§ 18.26

The purpose of this chapter is to provide incentives, consistent with State law, for the construction of housing units that are affordable to very-low, low-, and moderate-income households. A density bonus is an increase over the otherwise maximum residential density allowable under the zoning ordinance and the general plan. It provides developers an opportunity to increase the number of units within a proposed residential development in exchange for including within the project a specified number of units that are affordable to very low-, low-, or moderate-income persons and families. The density bonus provides a private market incentive to encourage the development of affordable housing in Redding. State law also allows the City to provide incentives other than, or in addition to, an increase in density if requested by an applicant. Accordingly, the purposes of this chapter are to:

A.

Establish procedures for allowing an increase in density above the maximum residential density allowed by the general plan and zoning ordinance.

B.

Provide for flexibility in applying zoning regulations and development standards in order to facilitate the development of affordable housing.

C.

Provide incentives to developers to encourage the inclusion of affordable housing within residential projects.

D.

Implement the goals and policies of the general plan relative to providing housing opportunities and meeting community housing needs.

(Ord. No. 2671, § 4, 11-5-2024)

The density bonus provisions of California Government Code (CGC) Sections 65915-65918 (State Density Bonus Law), as may be amended from time to time, are incorporated by reference into this chapter. In instances where the provisions of State Density Bonus Law are more restrictive than this chapter, the City reserves the right to review applications for a density bonus in accordance with the aforementioned CGC Sections. Pursuant to state law, the granting of a density bonus or the granting of a density bonus together with an incentive(s) (e.g. concessions, waiver or modification of development standards) shall not be interpreted, in and of itself, to require a general plan amendment, specific plan amendment, or rezone.

(Ord. No. 2671, § 4, 11-5-2024)

For the purposes of this chapter, the following words and phrases shall have the following meanings and are in addition to the definitions contained in CGC 65915.

A.

"Affordable Housing Agreement" is defined as a legally binding agreement between a developer and the City to ensure that the density bonus requirements of this chapter are satisfied. The agreement establishes the number and type of affordable units, affordability tenure, and the terms and conditions of affordability.

B.

"Density Bonus" is defined as an increase in density over the otherwise maximum allowable gross residential density under the applicable general plan designation and/or zoning district as of the date of filing of a request for a density bonus with the City. If elected by the applicant, a density bonus also includes requests for a lesser percentage of density increase, including, but not limited to, no increase in density based on a request for approval only of development incentives or waiver/modification of development standards necessary to achieve project affordability for lower income individuals or families.

C.

"Development Standard" is defined as the site, development, or construction standards and/or conditions of approval that apply to a residential development.

D.

"Incentive" is defined as a reduction in any site development standard or a modification of Zoning Code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission. One or more incentives can be requested by the applicant in accordance with Section 18.26.070. The term "incentive" includes the term "concession" as that term is used in California Government Code Section 65915(k)(1).

E.

"Waiver/Modification of Development Standards" is defined as eliminating or modifying a development standard that would have the effect of physically precluding the construction of a development at the density or with the incentive(s) permitted by this chapter.

(Ord. No. 2671, § 4, 11-5-2024)

18.26.040 - Projects eligible for a density bonus.

A developer of a housing development may qualify for a density bonus and/or at least one other incentive as provided by this chapter and CGC Section 65915. Density bonuses may be granted in the following circumstances:

A.

At least five percent of the units are restricted to very low-income households.

B.

At least ten percent of the units are restricted to low-income households.

C.

At least ten percent of the units in a for sale common interest development are restricted to moderateincome households, provided that all units in the development are offered to the public for purchase.

D.

One hundred percent of the housing units (other than the managers' units) are restricted to very low, low, and moderate-income residents (with a maximum of twenty percent moderate units.)

E.

At least ten percent of the housing units are for transitional foster youth, disabled veterans or homeless persons, with rents restricted at the very-low income level.

F.

At least twenty percent of the units are for low income college students at housing dedicated for full-time students at accredited colleges.

G.

The project donates at least one acre of land to the City for very-low income units, and the land has the appropriate general plan designation, zoning, permits and approvals, and access to public facilities needed for such housing.

H.

The project is a senior housing development (no affordable units required.)

I.

The project is a mobile home park age-restricted to senior citizens (no affordable units required.)

(Ord. No. 2671, § 4, 11-5-2024)

Each application for a density bonus and/or approval of incentives for the development of affordable housing units shall be accompanied by the following information, which is in addition to information required by an application for a building permit or discretionary permit required by the Zoning Code (i.e., site development permit, use permit, parcel map, tentative subdivision map). If a project is exempt from a discretionary permit under Government Code Sections 65400 and 65582.1 (Senate Bill No. 35 approved by Governor September 29, 2017), a site development permit issued by the director shall be required solely for the purpose of processing the density bonus request.

