Chapter 20.330 — AFFORDABLE HOUSING - DENSITY BONUSES

This Chapter offers density bonuses and incentives and/or concessions for the development of housing that is affordable to very-low income, lower-income, and moderate-income or senior households. This Chapter is intended to implement the requirements of Government Code Section 65915 et seq. and the Housing Element of the General Plan.

(Ord. 1017, 2013)

The regulations in this Chapter apply to proposed residential development consisting of five or more dwelling units, where allowed by Article 2 (Zones, Allowed Uses, and Zone-Specific Standards). An applicant may request a density bonus and may also request concessions, incentives, reductions, or waivers consistent with the requirements of this Chapter and Government Code Section 65915 et seq.

Other density bonus provisions are in Section 20.210.040 (Residential Zone Density Thresholds and Incentives). (Ord. 1017, 2013)

• A. Eligible projects. The type of development that is eligible for a density bonus, the number of density bonuses, and the number of concessions and/or incentives is identified in Table 3-16 (Summary of StateMandated Density Bonus Requirements).

Notes:

• (1) See Government Code § 65915(f) (Density bonus defined) .

• (2) See 20.330.040 (Concessions and/or Incentives) .

• (3) See Civil Code § 1351 (Common interest development defined) .

• B. Calculations. The applicant may request a lesser density bonus than that which is available to the project; however, the City shall not be required to similarly reduce the number or type of units required to be provided in compliance with Government Code Sections 65915(b) , 65915(c) , and 65915(f) . In calculating the density bonus for a project, each project shall be entitled to only one density bonus as provided in Section 65915(b)(2), and density bonuses from more than one category may not be combined. When calculating the number of required affordable units to qualify a project for a density bonus, the affordable units themselves shall not be included when calculating the number of housing units that make a project eligible for a density bonus. Any calculations resulting in fractional units shall be rounded up to the next larger integer. The density bonuses that are awarded to a density bonus housing development in a commercial zone are provided in the form of an increase in the allowable floor area over the otherwise allowable floor area.

• (Ord. 1017, 2013)

• A. Concessions and/or incentives defined. For purposes of this Section, a concession or incentive shall mean a regulatory concession or incentive as defined in Government Code Section 65915(k) and as permitted by Government Code Section 65915(d) .

• B. Number of concession and/or incentive. Table 3-14 (Summary of State-Mandated Density Bonus Requirements) indicates the number of eligible concessions or incentives for an eligible project.

• C. Type of concession and/or incentive. The following types of concessions and/or incentives are available for an eligible project:

  1. By-right parking incentives. Parking incentives are available for an eligible project by-right and are not included when calculating the number of concessions and incentives that are allowed in Table 3-14 (Summary of State-Mandated Density Bonus Requirements).

     • a. Density bonus developments shall be granted the following maximum parking standards, inclusive of handicapped and guest parking, which shall apply to the entire development, not just the restricted affordable units, when requested by a project applicant:

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

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

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

     • b. If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number.

     • c. For purposes of this Subsection, a development may provide on-site parking through uncovered parking, but not through on-street parking.

  2. Discretionary incentives. A housing developer may request the following specific incentives or may submit a proposal for other incentives or concessions that results in identifiable, financially sufficient, and actual cost reductions:

  • a. Menu of concessions/incentives in residential zones. Eligible housing developments in residential zones may request one or more of the following incentives, as applicable:

    • (1) Up to a 15 percent deviation from one side setback requirement.

    • (2) Up to a 10 percent deviation from parcel coverage requirement.

    • (3) Up to a 15 percent deviation from front or rear setback requirements so long as rear setback is at least five feet.

  • b. Menu of concessions/incentives in commercial zones. Eligible housing developments in commercial zones may request a 10 percent reduction in required private open space area.

• D. Financial incentives. Nothing in this Section requires the City to provide direct financial incentives for the residential development project, including but not limited to financial subsidies, publicly owned land, fee waivers, or waiver of dedication requirements. The City at its sole and absolute discretion may choose to provide direct financial incentives.

• E. Approval. The granting of an incentive and/or concession shall not be interpreted, in and of itself, to require a General Plan amendment, Zoning Map amendment, or other discretionary approval.

• (Ord. 1017, 2013)

• A. Waiver request.

  1. As part of the permit application process described in Section 20.330.060 (Application Filing, Processing, and Approval), an applicant may submit a proposal for the waiver or modification of development and zoning standards that would otherwise inhibit the utilization of a density bonus on a specific site.

  2. For the purposes of this Section, a development standard is as defined in Government Code Section 65915(o)(1) .

  3. The granting of a waiver by the review authority shall be allocated to the entire development and not on a per parcel basis. For example, a side setback reduction could be applied to each and every lot in a development and still count as only one concession or incentive.

• B. Response to waiver request. As required by Government Code Section 65915(e) , the review authority shall not apply a development standard that will have the effect of precluding development at the densities or with the incentives and/or concessions allowed by this Chapter, unless the review authority can make the findings specified in Section 20.330.070 (Findings to Approve Density Bonus, Concessions, Incentives, Waivers, or Reductions).

