Oxnard Municipal Code. (Ord. No. 2912, 3002, 3035)

Density bonuses are available to affordable housing developers in accordance with this division for a development that will contain at least one of the following:

(A) Housing developments which include a minimum affordable housing component as identified in Cal. Gov't Code, Section 65915(b), pursuant to Section 16-410.8 and subsection (A);

(B) Senior citizen housing developments as identified in Cal. Gov't Code, Section 65915(b)(1)(C) and pursuant to Section 16-410;

(C) A housing development that includes a minimum housing component for transitional foster youth, disabled veterans, or homeless persons as identified in Cal. Gov't Code, Section 65915(b)(1)(E). The units described in this subparagraph shall be subject to a recorded affordability restriction of 55 years and shall be provided at the same affordability level as very low income units. (Cal. Gov't Code, Section 65915(b)(1)(E));

(D) Student housing developments as identified in Cal. Gov't Code, Section 65915(b)(1)(F) and subject to the requirements therein;

(E) Housing developments that includes 100% of all units in the development including total units and density bonus units, are for lower income households, exclusive of a manager's unit or units, and up to 20% of the units in the development may be affordable to moderate-income households (Cal. Gov't Code, Section 65915(b)(1)(G));

(F) Housing developments that include a minimum affordable housing component and a childcare facility, pursuant to Section 16-410.9;

(G) Land donations for very low income housing as identified in Cal. Gov't Code, Section 65915(g), pursuant to Section 16-410.11.

(H) For the purpose of calculating a density bonus, the residential units must be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels.

(I) Notwithstanding any language in this Division 7A to the contrary and consistent with the Second Appellate District case of Kalnel Gardens v. City of Los Angeles (2016) 3 Cal. App. 5th 927, within the coastal zone. Density bonuses shall not be available to affordable housing developers if the city finds that the proposed project cannot feasibly be accommodated on the site in a manner that is in conformity with the California Coastal Act. (Ord. No. 2912, 3035)

An application for a density bonus permit shall be accompanied by the fee set by resolution of the City Council. (Ord. No. 2912, 3035)

When an applicant seeks a density bonus for a housing development that meets the criteria set out in Section 16410.8 (Cal. Gov't Code, Section 65915) the affordable housing developer must comply with all of the following requirements:

(A) The applicant shall file an application for a density bonus permit in accordance with Sections 16-410.5 and 16410.6 that includes a minimum affordable housing component, whether or not the project also requires or has been granted a special use permit or other permits or approvals. (Cal. Gov't Code, Section 65915(b)(1))

(B) State in the application the specific minimum affordable housing component proposed for the housing development. (Cal. Gov't Code, Section 65915(b)(2))

(C) Enter into an agreement with the city or its designee pursuant to Section 16-410.19 to maintain and enforce the affordable housing component of the housing development. (Cal. Gov't Code, Section 65915(c)) (Ord. No. 2912, 3035)

(A) The application for a density bonus permit shall include the following information:

(1) A description of the project, including the number of dwelling units, the number of affordable units and level of affordability, the total number of units in the development by number of bedrooms, and the location of the affordable units;

(2) A description of the density bonus and the incentives or concessions requested, if any, in accordance with Sections 16-410.8 through 16-410.13 (Cal. Gov't Code, Section 65915(b)(2)(d)(1));

(3) For parking standard modification requests, that the requirements of Section 16-410.16 are met (Cal. Gov't Code, Section 65915(p));

(4) The location, design, and phasing criteria required by Section 16-410.17, including any proposed development standard(s) modifications or waivers pursuant to Section 16-410.15;

(5) Any proposal for the waiver or reduction of development standards which waiver or reduction is required to allow the city to avoid physically precluding the construction of a development meeting the criteria of Cal. Gov't Code, Section 65915(b) at the densities or with the concessions or incentives permitted by the statute;

(6) The proposed method of ensuring the continued affordability of all low, very low rental units, or senior units, or childcare facilities, that qualified the applicant for the award of the density bonus for at least 55 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program, as required by Cal. Gov't Code, Section 65915(c)(1); and

(7) Other information reasonably requested by city staff needed to establish eligibility for a requested density bonus, incentives or concessions, or to demonstrate that the incentive meets the definition of identifiable and actual cost reductions to provide for affordable housing costs or affordable rents.

