Port Hueneme Municipal Code § 10802 Reserved

The purpose of this Chapter is to promote the maintenance, improvement and expansion of housing affordable to persons of low and moderate income in furtherance of State law and Housing Element policies of the Port Hueneme General Plan.

(Ord. 626 § 3 (part), 1999)

(Ord. No. 711, § 12, 11-5-12)

For the purpose of this Chapter, the following terms shall be defined as follows:

"Affordable Housing Agreement" means a legally binding, written agreement between the City and a developer, in form satisfactory to the City Attorney, ensuring the compliance of the requirements of this article.

"Affordable housing costs" shall be defined as in Health and Safety Code Section 50052.5, or any successor statute or regulation.

"Affordable units" mean the units reserved for lower, low or moderate income households or senior households in order for the project to be eligible for the density bonus and incentives.

"Childcare facility" means a facility other than a small or large family day care home, including but not limited to, infant centers.

"Common interest development" means any of the following as defined in Civil Code Section 1351 such as but not limited to: condominiums, planned developments, and stock cooperative.

"Density bonus" means a density increase in the amount specified in California Government Code, Section 65915(b)(1) and any other applicable Federal and State laws that is over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the General Plan as of the date of application to the City. The density bonus shall not be included when determining the number of housing units equal to the percentage of the total specified in the statute. The applicant may elect to accept a lesser percentage of density bonus than required by the statute.

"Density bonus units" mean the residential units granted pursuant to the provisions of this article, which exceed the maximum residential density for the development site.

"Developer" means the project applicant for a development or coastal development, as such terms are defined elsewhere in this section.

"Development" and "coastal development" shall have the meaning assigned to these terms in Section 10356(B)(4) and (B)(5), in Article X of this code.

"Director" means the Community Development Director of the City of Port Hueneme or his/her designee.

"Feasible" shall have the meaning assigned to this term in Section 65590(g)(3) of the California Government Code; that is, capable of being accomplished in a successful manner within a reasonable period of time taking into account economic, environmental and technical factors.

"Low income households" mean households whose income does not exceed the lower income limits applicable to Ventura County, as published and periodically updated by the California Department of Housing and Community Development pursuant to Section 50079.5 of the California Health and Safety Code.

"Low income units" mean housing units restricted to occupancy by low income households at affordable housing cost.

"Lower income households" mean the inclusion of both low income and very low income households.

"Moderate income households" mean households whose income does not exceed the moderate income limits applicable to Ventura County, as published and periodically updated by the California Department of Housing and Community Development pursuant to Section 50079.5 of the California Health and Safety Code or any successor statute or regulation.

"Moderate income units" mean housing units restricted to occupancy by moderate income households at affordable housing cost.

"Primary housing unit" means the main residential structure containing one dwelling unit located on a single-family lot.

"Qualifying household," for the purpose of Section 10803, means persons and families whose total income qualifies as being very low income or low income, and senior citizens, as defined in Section 51.2 of the California Civil Code. "Qualifying household," for the purpose of Section 10804, means persons and families whose total income qualifies as being low or moderate income as defined in Section 50093 of the California Health and Safety Code.

"Secondary housing unit" means a second attached dwelling unit which provides complete, independent living facilities for up to two (2) persons on a lot zoned R-1 (Single Family), and shall include permanent provisions for living encompassing sleeping quarters, a bathroom and a kitchen constructed within or added onto an existing primary residence. A second unit is subordinate to and smaller than the primary residence.

"Senior housing" means a residential development that has been "designed to meet the physical and social needs of senior citizens", and which otherwise qualifies as "housing for older persons", as that phrase is used in the Federal Fair Housing Amendments Act of 1988 and its implementing regulations, and as that phrase is used in California Civil Code Section 51.3 and the California Fair Employment and Housing Act.

"Ventura County Area Median Income (AMI)" means the annual median income for Ventura County, adjusted for household size, as published in the California Code of Regulations, Title 25, Section 6932, or its successor provision.

