Shafter Zoning Code § 10.80 Development Density

The maximum allowable development density or intensity of development shall be as specified in the General Plan and as specified in the zone district within which the proposed development is to be located. In determining the allowable number of dwelling units on a development parcel, all remainders of 51 percent (51%) or greater shall be rounded to the next higher whole number.

1. Density Bonuses

   • a. Affordable Housing and Qualifying Residents Projects

     • (1) Granting density bonus or other equivalent financial incentive is governed by Government Code Section 65915 when a developer of a residential project agrees to meet at least one of the following requirements:

       • (a) Construct at least 10 percent of the total units for lower income households, as defined in Section 50079.5 of the Health and Safety Code; or

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Lower Income Units: For each percent (1%) increase above 10 percent (10%) in the affordable units for lower income households, the density bonus shall be increased by one and one-half percent (1.5%) up to a maximum of thirty-five (35%), as shown in Table 1:

Table 1: Lower Income Units

• (b) Construct at least 5 percent of the total units for very low income households, as defined in Section 50105 of the Health and Safety Code; or

Very Low Income Units: For each percent (1%) increase above five percent (%5) in affordable units for very low income households, the density bonus shall be increased by two and on-half percent (2.5%) up to a maximum of thirty-five percent (35%), shown in Table 2:

Table 2: Very Lower Income Units

(c) A senior citizen housing development, as defined in Section 51.3 and 51.12 of the Civil Code, or mobile home park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code, the density bonus shall be 20% of the number of senior housing units.

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• (d) Ten percent of the total dwelling units in a common interest development as defined in Section 4100 of the Civil Code for person and families of moderate income as defined in Section 50093 of the Health and Safety Code provided that all units in the development are offered to the public for purchase.

Moderate Income Units: For each percent (1%) increase above ten percent (10%) in affordable units offered for sale to moderate income households, the density bonus shall be increased by one percent (1.0%) up to a maximum of thirty-five percent (35%), as shown in Table 3:

Table 3: Moderate Income Units

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• (e) Rents for the lower income density bonus shall be set at an affordable rent as defined in Section 50053 of the Health and Safety Code.

• (2) A request for density bonus and regulatory concessions or incentives shall apply to projects of five or more residential units, and shall be subject to the following provisions:

(a) Density bonus shall mean up to thirty-five percent (35%) density increase over the maximum allowable base General Plan Land Use density. In calculating the number of units which is equal to the required threshold as identified in Subsection a.(1)(a) through a.(1)(e) of this Section, the density bonus shall not be included in such calculation.

• (b) The policies for achieving a density bonus shall be as follows:

  • 1. The City shall approve the density bonus and regulatory concessions and/or incentives only if the following findings can be made:

a) Affordable Housing.

The proposed project is consistent with the goals, policies and strategies of the General Plan; and

The proponent has demonstrated that the waiving or modifying of development standards is necessary to insure the economic feasibility of the project; and

The target units will be within the income level for those individuals for which the units are proposed to be developed.

b) Qualifying Residents.

The proposed project is consistent with the goals, policies and strategies of the General Plan; and

The proponent has demonstrated that the waiving or modifying of development standards is necessary to insure the economic feasibility of the project; and

A commitment has been submitted in writing by the developer guaranteeing that the facility or development will be used for qualifying residents.

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• (3) The developer shall enter into an Affordable Housing or Qualifying Residents Agreement for any target dwelling unit tor which a bonus density regulatory concessions and/or incentives have been granted as follows:

  • (a) The agreement shall be for fifty-five (55) years or longer, as may be required for any construction or mortgage financing assistance program, mortgage insurance program, rental subsidy program, or other similar programs unless the City makes a written finding that an additional concession or incentive is not required in order to provide for affordable housing costs as defined in Section 50052.5 of the Health and Safety Code or for rents or equivalent housing payment for the targeted units to be set as specified herein, in which case the agreement shall be for ten (10) years.

In the event that the City provides any assistance, the agreement shall meet the provisions of Section 65915 of the Government Code.

• (b) Dwelling units targeted for lower income households, as defined in Section 50079.5 of the Health and Safety code, shall be targeted at a rent or equivalent monthly housing payment not to exceed thirty percent (30%) of the 80 percent (80%) of Kern County median income as defined by H.U.D. or the State.

• (c) Dwelling units targeted for very low income households, as defined in Section 50105 of the Health and Safety Code, shall be targeted at a rent or equivalent monthly housing payment not to exceed thirty percent (30%) of fifty percent (50%) of Kern County median income as defined by H.U.D. or the State.

• (d) The Covenants, Conditions and Restrictions (C.C. & Rs) and the Affordable Housing or Qualifying Residents Agreement shall specify the designated target units which shall be set aside for persons or households of affordable income levels or qualifying residents and shall include a covenant that the developer or his/her successor in interest shall not sell, rent, lease, sublet, assign or otherwise transfer any interest of same which no longer complies with the provisions of the C.C. & Rs and the Affordable Housing Agreement or Qualifying Residents Agreement without the written approval of the City. An annual report shall be submitted by January 31 of each year to the Planning Director confirming that the rent or sales price, or age restrictions for qualifying residents of all

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target units for the previous calendar year is within the income levels or meets the age restrictions as specified herein.

• (4) In addition to any density bonus provided for the project, the City shall provide at least one of the following concessions or incentives or provide other incentives of equivalent financial values based upon the land cost per dwelling unit to the developer unless the City makes a finding satisfying the requirements of Section 10.80 of this Title:

• (a) A reduction in site development standards or a modification of Zoning Code requirements or architectural design requirements which exceed the minimum building standards approved by the State Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required.