A.

A site plan that includes the identification of all units in the project including the location and size of the affordable/bonus units.

B.

A brief narrative describing the project including information on:

1.

The number of units permitted under the general plan and zoning of the property.

2.

The total number of units proposed in the project.

3.

The number of affordable and/or senior units proposed and a breakdown of units proposed for very low-, low-, and moderate-income, senior citizen, and market rate units.

4.

The number of bonus units, if any, requested.

5.

A phasing plan (if applicable) that provides for the timely development of the affordable units proportionate to each proposed phase of development.

6.

Any requested incentive(s), concessions, or waiver/modification of development standards, including an explanation as to why the requested action is required for the development.

7.

If a density bonus is requested for construction of a child-care facility pursuant to Government Code Section 65915(h), the application shall show the location and square footage of the proposed facility and provide evidence that the requirements of that Government Code Section have been met.

C.

The specific financial information and data (i.e., pro forma) relied upon by the developer that establishes the monetary value of the incentives/waivers/modification of development standards requested by the developer and a concise statement of how such value was calculated. A clear statement of how the requested incentive(s) is necessary to make the proposed housing development economically feasible shall be provided. The information shall be sufficiently detailed to enable City staff to examine the conclusions reached by the developer.

1.

Pro Forma Exceptions: Projects that are consistent with any of the items described in "a," "b," and/or "c" below are exempt from the requirement to provide a pro forma unless the director determines that the nature of the proposed development warrants submittal of financial information sufficient to demonstrate that the requested incentives are required for the economic viability of providing affordable units in the project:

a.

Projects with market rate units totaling twenty-five percent or less of proposed total residential units.

b.

Projects that request deviations from a standard that does not exceed twenty-five percent of the following base zoning district requirements in recognition by the City that they may result in actual and financially sufficient cost reductions:

i.

Yard setbacks, except where a skyplane or multistory setback is required.

ii.

Lot coverage.

iii.

Lot area, width, or depth.

iv.

Distance between structures (shall not conflict with the Building Code).

v.

Off-street parking reductions requested by the applicant that comply with the State Density Bonus Law and Section 18.26.070B.6.

c.

Financial participation in the project by the City.

D.

Other pertinent information as the director may require enabling the City to adequately analyze the economic feasibility of the proposed development with respect to the requested incentives. The City may, at its sole discretion, retain a consultant to review the financial information. The cost of the consultant review shall be borne by the applicant.

E.

The applicant notification and processing timelines of CGC Section 65915 shall apply.

(Ord. No. 2671, § 4, 11-5-2024)

Density Bonus Allowance. Allowances shall be in accordance with CGC Section 65915 and any additional allowances provided by this chapter, subject to the City's application and processing requirements contained in Section 18.26.050. A development that satisfies all pertinent provisions of this chapter shall be allowed the following applicable density bonus of CGC Section 65915 by right, subject to the City's application and processing requirements contained in Section 18.26.050. At the City's sole discretion, and consistent with state law, nothing in this section shall be construed to prohibit the City from granting a density bonus greater than afforded by CGC 65915 or from granting a proportionately lower density bonus for developments that do not meet the requirements of this chapter. In calculating the number of units required for very low-, low-, and moderate-income households, the density bonus units shall not be included as illustrated in the following example.

Example: Proposed construction of one hundred unit apartment development. Developer requests a density bonus and agrees to reserve five percent of the units as very low-income units.

100 units x 5 percent very low-income = 5 very low-income units

100 units x 20 percent density bonus = 20 bonus units (of which 5 must be available as very low-income units)

(Ord. No. 2671, § 4, 11-5-2024)

18.26.070 - Incentives and waiver/modification of development standards.

A.

Eligibility for Incentives. Incentives are available to a housing developer as specified in CGC Section 65915. At its sole discretion, the City may grant incentives that exceed CGC Section 65915 requirements, including

providing incentives in cases where bonus units are not being requested in order to facilitate development of affordable housing units.

B.

Available Incentives. Incentives may include, but are not limited to:

1.

A reduction in site development standards, such as:

a.

Reduced minimum lot sizes and/or dimensions.

b.

Reduced minimum building setbacks.

c.

Reduced minimum common outdoor and/or private outdoor living area.

d.

Increased maximum lot coverage.

e.

Increased maximum building height.

f.

Reduced on-site parking requirements.

2.

A density bonus greater than the minimum required by CGC Section 65915.

3.

Other regulatory incentives proposed by the developer or the City that result in identifiable, financially sufficient, and actual cost reductions.