"Very low income households" mean households whose income does not exceed the very low income limits applicable to Ventura County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50105 of the California Health and Safety Code.

"Very low income units" mean housing units restricted to occupancy by very low income households at affordable housing cost.

(Ord. 626 § 3 (part), 1999)

(Ord. No. 711, § 12, 11-5-12)

Editor's note— Ord. No. 821, § 2(Exh. A), adopted Dec. 2, 2024, repealed § 10802, which pertained to accessory dwelling units and derived from Ord. 648 § 2 Exh. A, 2003; Ord. 626 § 3 (part), 1999; Ord. No. 711, § 12, 11-5-2012; Ord. No. 752, § 2 (Exh. A), 3-4-2019; Ord. No. 778, § 2 (Exh. A), 5-3-2021; Ord. No. 791, § 2 (Exh. A), 1-17-2023; and Ord. No. 798, § 2(Exh. A), 6-3-2024.

A. Purpose. The purpose of this section is to implement the incentive programs provided in the State density bonus regulations (California Government Code Sections 65915 through 65918) in order to provide additional opportunities for the development of affordable housing within the City of Port Hueneme. The intent of the following regulations is to ensure that, to the maximum extent feasible, the provisions of Government Code Sections 65915 through 65918 are implemented (1) in a manner that is consistent with the policies of the Port Hueneme General Plan, and (2) in the Coastal Zone, in a manner that is consistent with the certified Local Coastal Program land use policies and zoning ordinance provisions.

B. Applicability. This section applies to housing developments eligible for a density bonus and other regulatory incentives when the applicant seeks and agrees to provide very-low, low or moderate income housing units, or units intended to serve seniors, transitional foster youth, disabled veterans, homeless persons, and lower income students in the threshold amounts specified in Government Code Sections 65915 through 65918. All such projects shall be subject to development review requirements of Chapter 3 of this Article, including the Coastal Development Permit requirements.

C. Protection of Coastal Resources. Within the Coastal Zone, any housing development approved pursuant to Government Code Section 65915 (as modified to include a density bonus, incentives, or concessions) shall be consistent with all applicable certified Local Coastal Program policies and development standards. Further, the City shall grant the incentive or concession to accommodate the density increase in compliance with this section unless the requested incentive or concession will have an adverse effect on coastal resources. If, however, the City determines that the requested incentive or concession will have an adverse effect on coastal resources, before approving a density increase, the City shall identify all feasible alternative incentives and concessions and their effects on coastal resources. The City shall grant one or more of those alternatives that avoids adverse impacts to coastal resources to the extent feasible.

D. Determination of Density Bonus. Qualified projects that meet the eligibility requirements set forth in this section shall be granted a density bonus as outlined below.

1. In all density calculations, fractional units shall be rounded to the next whole number.

2. The density bonus shall not be included when determining the percentage of affordable units required to qualify a housing development for a density bonus pursuant to Government Code Sections 65915 through 65918.

3. The developer can request a lesser density bonus than the project is entitled to, or no density bonus, but no reduction will be permitted in the percentages of required affordable units contained in Government Code Section 65915, subdivisions (b), (c), and (f). Regardless of the number of affordable units, no residential development project shall be entitled to a density bonus of more than what is authorized under Government Code Sections 65915 through 65918.

4. If a residential development qualifies for a density bonus under more than one (1) income category, or additionally, as a senior citizen housing development as defined herein, or as housing intended to serve transitional foster youth, disabled veterans, homeless persons, or lower income students, the applicant shall identify the categories under which the density bonus would be associated and granted. Density bonuses from more than one (1) category can be combined up to the maximum allowed under Government Code Section 65915, as it may be modified from time to time.

5. The granting of a density bonus and its subsequent incentive(s) shall not be interpreted, in and of itself, to require a general plan amendment, zone change, or other discretionary approval.