  • (b) Approval of mixed use zoning in conjunction with housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the areas where the proposed housing project will be located.

  • (c) Other regulatory incentives or concession proposed by the developer and/or City.

    • In the case of condominium conversions, the City need only grant a density bonus or other incentives of equivalent financial value. The City need not provide a cash transfer payment or other monetary compensation, but may include the reduction or waiver of requirements which the City may apply as conditions of approval.

(5) Qualifying Residents.

Residential occupancy shall be limited to single persons at least 62 years old, or to cohabiting couples of which one person is at least 62 years of age for project less than 150 units. Such age restriction may be reduced to 55 years old for projects greater than 150 units.

This Section shall apply to both independent living and congregate care facilities as described below:

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Independent Living: Facilities designed to accommodate independent lifestyles shall include individual rooms which, at a minimum, consists of a full bathroom, sleeping area, kitchen, and parking garage.

Congregate Care Facilities: Shall provide, at a minimum, a full bathroom, sleeping area, communal kitchen, dining area, and recreational area appropriate for the number of residents.

• (a) Development Design and Facilities.

  • 1. Lighting.

Adequate external lighting shall be provided for security purposes. The lighting shall be directed away from adjacent properties and public right-of-way.

• 2. Laundry Facilities.

  • a) Independent Living. Washer and dryer hookups shall be provided in each dwelling unit or in an attached garage.

  • b) Congregate Care Facilities. On site common laundry facilities including installation of washer and dryers shall be provided and may include shared laundry rooms.

• 3. Common Facilities.

May include one or more of the following facilities located on site for the specific use of the residents of the project, if approved by the Planning Agency.

• a) Beauty salon and barber shop.

• b) Small scale pharmacy.

• c) Private common carrier transportation, maintained and operated by the facility.

• d) Other similar facilities for the sole enjoyment of the residents.

• 4. Minimum Unit Size.

The minimum floor area for each residential unit shall be as follows:

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Notwithstanding the provisions of Table 4.8, Chapter 4 of this Title, regulating minimum dwelling unit size, the units provided shall be no less than 415 square feet in floor area for efficiency units, 540 square feet in floor area for one bedroom, and 640 square feet in floor area for two bedroom, or as otherwise approved by the approving authority.

5)

Open Space Requirements.

a) Private Open Space.

Notwithstanding the provisions of Section 4.30.4.d. of this Title, each dwelling unit shall be provided with a usable private open space in the form of a patio or courtyard with a minimum area of one-hundred (100) square feet and a minimum dimension of ten (10) feet, or a balcony of eighty (80) square feet and a minimum dimension of eight (8) feet.

b) Common Open Space.

Notwithstanding the Provisions of Section 4.30.4.c of this Title, two-hundred twenty-five (225) square feet of usable common open space per unit shall be provided within the boundaries of all projects. Usable open space shall constitute area(s) readily available, practical and generally acceptable for active and/or passive recreational uses. Up to forty percent (40%) of the required common open space may be provided in the form of a common leisure/recreation room.

6) Parking Security

Parking facilities shall be designed to provide security for residents, guests, employees, shall be integrated into the architecture of the facility, and shall comply with the provisions of Chapter 13 of this Title.

7. Transit Facilities.

a) A bus turn out and shelter along the street frontage may be required to be dedicated and constructed where the development occurs along an established or planned bus route.

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• b) In lieu of a bus turn out and shelter, the developer may provide a private, onsite taxi, or equivalent service.

b. Additional Residential Conditions

The City may impose additional standards or conditions specific to the project and/or environmental mitigation measures related to the project.

• c.

Qualifying Non-residential Projects

• (1) Granting of a floor area ratio bonus is governed by Government Code Section 65917.5 when a developer of a commercial or industrial project agrees to meet the following requirements:

  • (a) The commercial or industrial project must consist of at least fifty-thousand (50,000) square feet of floor area.

  • (b) The developer must agree to set aside at least twothousand (2,000) square feet of floor area and threethousand (3,000) outdoor square feet to be used for a child care facility.

• (2) A request for a floor area ratio density bonus shall apply to commercial and industrial projects of fifty-thousand (50,000) square feet or greater, shall require approval of a conditional use permit, and shall be subject to the following provisions.

• (a) Floor area ratio bonus means a floor area ratio bonus over the otherwise maximum allowable density permitted under the applicable zoning and general plan requirements including:

  • 1. A maximum of five (5) square feet of floor area for each one (1) square foot of floor area contained in the child care facilities for existing structures.
  • 2. A maximum of ten (10) square feet of floor area for each one square foot of floor area contained in the child care facilities for new structures.
  • 3. Projects constructed under this section shall conform to height, setback, lot coverage, parking, site plan review, fees, charges and other health, safety and zoning requirements generally applicable to construction in the zone in which the property is located; except as may be modified by this Chapter.

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• (b) The day care facility may be located either on site or off site as agreed upon by the developer and the City, and shall be of a size to comply with all state licensing requirements in order to accommodate a minimum of forty (40) children. A consortium with more than one developer may be used in order to achieve the threshold amount for the available floor area ratio density bonus and with each developer’s bonus density pro rated based on the percentage participation of each developer.

• (c) The developer may either operate the day care facility itself or may contract with a licensed child care provider to operate the facility. In all cases, the developer must coordinate with a local child care resource and referral network in order to qualify for the floor area ratio bonus.

• (d) Once the child care facility has been established, prior to any closure, change in use, or reduction in the size of the facility, the City Council shall find that the need for child care is no longer present, or is not present to the same degree as it was at the time the day care facility was developed.

• d. Additional Non-Residential Conditions

The City may impose additional standards or conditions specific to the project and/or environmental mitigation measures related to the project.