(B) For the application for a density bonus permit for the donation of qualified land pursuant to Section 16-410.11, the application must show the location of the qualified land in addition to including sufficient information to establish that each requirement of that section has been met. (Cal. Gov't Code, 65915(g)(2))

(C) The application for a density bonus permit for a housing development with a childcare facility that conforms to the requirements of Section 16-410.9 or Section 16-410.12. (Cal. Gov't Code, Section 65915(b)), shall show the location and square footage of the childcare facility in addition to including sufficient information on how the applicant proposes to regulate attendance at the childcare facility to conform to the requirements of Cal. Gov't Code, Section 65915(h)(2)(B).

(D) An application for a density bonus permit will not be processed until all of the provisions of this Division 7A are complied with and shall be processed concurrently with other required entitlements for which the affordable housing benefit is sought.

(E) Approval of a density bonus permit, incentives, concessions or waivers shall be made by the approval authority within the city that is authorized to approve the associated discretionary approval or ministerial approval for the underlying development permit for the housing development. The approval of the density bonus application is nondiscretionary unless the city adopts written findings justifying the denial of the density bonus application. The approval authority's decision shall only be appealable if the permit is denied. An appeal shall be granted if the approval authority's decision does not include written findings or if the written findings do not justify the denial consistent with State or local law.

(Ord. No. 2912, 3002, 3035)

A proposal for a waiver or reduction of development standards shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to Cal. Gov t Code, Section 65915(e)(2). (Ord. No. 2912, 3035)

If the requirements of Section 16-410.3 are met, then the affordable housing developer is entitled to a density bonus pursuant to Cal. Gov't Code, Section 65915(f). The amount of density bonus to which the applicant is entitled shall vary according to the amount by which the percentage of affordable units offered by the applicant exceeds the percentage of the minimum affordable housing component; the applicant may also elect to accept a lesser percentage of density bonus or no increase in density (Cal. Gov't Code, Section 65915(f)). All density calculations resulting in fractional units shall be rounded up to the next whole number. (Cal. Gov't Code, Section 65915(f)(5). Developers of housing under this division are not eligible to request to make in-lieu affordable housing payment instead of providing affordable housing units.

(Ord. No. 2912, 3035)

(A) Criteria - For a density bonus to be granted pursuant to Section 16-410.9(B) for housing development with a minimum affordable housing component and a childcare facility, all of the following must be satisfied:

(1) Compliance with one of the minimum eligibility requirements identified in Cal. Gov't Code, Section 65915(b).

(2) The housing development must include a childcare facility that will be located on the premises of, as part of, or adjacent to, the housing development. (Cal. Gov't Code, Section 65915(h)(1))

(3) Approval of the housing development must be conditioned to ensure that both of the following occur:

(a) The childcare facility must remain in operation for a period of time that is as long as or longer than the period of time during which the affordable units are required to remain affordable pursuant to Section 16-410.19 (Cal. Gov't Code, Section 65915(h)(2)(A)).

(b) Of the children who attend the childcare facility, the children of very low income households, low income households, or moderate income households must equal a percentage that is equal to or greater than the percentage of dwelling units that are required under the respective minimum affordable housing component income category for which the density bonus is sought. (Cal. Gov't Code, Section 65915(h)(2)(B))

(4) The city has not made a finding based upon substantial evidence that the community has adequate childcare facilities. (Cal. Gov't Code, Section 65915(h)(3))

(B) Density bonus allowance - If the requirements of Section 16-410.9(A) are met, then an applicant for a housing development with an affordable housing component and childcare facility is entitled to:

(1) An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the childcare facility. (Cal. Gov't Code, Section 65915(h)(1)(A))

(2) An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the childcare facility. (Cal. Gov't Code, Section 65915(h)(1)(B))

(Ord. No. 2912, 3035)

(A) An applicant for a senior citizen housing development or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Cal. Civil Code, Sections 798.76 or 799.5 is entitled to a density bonus for the number of senior citizen housing development units as identified in Cal. Gov't Code. Section 65915(f)(3)(A). (Cal. Gov't Code, Sections 65915(b)(1)(C) and 65915(f)(3)(A))

(B) To qualify as a senior unit, at least 35 senior citizen housing development units are maintained and available for rent or sale to senior citizens as defined in Cal. Civil Code, Section 51.3. (Ord. No. 2912, 3035)

For a density bonus for a qualified land donation to be granted, all of the requirements of State law, as it may be amended from time to time, shall be met. See Cal. Gov't Code, Section 65915(g). For qualifying donations, the city shall award a density bonus as identified in Cal. Gov't Code, Section 65915(g)(1) in addition to any density bonus earned pursuant to this division, but in no event shall the total density bonus from all sources exceed 50%. (Cal. Gov't Code, Section 65915(g)(2))