6. Condominium Conversion. If a density bonus or incentive is requested for a condominium conversion, reasonable documentation that all of the requirements included in Government Code Section 65915.5 can be met must be provided.

7. Commercial Development Bonus. If a commercial development bonus is requested, the application shall include the proposed partnered housing agreement and the proposed commercial development bonus, as defined in herein and reasonable documentation that each of the standards included in subsection (e)(4) has been met.

Table 1 - Density Bonus*

* The density bonus shall be consistent with California Government Code Section 69515, as it may be amended from time to time, although that may change the information provided in this table.

Table 2 - Example Calculation of a Density Bonus

In addition to the density bonus provisions noted in Table 1, above, Government Code Section 65915(v)(2) requires that an additional density bonus shall be granted as follows for a housing development that includes additional rental or for-sale units affordable to vey low income, or moderate income households above and beyond those to be provided in accordance with the provisions of Table 1, above.

Table 3 - Additional Density Bonus

E. Specific Requirements.

1. Senior Citizen Housing Requirements.

a. Senior citizen housing development projects, which shall include a shared housing building development and a residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code, shall have a minimum of thirty-five (35) units and shall meet the requirements described in Sections 51.3 and 51.12 of the California Civil Code or any successor statute or regulation.

b. Mobile home parks shall limit residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code, or any successor statute or regulation.

2. Land Donation Requirements. An applicant for a tentative map, parcel map or any other discretionary approval required to construct a residential development in the City shall receive a fifteen (15) percent density bonus for the residential development when the applicant donates land to the City as provided in this section. This fifteen (15) percent bonus shall be in addition to any other density bonus provided for in this section, up to a total combined density bonus of thirty-five (35) percent. Applicants are eligible for the fifteen (15) percent land donation density bonus if all of the following conditions are met:

a. The developer shall donate and transfer land to the City prior to approval of the final map or other discretionary approval required for the residential development.

b. The transferred land shall have the appropriate acreage and General Plan and zoning designation to permit development of affordable housing for very low income households.

c. The transferred land shall be at least one (1) acre or of sufficient size to permit development of at least forty (40) residential units.

d. The transferred land shall be served by adequate public facilities and infrastructure.

e. The transferred land and the very low income units constructed shall have a deed restriction recorded with the County Recorder, to ensure continued affordability of the units. The deed restriction shall be recorded on the property at the time of dedication.

f. The transferred land shall be conveyed in fee simple to the City or to a housing developer approved by the City.

g. The transferred land shall be within the boundary of the proposed residential development, or no more than approximately one-quarter (¼) mile from the boundary of the qualified project, if the City so approves.

h. No later than the date of approval of the final map or other discretionary approval required for the residential development the transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land.

3. Child Care Facility Requirements.

a. The City shall grant either of the following to a density bonus project that includes a child care facility located on the premises of, or adjacent to, the project:

1. An additional density bonus in an amount equivalent to the square footage of the childcare facility; or

2. An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility.

b. In order to receive the additional child care density bonus, the project shall comply with the following requirements:

1. The child care facility shall remain in operation for a period of time that is as long as, or longer than, the period of time during which the density bonus units are required to remain affordable.

2. Of the children who attend the child care facility, the percentage of children of very low income, low income, or moderate income households shall be equal to, or greater than, the percentage of affordable units.

c. Notwithstanding any requirement of this section, the City shall not be required to provide a density bonus or concession for a child care facility if it finds, based upon substantial evidence, that the community already has adequate child care facilities.

d. Child care density bonus means a floor area ratio bonus over the otherwise maximum allowable floor area permitted under the applicable zoning ordinance and land use elements of the General Plan of the following amounts pursuant to Government Code Section 65917.5: A maximum of five (5) square feet of floor area for each one (1) square-foot of floor area contained in the child care facility for existing structures; or a maximum of ten (10) square feet of floor area for each one (1) square-foot of floor area contained in the child care facility for new structures.