4.

Approval of mixed-use zoning in conjunction with the housing development if: (1) commercial, office, industrial, or other land uses will reduce the cost of the housing development; and (2) the commercial, office, industrial, or other land uses are compatible with the housing development and the existing or planned future development in the area where the proposed project will be located.

C.

Waiver/Modification of Development Standards. Pursuant to Government Code Section 65915(e)(1), an applicant may request a waiver or reduction of a development standard that would otherwise physically preclude the construction of a development at the density or with the incentive(s) permitted by this chapter. Such standards, include, but are not necessarily limited to, those described in Section B (Available Incentives) above.

(Ord. No. 2671, § 4, 11-5-2024)

The following criteria shall apply to housing development projects that have received bonus density units in accordance with this chapter:

A.

Affordable housing units shall be constructed concurrently with or prior to non-restricted units unless the City and applicant agree—within the required Affordable Housing Agreement (refer to Section 18.26.110)— to an alternate schedule of development.

B.

Affordable housing units should be dispersed throughout the project site, whenever reasonably possible.

C.

Affordable housing units should have the same bedroom mix as market rate units in the same development, except that the project sponsor may include a higher number of bedrooms in the affordable dwelling units.

D.

The exterior design and appearance of the affordable dwelling units shall be visually indistinguishable from market rate units in the development in terms of overall design and use of materials.

(Ord. No. 2671, § 4, 11-5-2024)

18.26.090 - Required findings.

The following findings shall be made prior to approving applications for a density bonus and requests for incentives, as provided in this chapter.

A.

Density Bonus Approval (additional units only, no incentives requested).

Finding:

1.

The density bonus request meets the requirements of this chapter.

B.

Density Bonus Approval with Incentive(s) or Waiver/Modification of Development Standards.

Findings:

1.

The density bonus request meets the requirements of this chapter.

2.

The incentive is required in order to provide affordable housing.

3.

Approval of the incentive(s) will have no specific adverse impacts upon health, 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-, and moderate-income households. Specific adverse impact means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

4.

Approval of the incentives is not contrary to state or federal law.

(Ord. No. 2671, § 4, 11-5-2024)

A.

Form and Content of Agreement. The applicant shall submit an Affordable Housing Agreement (AHA) for City review. The form of the AHA will vary, depending on the manner in which the provisions of this chapter are satisfied for a particular development. For example, an affordable housing development may utilize public funding sources that require long-term affordability, monitoring, and reporting consistent with this chapter. In such cases, the requirements of such program may be sufficient, and an AHA may not be required. The form and content of the AHA (or equivalent document) shall be subject to the review and approval of the City Attorney. The AHA shall be recorded as a restriction on the parcel or parcels on which the affordable housing units will be constructed. The approval and recordation of the AHA shall take place prior to any final map being recorded or, where a map is not being processed, prior to issuance of a building permit(s) for such parcel or units. The AHA shall be binding on all future owners and successors in interest. An AHA must include, at a minimum, the following:

B.

Continued Affordability. The AHA shall include the procedures and mechanisms proposed by the developer to maintain the continued affordability of all affordable housing units, whether rental or ownership units. An

applicant shall agree to, and the City shall ensure, continued affordability of all very low-and low-income units that qualified the applicant for the award of the density bonus for fifty-five years, or a longer period of time if required by the construction or mortgage-financing assistance program, mortgage-insurance program, or rental-subsidy program. Rents for very-low and low-income units shall be set at an affordable rent as defined in CGC Section 65015. Owner-occupied units shall be available at an affordable housing cost as defined in CGC Section 65015.

(Ord. No. 2671, § 4, 11-5-2024)

An administrative fee may be established by the city council for City review of all materials submitted in accordance with this chapter and for ongoing enforcement of its provisions.

(Ord. No. 2671, § 4, 11-5-2024)

18.26.120 - Violation of affordable housing cost requirements.

In the event it is determined that rents in excess of those allowed by operation of this chapter have been charged to a tenant residing in an affordable rental unit, the City may take the appropriate legal action to recover, and the rental unit owner shall be obligated to pay to the tenant (or to the City in the event the tenant cannot be located), any excess rent charges. In the event it is determined that a sales price in excess of that allowed by operation of this chapter has been charged to an income-eligible household purchasing an affordable ownership unit, the City may take the appropriate legal action to recover, and the affordable residential unit seller shall be obligated to pay to the purchaser (or to the City in the event the purchaser cannot be located), any sales proceeds determined to be in excess of the affordable price.

(Ord. No. 2671, § 4, 11-5-2024)

Division III. - Base District Regulations Chapter 18.30 - RURAL LANDS DISTRICT