(Ord. No. 2912, 3035)

Cal. Gov't Code, Sections 65915(d), (j), (k) and (l) govern the following provisions regarding affordable housing incentives. Subject to Section 16-410.14, all of the following applicable requirements must be satisfied to be granted an incentive(s) pursuant to Sections 16-410.12(B) and 16-410.13:

(A) The applicant for an incentive may also be an applicant for a density bonus and must qualify for a density bonus pursuant to Section 16-410.3 (Cal. Gov't Code, Section 65915(d)(1))

(B) A specific written proposal for an incentive(s) must be submitted with the application for density bonus in accordance with Section 16-410.6 (Cal. Gov't Code, Sections 65915(b)(1) and (d)(1)). The applicant's proposal may subsequently be amended or supplemented based on project design or other changes requested by the city; provided, however, that the city shall have additional time to review the requested changes.

(C) If an incentive(s) pursuant to Sections 16-410.12 and 16-410.13 is sought, the applicant must establish that each requested incentive would result in identifiable and actual cost reductions for the qualified housing development or for rents for the qualified affordable dwelling units. (Cal. Gov't Code, Sections 65915(k)(1) and (3))

(D) If an incentive(s) for mixed-use zoning in conjunction with a housing project is sought, the applicant must establish that requirements of State law are met. (Cal. Gov't Code, Section 65915(k)(2))

(E) If an additional incentive for a childcare facility is sought pursuant to Section 16-410.13(D), the applicant must establish that requirements of that section are met.

(F) The granting of an incentive shall not be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, study or other discretionary approval. (Cal. Gov't Code, Section 65915(j)) An incentive is applicable only to the project for which it is granted. For purposes of this subsection (F), study does not include reasonable documentation to establish eligibility for the incentive or to demonstrate that the incentive meets the definition of identifiable and actual cost reductions to provide for affordable housing costs or affordable rents. (Ord. No. 2912, 3035)

Subject to Section 16-410.14, the applicant who meets the requirements of Section 16-410.12(A) shall receive the following number of incentives described below and as shown in Table 16-410.13.

(A) One incentive for qualified housing development projects that include at least 10% of the total units for low income households, at least 5% for very low income households, or at least 10% for persons and families of moderate income households in a development in which the units are for sale.

(Cal. Gov't Code, Section 65915(d)(2)(A))

(B) Two incentives for qualified housing development projects that include at least 17% of the total units for low income households, at least 10% for very low income households, or at least 20% for persons and families of moderate income households in a development in which the units are for sale. (Cal. Gov't Code, Section 65915(d)(2)

(B))

(C) Three incentives for qualified housing development projects that include at least 24% of the total units for low income households, at least 15% for very low income households, or at least 30% for persons and families of moderate income households in a development in which the units are for sale. (Cal. Gov't Code, Section 65915(d)(2) (C))

(D) Four incentives or concessions for a project that include 100% of total units and density bonus units excluding manager's units, that affordable to lower income households, as identified in Cal. Gov't Code Section 65915(b)(1)(G). If the project is located within one-half mile of a major transit stop, the applicant shall also receive a height increase of up to three additional stories, or 33 feet. (Cal. Gov't Code, Section 65915(d)(2)(D))

(E) One incentive for projects that include at least 20% of the total units for lower income students in a student housing development. (Cal. Gov't Code, Section 65915(d)(2)(E))

(F) Subject to Section 16-410.14(D), a qualified housing development proposal that includes a childcare facility shall be granted an additional incentive that contributes significantly to the economic feasibility of the construction of the childcare facility. (Cal. Gov't Code, Section 65915(h)(1)(B))

TABLE 16-410M - INCENTIVE ALLOWANCES FOR QUALIFIED HOUSING DEVELOPMENTS

(Ord. No. 2912, 3035)

Outside of the coastal zone and except as otherwise provided in this Division 7A or by State law, if the requirements of Section 16-410.12(A) are met, the city shall grant the incentive(s) that are authorized by Sections 16-410.12(B) and 16-410.13 unless a written finding, based upon substantial evidence, is made with respect to any of the following, in which case the city may refuse to grant the incentive(s):

(A) The incentive does not result in identifiable and actual cost reductions, consistent with Cal. Gov't Code, Section 65915(k), to provide for affordable housing costs or for rents for the targeted units to be set as specified in Cal. Gov't Code, Section 65915(k). (Cal. Gov't Code, Section 65915(d)(1)(A))

