Chapter 18.46 — REASONABLE ACCOMMODATION

This chapter provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the American with Disabilities Act, Federal Fair Housing Act, and the California Fair Employment and Housing Act (hereafter "Acts") in the application of zoning laws and other land use regulations, policies, procedures, or conditions of approval.

(Ord. No. 743, § 3, 3-21-2017)

A.

A request for reasonable accommodation may be made by any person with disability, their representative or any entity, if the application of a requirement of this title or other city requirement, policy or practice acts as a barrier to fair housing opportunities. This chapter applies to those persons who have "disabilities" as defined under the Acts, which definitions are controlling for the purposes of this chapter. Generally, a person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment.

B.

A request for reasonable accommodation may include a modification or exception to the rules, standards and practices for the siting, development, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice. A request for reasonable accommodation shall comply with Section 18.46.030.

C.

A reasonable accommodation will terminate if the accommodation is no longer required, or if the recipient of the accommodation ceases to reside at the property.

D.

A reasonable accommodation may be granted in compliance with this chapter without the need for the approval of a variance otherwise required by this title.

(Ord. No. 743, § 3, 3-21-2017)

18.46.030 - Application requirements.

A.

A request for reasonable accommodation shall be submitted on an application form provided by the development services department or in the form of a letter to the director of development services, and

shall contain the following information:

1.

The applicant and property owner(s), if different, name, address and telephone number;

2.

Address of the property for which the request is being made;

3.

The current actual use of the property;

4.

The basis for the claim that an individual who resides at the property has a disability protected by the Acts;

5.

The zoning ordinance provision, regulation or policy from which reasonable accommodation is being requested;

6.

Why the requested accommodation is necessary to make the specific property accessible to the individual(s) with disabilities; and

7.

Photos, site plans, drawings, and/or other graphics as may be required to clearly describe the proposed modifications to the property.

B.

If the project for which the request for reasonable accommodation is being made also requires other discretionary approval, then the applicant shall tile the information required by subsection (A) together for concurrent review with the application for discretionary approval.

C.

A request for reasonable accommodation may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect an individual's obligations to comply with other application regulations not at issue in the requested accommodation.

(Ord. No. 743, § 3, 3-21-2017)

18.46.040 - Review authority.

A.

Requests for reasonable accommodation shall be reviewed by the director of development services, or designee, if no approval is sought other than the request for reasonable accommodation.

B.

Requests for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority reviewing the discretionary land use application in accordance with Sections 18.59.050 and 18.59.060.

(Ord. No. 743, § 3, 3-21-2017; Ord. No. 748, § 4, 5-15-2018)

A.

The director of development services shall make a written determination within 45 days of the application being deemed complete and either grant, grant with modifications, or deny a request for reasonable accommodation in compliance with Section 18.46.060.

B.

If the request for reasonable accommodation is submitted for concurrent review with a discretionary land use application, the written determination on whether to grant or deny the request for reasonable accommodation shall be made by the authority responsible for reviewing the discretionary land use application. The written determination to grant or deny the request for reasonable accommodation shall be made in compliance with Section 18.46.060.

(Ord. No. 743, § 3, 3-21-2017; Ord. No. 748, § 4, 5-15-2018)

18.46.060 - Findings and decision.

A.

The written decision to grant or deny a request for reasonable accommodation will be consistent with the Acts and shall be based on consideration of the following factors:

1.

Whether the housing, which is the subject of the request, will be used by an individual with disabilities protected under the Acts;

2.

Whether the requested accommodation is necessary to make housing available to an individual with disabilities protected under the Acts;

3.

Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the city;

4.

Whether the requested accommodation would require a fundamental alteration in the nature of a city program or law, including, but not limited to, building, land use, nuisance, and zoning law.

B.

The conditions shall also state whether the accommodation granted shall be removed in the event that the person for whom the accommodation was requested no longer resides on the site.

(Ord. No. 743, § 3, 3-21-2017; Ord. No. 809, § 1, 8-20-2024)

A determination to grant or deny a request for reasonable accommodation may be appealed to the planning commission, in compliance with Chapter 18.84.

(Ord. No. 743, § 3, 3-21-2017; Ord. No. 748, § 4, 5-15-2018)

Chapter 18.47 - RESIDENTIAL DENSITY BONUS AND DENSITY INCENTIVES

The purpose of adopting this chapter is to encourage the construction of affordable housing through density bonuses and other incentives, described in this chapter. This chapter from which this title is derived is adopted to comply with the provisions of California Code Sections 65915—65918.