4. Commercial Density Bonus Requirements.

a. When an applicant proposes to construct a commercial development and has entered into a partnered housing agreement approved by the City, the City shall grant a commercial development bonus as set forth in Government Code Section 65915.7(b), as amended from time to time, that is mutually agreed upon by the developer and the City. The commercial development bonus shall not include a reduction or waiver of fees imposed on the commercial development to provide for affordable housing.

b. The requirements for commercial development bonus are as follows, which also be described in the partnered housing agreement:

1. The housing development shall be located either: (a) on the site of the commercial development; or (b) on a site within the City that is within one-half (½) mile of a major transit stop and is located in close proximity to public amenities, including schools and employment centers.

2. At least thirty (30) percent of the total units in the housing development shall be made available at affordable ownership cost or affordable rent for low-income households, or at least fifteen (15) percent of the total units in the housing development shall be made available at affordable ownership cost or affordable rent for very low income households.

3. The commercial developer must agree either to directly build the affordable units; donate a site consistent with subparagraph (4)(b)(1) above for the affordable units; or make a cash payment to the housing developer for the affordable units.

c. Any approved partnered housing agreement shall be described in the City's housing element annual report as required by California Government Code Section 65915.7, subdivision (k).

F. Standards. A density bonus shall only be granted in conjunction with a Development or Administrative Permit and shall only be granted if all of the following conditions are met:

1. The housing costs of units made available to qualifying households must not exceed the limits of affordability established pursuant to Sections 50052.5 and 50053 of the California Health and Safety Code. Determinations of affordability for housing made available for sale or rent to qualifying households shall be governed by the regulations set forth in Title 25, Section 6910 et seq., of the California Code of Regulations.

2. The housing costs of units made available to qualifying households must not exceed the limits of affordability established pursuant to Section 50052.5 of the California Health and Safety Code. Determinations of affordability for housing made available for sale or rent to qualifying households shall be governed by the regulations set forth in Title 25, Section 6910 et seq., of the California Code of Regulations.

3. Housing units made available with rents for the lower income density bonus units shall be set at an affordable rent, as defined in Section 50053 of the Health and Safety Code. The housing units must remain available to such households at affordable rates, for a minimum of fifty-five (55) years, or such longer period of time specified in loan agreements or subsidy programs associated with the development project. Deed restrictions, in form and content acceptable to the City to ensure unit affordability, must be recorded on the property prior to project commencement to assure compliance with the affordability requirements of this section.

4. The developer shall verify income data for each qualifying household for the purpose of establishing eligibility and affordable housing costs. The criteria and methods used in verifying income shall conform to the standards prescribed for the Housing Choice Voucher Rental Assistance Program and administered by the Port Hueneme Housing Authority. In determining eligibility, the income schedule (then in effect) adopted pursuant to Title 25, Section 6932 of the California Code of Regulations, shall be used at the time each unit is initially occupied by a qualifying household.

5. Housing units which are made available to qualifying households shall be constructed so as to resemble and be compatible with all other units in the same development. Affordable units shall be constructed concurrently with the market-rate units and be dispersed throughout the project, unless both the City Council and developer agree to an alternative construction schedule and distribution pattern.

G. Incentives or Concessions. An incentive or concession is defined as the number of incentives or concessions that may be requested, which shall be based upon the number the applicant is entitled to, pursuant to Government Code Sections 65915 through 65918.

Table 4 - Incentives or Concessions Based on Percentage of Affordable Units

* Projects located within one-half (½) mile of a major transit stop, shall also receive a height increase of up to three (3) additional stories, or thirty-three (33) feet.