(B) The incentive would have a specific, adverse impact, as defined in Cal. Gov't Code, Section 65589.5(d)(2), upon the 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 impact without rendering the development unaffordable to low- and moderate-income households. (Cal. Gov't Code, Sections 65915(d)(1)(B) and 65915(d)(3))

(C) The incentive would be contrary to State or federal law. (Cal. Gov't Code, Section 65915(d)(1)(C))

(D) The city finds, based upon substantial evidence, that the community has adequate childcare facilities, in which case the additional incentive for a childcare facility pursuant to Section 16-410.13(D) may be denied. (Cal. Gov't Code, Section 65915(h)(3))

(E) Within the coastal zone, the city shall deny applications for incentives and/or density bonuses if the city finds that the proposed project - with the requested incentive(s), density bonus(es) and/or waiver of development standard(s) - cannot feasibly be accommodated on the site in a manner that is in conformity with the California Coastal Act. (Ord. No. 2912, 3035)

Requirements for waiver or modification of development standards:

(A) Application - To qualify for a waiver or reduction of one or more development standards, the applicant must submit a written application (together with an application for a qualified housing development) that states the specific development standard(s) sought to be modified or waived and the basis of the request. (Cal. Gov't Code, Section 65915(e)(1)) An applicant for a waiver or modification of development standard(s) pursuant to this section may request a meeting with the director to review the proposal. If requested, the director shall meet with the applicant. (Cal. Gov't Code, Section 65915(e)(1)). An application for the waiver or reduction of development standard(s) pursuant to this section shall neither reduce nor increase the number of incentives to which the applicant is entitled pursuant to Section 16-410.12. (Cal. Gov't Code, Section 65915(e)(2))

(B) To deny the requested waiver or reduction of development standard(s) outside of the coastal zone, the city shall make a written finding, based upon substantial evidence, of any of the following:

(1) The requested waiver or reduction of development standard(s) would have a specific adverse impact (as defined in Cal. Gov't 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 impact without rendering the development unaffordable to very low, low-income, and moderate-income households.

(2) The requested waiver or reduction of development standard(s) would be contrary to State or federal law.

(C) Within the coastal zone, the city shall deny the requested waiver or reduction of development standard(s) if it finds that the requested waiver or reduction of development standard(s) cannot feasibly be accommodated on the site in a manner that is in conformity with the California Coastal Act.

(D) Granting application for waiver or modification of development standards - If the requirements of Sections 16410.15(A) and (B) are satisfied, the application for waiver or modification of development standard(s) shall be granted, unless, within the coastal zone, the waiver or modification of development standard(s) cannot feasibly be accommodated on the site in a manner that is in conformity with the California Coastal Act.

(E) If the requirements of Sections 16-410.15(A) and (B) are satisfied, the city shall not apply a development standard that will have the effect of physically precluding the construction of a qualified housing development at the densities or with the incentives permitted by this Division 7A (Cal. Gov't Code, Section 65915(e)(1)) unless, within the coastal zone, the waiver or modification of development standard(s) cannot feasibly be accommodated on the site in a manner that is in conformity with the California Coastal Act.

(Ord. No. 2912, 3035)

(A) Requirements for parking standard modifications - Modification of parking standard set forth in Section 16-622 are available only for qualified housing developments. An application for parking standard modifications stating the specific modification requested must be submitted with the qualified housing development application. (Cal. Gov't Code, Section 65915(p)(3))

(B) Parking standard modifications - If the requirements of Section 16-410.3 are met, the vehicular parking ratio, inclusive of handicapped and guest parking, shall not exceed the following ratios (Cal. Gov't Code, Section 65915(p) (1)):

• (1) Zero to one bedroom: one on-site parking space.

• (2) Two to three bedrooms: one and one-half on-site parking spaces.

• (3) Four and more bedrooms: two and one-half on-site parking spaces.