• C. Effect of request for waiver. A proposal for the waiver or reduction of development standards shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled under this Chapter.

• (Ord. 1017, 2013)

• A. Permit requirement. Except as provided by Government Code 65589.4, a request for a density bonus and other incentives and/or concessions shall be evaluated and decided through Conditional Use Permit approval in compliance with Chapter 20.550 (Use Permits - Minor and Conditional).

• B. Applicable review authority. For the purposes of approving a density bonus request and concessions and/or incentives, the Commission shall make a recommendation to the Council on whether to approve or disapprove the application for a Conditional Use Permit and the Council shall make the final decision as described in Chapter 20.550 (Use Permits - Minor and Conditional).

• C. Contents of application. An application for a density bonus, incentive, concession, waiver, modification, or revised parking standard shall be submitted in conjunction with the first application for the development

project and shall be processed concurrently with all other applications required for the project. The cost of reviewing any required data submitted as part of the application in support of a request for a concession or incentive, including but not limited to the cost to the City of hiring a consultant to review the data, shall be borne by the applicant. The application shall be submitted on a form provided by the City and shall include, at a minimum, the following information:

1. A site plan showing the total number of units, the number and location of the affordable or senior units qualifying the project for a density bonus, and the number and location of the proposed density bonus units;

2. The level of affordability of any proposed affordable units and their conformance with Government Code Section 65915(c) ;

3. A description of any requested incentives, concessions, waivers, or reductions of development standards, or modified parking standards. An application for an incentive or concession shall also include a pro-forma demonstrating to the City that the requested concession or incentive results in an identifiable, financially sufficient, and actual cost reduction. Where the applicant is requesting the reduction or waiver of a development standard, the applicant shall submit evidence demonstrating that the application of the development standard would physically preclude construction of the project at the densities or with the concessions or incentives to which the project is entitled under this Chapter.

4. If a density bonus is requested for a land donation in compliance with Government Code Section 65915(g) , the application shall show the location of the land to be dedicated and shall provide evidence that the requirements of Section 65915(g) have been met.

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

• D. Density bonus agreement. The project developer and the City shall enter into a density bonus agreement with the City in the City's standard form of agreement. The agreement shall include provisions to maintain the availability of for-sale and rental affordable housing units and shall be in recordable form and shall be binding on all future owners, developers, and/or successors-in-interest.

• (Ord. 1017, 2013)

• A. Findings for Conditional Use Permit approval. In addition to the findings required by Section 20.550.060 (Findings and Decision) for the approval of a Conditional Use Permit, the review authority shall make the following findings, as applicable, before approving a request for a density bonus, incentive, concession, parking reduction, or waiver:

  1. The residential development project is eligible for a density bonus and for any concessions, incentives, waivers, or parking reductions requested; conforms to standards for affordability in Government Code Section 65915(c) ; and includes a financing mechanism for implementation and monitoring costs;

  2. Any requested incentive or concession will result in identifiable, financially sufficient, and actual cost reductions based upon appropriate financial analysis and documentation required by this Chapter;

  3. If the density bonus is based all or in part on dedication of land, all of the requirements in Government Code Section 65915(g) have been met;

  4. If the density bonus, incentive, or concession is based all or in part on the inclusion of a child care facility, all of the requirements in Government Code Section 65915(h) have been met;

  5. If the incentive or concession includes mixed uses, all of the findings included in Government Code Section 65915(k)(2) can be made; and

  6. If a waiver or reduction of a development standard is requested, the development standard would have the effect of physically precluding the construction of the development project at the density or with the incentives or concessions permitted by Government Code Section 65915 .

• B. Denial of incentive or concession. The review authority may deny a request for an incentive or concession only if it can make a written finding, based upon substantial evidence, of one of the following:

  1. The incentive and/or concession is not required to provide for affordable rents or affordable ownership costs, as provided in Government Code Section 65915(d)(1)(A) ;

  2. The incentive and/or concession would have a specific adverse impact upon public health and safety, or the physical environment, or on any real property listed in the California Register of Historical Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low-income, very-low income, and moderateincome households. For the purpose of this Subparagraph, "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 that the application was deemed complete; or

  3. The concession or incentive would be contrary to State or Federal law.

• C. Denial of waiver or reduction. The review authority may deny a request for a waiver or reduction only if it can make a written finding, based upon substantial evidence, of one of the following:

1. The waiver or modification would have a specific adverse impact upon public health and safety, or the physical environment, or on any real property listed in the California Register of Historical Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low-income, very-low income, and moderate-income households. For the purpose of this Subparagraph, "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 that the application was deemed complete; or

   2. The waiver or reduction would be contrary to State or Federal law.

• D. Denial based on provision of child care facilities. The review authority may deny a density bonus, incentive, or concession that is based on the provision of child care facilities only if it can make a written finding, based on substantial evidence, that the City already has adequate child day care facilities.

• (Ord. 1017, 2013)