1. The City Council may approve the requested incentives or concessions for a proposed project if the applicant provides a written financial statement detailing that the incentive(s) is necessary to make the housing units economically feasible and will sufficiently reduce the cost of the housing development. The City Council may deny one (1) or more of the requested incentives if, based on substantial evidence, it makes either one (1) of the following written findings:

a. The incentive is not required to ensure housing costs meet the affordability standards, as defined in Health and Safety Code Section 50052.5, or any successor statute or regulation, or to ensure rents in the affordable units meet the requirements of this Article.

b. The incentive would have a specific adverse impact, as defined in Government Code Section 65589.5(d)(2), upon:

1. Public health and safety; or

2. Physical environment; or

3. Any real property that is listed in the California Register of Historical Resources; or

4. Resource protection policies of the Local Coastal Program; and

5. 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.

2. Menu of Incentives or Concessions.

a. Relaxation or other modification of zoning standards regulating such items as setbacks height limitations, distances between buildings, required parking, parking development standards, projections into yards, and the like. No separate variance application will be required for any modification of standards. However, the approved plans and application shall identify the zoning standards modifications which have been incorporated into the project.

b. Modification of architectural regulations ordinarily applied to a residential development project.

c. Shared participation in public improvements, environmental documentation and impact mitigation, and similar costs associated with project development.

d. Regulatory concessions resulting in identifiable cost reductions including, but not limited to, fee waivers, expedited permit processing and reduction of off-site improvements.

e. Additional density bonus above the bonus incentives as required by Section 65915(b)(1) of the Government Code, as long as the overall bonus received for the project does not exceed one hundred ten (110) percent for SRO or one-bedroom units and fifty (50) percent for two-bedroom and above units.

f. The assignment of Housing Choice Voucher Rental Assistance Program payments, as available, to the applicants for the targeted housing units.

g. Other regulatory incentives or concessions proposed by the developer or the City which result in identifiable project cost reductions.

H. Waiver. In accordance with Government Code Section 65915(e), if any other City development standard would physically prevent the project from being built at the permitted density and with the permitted incentives or concessions, the developer may propose to have those standards waived or reduced. The waiver or reduction of a development standard does not count as an incentive or concession, and there is no limit on the number of development standard waivers that may be requested or granted. This subdivision shall not be interpreted to require a local government to waive or reduce development standards if the waiver or reduction would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. This subdivision shall not be interpreted to require the City to waive or reduce development standards that would have an adverse impact on any real property that is listed in the California Register of Historical Resources, or to grant any waiver or reduction that would be contrary to State or federal law.

I. Application Required.

1. When an applicant seeks a density bonus for a housing development that meets the criteria of Government 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 that includes a minimum affordable housing component.

b. The applicant shall state in the application the specific minimum affordable housing component proposed for the housing development.

c. The applicant shall enter into an agreement with the City to maintain and enforce the affordable housing component of the housing development.

2. Content of Application. The application for a density bonus shall include the following information:

a. A description of the project, including the number of dwelling units, the number of affordable units and level of affordability, and the location of the affordable units.

b. A description of the density bonus and the incentives or concessions requested, if any.

c. For parking standard modification requests, that the requirements of California Government Code Section 65915(p) are met.

d. The location, design and phasing criteria, including any proposed modifications or waivers to the City's development standards.

e. 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 that meets the criteria of Government Code Section 65915(b) at the densities, or with the concessions or incentives permitted by the statute.

f. The proposed method of ensuring the continued affordability of all low and/or very low income rental units, senior units, or child care facilities for at least fifty-five (55) years.

g. Other information reasonably requested by City staff needed to establish eligibility for a requested density bonus, incentives or concessions, or to demonstrate that the incentives meet the definition of identifiable and actual cost reductions to provide for affordable housing costs and rents.

J. Project Review Procedures. All project applications for which a density bonus is being requested shall be subject to the issuance of a Development, Administrative or Ministerial Permit pursuant to Chapter 3 of this Article; provided, further, that the following additional project review procedures shall be imposed:

1. A pre-application shall be made by the project applicant pursuant to Section 10352(B) of this Article. The purpose of the meeting will be to review any preliminary development plans prepared by the developer and to discuss the additional project incentives sought by the developer.