(C) Not withstanding Section 16-410.16(B), if a development includes at least 20% of the total units affordable to low income households, at least 11% of the total units affordable to very low income, or at least 40% moderate-

income units within a for-sale housing developments; the development is located within one-half mile of a major transit stop; and the residents of the development have unobstructed access to the major transit stop from the development then upon the request of the developer, the city shall not impose a vehicular parking ratio, inclusive of parking for persons with a disability and guests, that exceeds 0.5 spaces per bedroom. (Cal. Gov't Code. Section 65915(p)(2))

(D) Not withstanding Section 16-410.16(B), if a development consists solely of rental units, exclusive of a manager's unit or units, with an affordable housing cost to lower income families: the development is located within one-half mile of a major transit stop and the residents of the development have unobstructed access to the major transit stop from the development then, upon the request of the developer, the city shall not impose a vehicular parking ratio. (Cal. Gov't Code. Section 65915(p)(3)(A))

(E) Not withstanding Section 16-410.16(B), if a development consists solely of rental units for individuals who are 62 years of age or older that complies with Sections 51.2 and 51.3 of the Civil Code, exclusive of a manager's unit or units, with an affordable housing cost to lower income families; the development has either paratransit service or unobstructed access; and the development is located within one-half mile of a fixed bus route service stop that operates at least eight times per day, then upon the request of the developer, the city shall not impose a vehicular parking ratio. (Cal. Gov't Code, Section 65915(p)(3)(B))

nits, with an affordable housing cost to lower income families; the development has either paratransit service or unobstructed access; and the development is located within one-half mile of a fixed bus route service stop that operates at least eight times per day, then upon the request of the developer, the city shall not impose a vehicular parking ratio. (Cal. Gov't Code, Section 65915(p)(3)(B))

(F) Not withstanding Section 16-410.16(B) if a development consists solely of rental units for either a special needs housing, as defined in Section 51312 of the Health and Safety Code, or a supportive housing, as defined in Section 50675.14 of the Health and Safety Code, exclusive of a manager's unit or units, with an affordable housing cost to lower income families; the development has either paratransit service or unobstructed access; and the development is located within one-half mile of a fixed bus route service stop that operates at least eight times per day, then upon the request of the developer the city shall not impose a vehicular parking ratio. (Cal Gov't Code. Section 65915(p)(4))

(G) If the total number of parking spaces required for the qualified housing development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this section, on-site parking may be provided through tandem parking or uncovered parking, but not through on-street parking. (Cal. Gov't Code, Section 65915(p)(45))

(H) Except as otherwise provided in this section, all other provisions of Chapter 16, Article X (Off-Street Parking Requirements) applicable to residential development apply.

(I) An applicant may request additional parking incentives beyond those provided in this section if applied for pursuant to Section 16-410.12. (Cal. Gov't Code, Section 65915(p)(56))

(J) If the city or an independent consultant has conducted an area-wide or jurisdiction-wide parking study in the last seven years, then the city may impose a higher vehicular parking ratio not to exceed the ratio described in Section 16410.16(B) above, based on substantial evidence found in the parking study that includes, but is not limited to, an analysis of parking availability, differing levels of transit access, walkability access to transit services, the potential for shared parking, the effect of parking requirements on the cost of market-rate and subsidized developments, and the lower rates of car ownership for low- and very low-income individuals, including seniors and special needs individuals. The city shall pay the costs of any new study. The city shall make findings, based on a parking study completed in conformity with this subsection (J), supporting the need for the higher parking ratio. (Cal. Gov't Code, Section 65915(p)(7))

(Ord. No. 2912, 3035)

(A) Project design and phasing - Projects seeking an affordable housing benefit pursuant to this Division 7A must comply with the following requirements, unless otherwise specified in writing by the director:

(1) Location/dispersal of units - Affordable units shall be proportionately dispersed throughout the development by bedroom size.

(2) Phasing - If a project is to be developed in phases, each phase must contain the same or substantially similar proportion of affordable units and market-rate units. Alternatively, more affordable units may be provided during the initial phase(s).

(3) Design - All affordable units shall be designed and constructed to be architecturally consistent and similar in size, shape, quality and appearance (including all interior and exterior finishes) to the units not reserved to be affordable.

(B) Application requirements - An application for one or more affordable housing benefits must be submitted as follows:

(1) Each affordable housing benefit requested must be specifically stated in writing on the application form provided by the city.

(2) The application must include the information and documents necessary to establish that the requirements of this Division 7A are satisfied for each affordable housing benefit requested, including:

(a) For density bonus requests, that the requirements of Section 16-410.3 are met;

(b) For incentive requests, that the requirements of Section 16-410.12 are met;

(c) For development standard waiver or modification requests, that the requirements of Section 16-410.15 are met; and/or

(d) For parking standard modification requests, that the requirements of Section 16-410.3 are met.

(3) The application must be submitted concurrently with a complete application for a qualified housing development.