(Ord. No. 743, § 3, 3-21-2017)

This chapter applies to all multi-family residential, live-work, and mixed-use projects, consisting of five or more dwelling units, not including units granted as a density bonus.

(Ord. No. 743, § 3, 3-21-2017)

18.47.030 - Definitions.

"Affordable housing cost." Refer to the definition set forth in the California Health and Safety Code Section 50052.5.

"Affordable rent." Refer to the definition set forth in the California Health and Safety Code Section 50053.

"Child care facility." A facility other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and school age child care centers.

"Common interest development." Refer to the definition set forth in the California Civil Code Section 13.51.

"Concession" or "incentive." Concession or incentive means any of the following:

A.

A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission, as provided in Part 2.5 (the State Building Code commencing with Health and Safety Code 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, that results in identifiable, financially sufficient, and actual cost reductions.

B.

Approval of mixed use zoning in conjunction with a housing project, if commercial, office, industrial or other land uses will reduce the cost of a 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 area where the proposed housing project will be located.

C.

Other regulatory incentives or concessions proposed by the applicant or the city that result in identifiable, financially sufficient and actual cost reductions. This definition does not limit or require the provision of direct financial incentives for a housing development, including the provision of publicly owned land, by the city or the waiver of fees or dedication requirements.

"Density bonus." A density increase in over the otherwise maximum allowable residential density under the applicable zoning code provisions and the land use element of the general plan, as of the date of application by the applicant to the city.

"Development standard." The site or construction condition that apply to a residential development pursuant to any ordinance, general plan element, specific plan, or other city condition, law, policy resolution or regulation.

"Housing development." A development project for five or more residential units in single-use, live-work, or mixed use formats as defined in Section 1351 of the Civil Code. Also includes a subdivision or common interest development or the substantial rehabilitation of an existing multi-family dwelling where the result of the rehabilitation would be a net increase in the number of residential units.

ousing development." A development project for five or more residential units in single-use, live-work, or mixed use formats as defined in Section 1351 of the Civil Code. Also includes a subdivision or common interest development or the substantial rehabilitation of an existing multi-family dwelling where the result of the rehabilitation would be a net increase in the number of residential units.

"Lower-income household." Persons and families whose income does not exceed 80 percent of the area median income, adjusted for family size and revised annually, as defined in California Health and Safety Code Section 50079.5.

"Lower-income student." A student who has a household income and asset level that does not exceed the level for Cal Grant A or Cal Grant B award recipients as set forth in paragraph (1) of subdivision (k) of Section 69432.7 of the Education Code. The eligibility of a student to occupy a unit for lower-income students under this section shall be verified by an affidavit, award letter, or letter of eligibility provided by the institution of higher education in which the student is enrolled or by the California Student Aid Commission that the student receives or is eligible for financial aid, including an institutional grant or fee waiver from the college or university, the California Student Aid Commission, or the federal government.

"Maximum allowable residential density." The maximum number of units allowed under the zoning ordinance, specific plan, or land use element of the general plan, or, if a range of density is permitted,

means the maximum number of units allowed by the specific zoning range, specific plan, or land use element of the general plan applicable to the project.

"Moderate-income household." Persons and families whose income is between 80 percent [and] 120 percent of the area median income, adjusted for family size and revised annually, as set forth in the California Health and Safety Code Section 50093(b).

"Residential care facility for the elderly" means a housing arrangement chosen voluntarily by persons 60 years of age or over, or their authorized representative, where varying levels and intensities of care and supervision, protective supervision, or personal care are provided, based upon their varying needs, as determined in order to be admitted and to remain in the facility. Persons under 60 years of age with compatible needs may be allowed to be admitted or retained in a residential care facility for the elderly. A residential care facility for the elderly shall be considered a residential use of property and shall be permitted in all zones permitting residential uses, subject to compliance with the restrictions and development standards for other residential dwellings in the same zone. This definition shall be operative only until the enactment of legislation implementing the three levels of care in residential care facilities for the elderly pursuant to Section 1569.70 of the California Health and Safety Code.

rmitted in all zones permitting residential uses, subject to compliance with the restrictions and development standards for other residential dwellings in the same zone. This definition shall be operative only until the enactment of legislation implementing the three levels of care in residential care facilities for the elderly pursuant to Section 1569.70 of the California Health and Safety Code.

"Senior citizen housing development." A housing development, where residency is restricted to persons 62 years of age or older, or 55 years of age or older in a senior citizen housing development, as defined in Sections 51.3 and 51.12 of the California Civil Code (at the time of adoption of this section, a senior citizen housing development is a residential development that has at least 35 dwelling units and is developed, substantially rehabilitated, or substantially renovated for senior citizens).