2. In the event the developer requests a waiver or modification of zoning standards pursuant to subsection (E)(2) of this section of this Chapter, the developer shall be required to provide 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 concessions or incentives permitted by Government Code Sections 65915 through 65918, as may be amended from time to time.

3. An application for a density bonus will not be processed until all of the provisions of Section 10803(I) are complied with and shall be processed concurrently with other required entitlements for which the affordable housing benefit is sought.

4. 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. The approval authority's decision shall only be appealable if the density bonus application 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.

K. Interpretation. If any portion of this section conflicts with Government Code Sections 65915 through 65918 or other applicable State law, State law shall supersede this chapter. Any ambiguities in this Chapter shall be interpreted to be consistent with Government Code Sections 65915 through 65918.

(Ord. 626 § 3 (part), 1999)

(Ord. No. 711, § 12, 11-5-12; Ord. No. 799, § 2(Exh. A), 6-3-24; Ord. No. 817, § 2(Exh. A), 11-18-24)

A. Purpose. The purpose of this section is to ensure the existing stock of residential units available to lower-income households in the City is preserved by requiring the replacement of any such units that may be subject to removal to accommodate a new development.

B. Applicability. Pursuant to Government Code Sections 65583.2(g)(3) and 65915(c)(3), the following types of parcels that currently have residential uses, or within the past five (5) years have had residential uses that have been vacated or demolished, or that or were subject to a recorded covenant, ordinance or law that restricts rents to levels affordable to low- and very low-income households, subject to any other form of rent or price control through the City, or occupied by low- or very low-income households:

1. The following parcels with Assessor's Parcel Numbers: 206-0-031-080 and 207-0-212-205, subject to meeting the criteria noted in this section.

2. Such parcels subject to the criteria noted in this section upon which a density bonus or any other incentives or concessions as identified in Government Code Section 65915 is proposed.

C. Conditions. Development applications for the parcels listed in subsection (B) shall:

1. Replacement of all of those units existing, or previously existing on the site with units affordable to the same or lower income level as a condition of any development on the site.

2. Be subject to the definition of "replacement" as set forth in Government Code Section 65915(c)(3)(B).

3. For replacement rental units, shall enter into an Affordable Housing Agreement with the City for a 55-year term.

4. For replacement owner-occupied units, shall be subject to Government Code Section 65915(c)(2).

(Ord. No. 821, § 2(Exh. A), 12-2-24)

Editor's note— Ord. No 821, § 2(Exh. A), adopted Dec. 2, 2024, renumbered the former § 10804 as § 10805 and enacted a new § 10804 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

A. Applicability. The inclusionary housing provisions of this section shall apply to all development involving the construction or conversion of ten (10) or more residential dwellings. All such projects shall be subject to the development review requirements of Chapter 3.

B. Standards. At a minimum twenty-five (25) percent of all newly constructed or converted housing to which this section applies shall be made exclusively available to persons and families whose total income, all members inclusive, qualifies as being low or moderate income. The provision of such housing to qualifying households must not exceed the limits of affordability established pursuant to Sections 50052.5 and 50053 of the California Health and Safety Code.

C. In-Lieu Fees. In lieu of the requirements of subsection (A) of this section, the developer may pay a fee to defray the costs associated with housing assistance programs administered by the City, the various provision of which, in aggregate, will result in the purchase, maintenance, rehabilitation or construction of equivalent number of housing units for qualifying households which would otherwise be required. The amount of such fee shall be established by resolution of the City Council.

D. Project Feasibility. All or part of the requirements of this section may be waived, at the City's sole discretion, in the event that the application of such requirements render a project infeasible. The burden of proving feasibility shall rest with the developer and the determination shall be rendered by the City in conjunction with issuance of a Development or Administrative Permit for the project, as the case may be.

(Ord. 626 § 3 (part), 1999)

(Ord. No. 817, § 2(Exh. A), 11-18-24; Ord. No. 821, § 2(Exh. A), 12-2-24)

Note— Formerly § 10804.