(4) The application must include a site plan that complies with and includes the following:

(a) For special needs, supportive housing, or senior citizen housing development projects - the number and location of proposed total units and density bonus units.

(b) For all qualified housing development projects other than special needs, supportive housing or senior citizen housing development projects - the number and location of proposed total units, affordable units, and density bonus units. The density bonus units shall be permitted in geographic areas of the qualified housing development other than the areas where the affordable units are located. (Cal. Gov. Code, Section 65915(i))

(c) The location, design, and phasing criteria required by Section 16-410.17(A), including any proposed development standard(s) modifications or waivers pursuant to Section 16-410.15.

(5) The application for a qualified housing development must state the level of affordability of the affordable units and include a proposal for compliance with Section 16-410.19 for ensuring affordability.

(6) If a density bonus is requested for a qualified land donation pursuant to Section 16-410.11, the application must show the location of the qualified land in addition to including sufficient information to establish that each requirement in Section 16-410.11 has been met.

(7) If an additional density bonus or incentive is requested for a childcare facility pursuant to Section 16-410.9 and/or Section 16-410.13(D), the application shall show the location and square footage of the childcare facility in addition to including sufficient information to establish that each requirement in Section 16-410.9 and/or Section 16410.13(D) has been met.

(C) An application for an affordable housing benefit under this Division 7A will not be processed until all of the provisions of this section are complied with as determined by the director and shall be processed concurrently with the application for the qualified housing development project for which the affordable housing benefit is sought. Prior to

the submittal of an application for a qualified housing development, an applicant may submit to the director a preliminary proposal for affordable housing benefits.

(Ord. No. 2912, 3035)

The approval authority on the underlying qualified housing development application is authorized to approve or deny an application for an affordable housing benefit in accordance with this Division 7A.

(A) Affordable housing benefit determinations - An application for an affordable housing benefit shall be granted if the requirements of this Division 7A are satisfied unless:

(1) The application is for an incentive for which a finding is made in accordance with Section 16-410.14; or

(2) The underlying application for the qualified housing development is not approved independent of and without consideration of the application for the affordable housing benefit; or

(3) The housing development is proposed on any property that includes a parcel or parcels on which rental dwelling units are or, if the dwelling units have been vacated or demolished in the five-year period preceding the application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; or occupied by lower or very low income households, unless the proposed housing development replaces those units, and either of the following applies:

(a) The proposed housing development, inclusive of the units replaced pursuant to this subsection (A)(3), contains affordable units at the percentages set forth under State law; or

(b) Each unit in the development, exclusive of a manager's unit or units, is affordable to, and occupied by, either a lower or very low income household.

(4) For proposed projects within the coastal zone, the proposed project cannot feasibly be accommodated on the site in a manner that is in conformity with the California Coastal Act.

(B) Affordable housing benefit compliance provisions - To ensure compliance with this Division 7A and State law, approval of an application for an affordable housing benefit may be subject to, without limitation:

(1) The imposition of conditions of approval to the qualified housing development, including imposition of fees necessary to monitor and enforce the provisions of this Division 7A;

(2) An affordable housing agreement and, if applicable, an equity sharing agreement pursuant to Section 16-

410.19, including the imposition of reasonable fees to prepare the agreements; and

(3) Recorded deed restriction implementing conditions of approval and/or contractual or legally mandated provisions.

(C) Appeals - If the determination of the underlying application for the qualified housing development is appealed along with the decision of the affordable housing benefit, then the entire project shall be controlled by the appeal procedures applicable to the underlying application.

(Ord. No. 2912, 3002, 3035)

(A) General requirements - The developer will be required to enter into an affordable housing agreement with the city and, if applicable, the developer must also require that all initial buyers of the affordable units offered for sale execute an equity sharing agreement with the city or its designee pursuant to and in compliance with this section. (Cal. Gov't Code, Section 65915(c)). The density bonus affordable housing agreement may be combined with the affordable housing agreement and other documents required by Divisions 7B and 7C. The agreements shall be in the form provided by the city which shall contain terms and conditions mandated by, or necessary to implement, State law and

this article. The Housing Director may designate a qualified administrator or entity to administer the provisions of this section on behalf of the city. The affordable housing agreement shall be recorded in the office of the Ventura County Recorder prior to, or concurrently with, final map recordation or, where the qualified housing development does not include a map, prior to issuance of a building permit for any structure on the site. The Housing Director is hereby authorized to enter into the agreements authorized by this section on behalf of the city upon approval of the agreements by the City Attorney for legal form and sufficiency.

(B) Minimum affordable housing component.

(1) (a) Rental units - Rents for lower income affordable units that qualified the housing development for the density bonus pursuant to Section 16-410.3 shall remain affordable for at least 55 years, or a longer period if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program, as follows (Cal. Gov't Code, Section 65915(c)(1)).

(b) The affordable housing developer of a qualified housing development based upon the inclusion of affordable units for rent must enter into an affordable housing agreement with the city to maintain the continued affordability of the affordable units. The agreement shall establish specific compliance standards and specific remedies available to the city if such compliance standards are not met. The agreement shall, among other things, specify the number of lower-income affordable units by number of bedrooms; standards for qualifying household incomes or other qualifying criteria based upon the specific development; standards for maximum affordable rents; the person responsible for certifying tenant incomes; procedures by which vacancies will be filled; required annual report and monitoring fees; restrictions imposed on lower-income affordable units on sale or transfer; and methods of enforcing such restrictions.

r qualifying household incomes or other qualifying criteria based upon the specific development; standards for maximum affordable rents; the person responsible for certifying tenant incomes; procedures by which vacancies will be filled; required annual report and monitoring fees; restrictions imposed on lower-income affordable units on sale or transfer; and methods of enforcing such restrictions.

(2) For-sale units - Owner-occupied moderate and lower income affordable units that qualified the housing development for the density bonus pursuant to Section 16-410.3 shall be available at an affordable housing cost (Cal. Gov't Code, Section 65915(c)(1)). For-sale very low, low and moderate units shall not have a term of affordability and shall be subject to an equity sharing agreement that meets the requirements of Cal. Gov't Code, Section 65915(c)(2) unless the equity sharing agreement is in conflict with the requirements of another public funding source or law (Cal. Gov't Code, Section 65915(c)(2)). If a resale restriction agreement or other affordability agreement is required for the development by another public funding source or law, the minimum term of the affordability restriction shall be 45 years or the minimum term required by the applicable public funding source or law, whichever is longer.

(a) The affordable housing developer of a for-sale development must enter into an agreement with the city ensuring that:

1. The initial buyers of the affordable units required under this division are lower or moderate income households, as required.

2. The units are offered at an affordable housing cost as defined in Section 16-410.2. (Cal. Gov't Code, Section 65915(c)(2))

(b) The initial eligible buyer of an affordable unit offered for sale shall enter into an equity sharing agreement with the city (Cal. Gov't Code, Section 65915(c)(2)). The equity share agreement shall be recorded as a lien against the purchased property, securing and stating the city's equity share in the property. The city shall enforce the equity sharing agreement unless it is in conflict with the requirements of another public funding source or law. (Cal. Gov't Code, Section 65915(c)(2)) The equity sharing agreement shall include at a minimum the following provisions:

1. Upon resale, the seller of the unit shall retain the value of improvements, the down payment, and the seller's proportionate share of appreciation. Any improvements must be constructed with a building permit. The city shall recapture any initial subsidy, as defined in division (B)(2)(b)2. below, and its proportionate share of appreciation, as defined in division (B)(2)(b)2. below, which amount shall be used within five years for any of the purposes

described in Cal. Health and Safety Code, Section 33334.2(e) that promotes home ownership (Cal. Gov't Code, Section 65915(c)(2)(A));

2. For purposes of this subdivision, the city's initial subsidy shall be equal to the fair market value of the unit at the time of initial sale minus the initial sale price to the moderate income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value (Cal. Gov't Code, Section 65915(c)(2)(B));

3. The city's proportionate share of appreciation shall be equal to the ratio of the city's initial subsidy to the fair market value of the unit at the time of initial sale. (Cal. Gov't Code, Section 65915(c)(2)(C))

(C) Minimum affordable housing component and childcare facility - If an additional density bonus or incentive is granted because a childcare facility is included in the qualified housing development, the affordable housing agreement shall also include the affordable housing developer's obligations pursuant to Section 16-410.9(A)(3) for maintaining a childcare facility, if not otherwise addressed through conditions of approval. (Ord. No. 2912, 3035)

(A) The city will grant either a density bonus or provide other incentives of equivalent financial value to a condominium conversion project that agrees to pay the reasonably necessary administrative costs incurred by the city pursuant to this section if either:

(1) Thirty-three percent of the total units of the proposed condominium project is affordable to persons and families of moderate income households; or

(2) Fifteen percent of the total units of the proposed condominium project will be affordable to persons and families of lower income households (Cal. Gov't Code, Section 65915.5(a)).

(B) Definition of density bonus for condominium conversion projects - If the requirements of Section 16410.20(A) are met, then the condominium conversion project will be entitled to an increase in units of 25% over the number of apartments, to be provided within the existing structure or structures proposed for conversion from apartments to condominiums. (Cal. Gov't Code, Section 65915.5(b))

(C) Pre-submittal preliminary proposals for density bonus or incentive for condominium conversion projects - Prior to the submittal of a formal request for subdivision map approval or other application for necessary discretionary approvals, an applicant to convert apartments to a condominium project may submit to the director a preliminary proposal for density bonus or other incentives of equivalent financial value. The director shall, within 90 days of receipt of a written proposal, notify the applicant of the director's preliminary response and schedule a meeting with the applicant to discuss the proposal and the director's preliminary response. (Cal. Gov't Code, Section 65915.5(d))

(D) Application for density bonus or incentives for condominium conversion projects - An applicant must submit a completed application provided by the city for a density bonus or for other incentives of equivalent financial value. The application must be submitted concurrently with the application for the condominium conversion project. The application must include the following:

(1) All information and documentation necessary to establish that the requirements of Section 16-410.20(A) are met;

(2) The proposal for a density bonus or the proposal for other incentives of equivalent financial value;

(3) Site plans demonstrating the location of the units to be converted, the affordable units, the market-rate units, and the density bonus units in the condominium conversion project; and

(4) Any other information and documentation requested by the city to determine if the requirements of Section 16-410.20(A) are met.

(E) Both the application for a density bonus or other incentives of equivalent financial value and the application for the condominium conversion must be complete before the application for a density bonus or other incentives of equivalent financial value will be considered.

• (F) Granting density bonus or incentive for condominium conversion projects -

• (1) Approval -

(a) If the requirements of Section 16-410.20(A) are met, the decision-making body for the condominium

conversion project application is authorized to grant an application for a density bonus or other incentives of equivalent financial value, subject to Section 16-410.20(F)(2).

(b) Reasonable conditions may be placed on the granting of a density bonus or other incentives of equivalent financial value that are found appropriate, including, but not limited to, entering into an affordable housing agreement pursuant to Section 16-410.19 which ensures continued affordability of units to subsequent purchasers who are persons and families of moderate income households or low income households. (Cal. Gov't Code, Section 65915.5(a))

(2) Ineligibility - An applicant shall be ineligible for a density bonus or other incentives of equivalent financial value if the apartments proposed for conversion constitute a qualified housing development for which a density bonus as defined in Section 16-410.2 or other incentives were provided. (Cal. Gov't Code, Section 65915.5(f))

(3) Decision on condominium conversion project - Nothing in this section shall be construed to require the city to approve a proposal to convert apartments to condominiums. (Cal. Gov't Code, Section 65915.5(e)) (Ord. No. 2912, 3035)

(A) Occupancy - Prior to occupancy of an affordable unit, the household's eligibility for occupancy of the affordable unit must be demonstrated to the city. This provision applies throughout the restricted time periods pursuant to Section 16-410.19 and applies to any change in ownership or tenancy, including subletting, of the affordable unit.

(B) Ongoing compliance - Upon request, the affordable housing developer must show that the affordable units are continually in compliance with this Division 7A and the terms of the affordable housing agreement. Upon 30-day notice, the city may perform an audit to determine compliance with this Division 7A and the terms of any agreement or restriction.

(C) Enforcement - The city has the authority to enforce the provisions of this Division 7A, the terms of affordable housing agreements and equity sharing agreements, deed restrictions, covenants, resale restrictions, promissory notes, deed of trust, conditions of approval, permit conditions, and any other requirements placed on the affordable units or the approval of the qualified housing development. In addition to the enforcement powers granted in this Division 7A, the city may, at its discretion, take any other enforcement action permitted by law, including those authorized by city ordinances. Such enforcement actions may include, but are not limited to, a civil action for specific performance of the restrictions and agreement(s), damages for breach of contract, restitution, and injunctive relief. The remedies provided for herein shall be cumulative and not exclusive and shall not preclude the city from seeking any other remedy or relief to which it otherwise would be entitled under law or equity. (Ord. No. 2912, 3035)

When an applicant seeks a density bonus for a development or for donation of land, the applicant bears the burden of establishing that the housing development meets the threshold requirements. (Ord. No. 2912, 3035)