"Shared housing building." A residential or mixed-use structure, with five or more shared housing units and one or more common kitchens and dining areas designed for permanent residence of more than 30 days by its tenants. The kitchens and dining areas within the shared housing building shall be able to adequately accommodate all residents. A "shared housing building" may include other dwelling units that are not shared housing units, provided that those dwelling units do not occupy more than 25 percent of the floor area of the shared housing building. A shared housing building may include 100 percent shared housing units.

"Shared housing unit" means one or more habitable rooms, not within another dwelling unit, that includes a bathroom, sink, refrigerator, and microwave, is used for permanent residence, that meets the "minimum room area" specified in Section R304 of the California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations), and complies with the definition of "guestroom" in Section R202 of the California Residential Code. Shared housing unit for purposes of a residential care facility for the elderly includes a unit without an individual kitchen where a unit may be shared by unrelated persons, and a unit where a room that may be shared by unrelated persons meets the minimum room area requirements of "shared housing unit."

"Specific, adverse impact." Refer to the definition set forth in the California Government Code Section 65589.5(d)(2).

"Target unit." A dwelling unit within a housing development that is reserved for sale or rent to very low-, low-, and moderate-income households, or other qualifying residents.

"Very low-income household." Persons and families whose income does not exceed 50 percent of the area median income, adjusted for family size and revised annually, as set forth in the California Health and Safety Code Section 50105.

(Ord. No. 743, § 3, 3-21-2017; Ord. No. 809, § 1, 8-20-2024; Ord. No. 818, § 1, 5-20-2025)

Density bonuses shall be subject to the provisions in this section, in accordance with California Code Section 65915.

A.

Application. Any person that desires a density bonus must make an application on a form approved by the director of development services at the time of submitting an entitlement application for the housing development for which a density bonus is requested. The density bonus provided by this chapter only applies to housing developments consisting of five or more dwelling units.

B.

Incentives and Concessions. When an applicant seeks a density bonus for a housing development of for the donation of land for housing within the city, the city must provide the applicant incentives or concessions for the production of housing units and child care facilities, as provided in this chapter.

C.

Available Density Bonus Options. The planning commission or city council will grant one density bonus, the amount of which will be as specified in Section 18.47.060, and incentives or concessions as described in Section 18.47.050, when an applicant for a housing development seeks and agrees to construct a housing development, excluding any units permitted by the density bonus awarded pursuant to this chapter, that will contain at least one of the following:

1.

Five percent of the total units of a housing development, including a shared housing building development, for very low-income households.

2.

Ten percent of the total units of a housing development, including a shared housing building development, for lower-income households.

3.

Ten percent of the total units in a common interest development for moderate-income households, provided that all units in the housing development are offered to the public for purchase.

4.

A senior citizen housing development.

5.

Donates land to the city for the construction of very low-income units.

6.

Includes a qualifying childcare facility, as described in Section 18.47.070; in addition, to providing housing as described in subsections (C)(1)—(3).

7.

Ten percent of the total units of a housing development for transitional foster youth, as defined in Section 66025.9 of the Education Code, disabled veterans, as defined in Section 18541, or homeless persons, as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. § 11301 et seq.).

8.

Twenty percent of the total units for lower-income students in a student housing development that meet the requirements in Government Code Section 65915(b)(1)(F).

9.

One hundred percent of all units in the development, including total units and density bonus units, but exclusive of a manager's unit or units, are for lower-income households, as defined by Section 50079.5 of the Health and Safety Code, except that up to 20 percent of the units in the development, including total units and density bonus units, may be for moderate-income households, as defined in Section 50053 of the Health and Safety Code.

D.

Applicant's Election of Basis for Bonus. For purposes of calculating the amount of the density bonus, pursuant to Section 18.47.060, the applicant who requests a density bonus pursuant to this section must elect whether the bonus will be awarded on the basis of subsections (C)(1)—(6).

E.

Continued Affordability.

1.

An applicant must agree to the continued affordability of all low- and very low-income units that qualified the applicant for the award of the density bonus for 50 years or a longer period of time if required by any applicable construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. Rents for the lower-income density bonus units must be set at an affordable rent. Owneroccupied units must be available at an affordable housing cost.

2.

An applicant must agree that the initial occupant of the moderate-income units that are directly related to the receipt of the density bonus in a common interest development are moderate-income households and

that the units are offered at an affordable housing cost. The city will require an equity-sharing agreement, unless such an agreement would be in conflict with the requirements of another public funding source or law.

(Ord. No. 743, § 3, 3-21-2017; Ord. No. 748, § 4, 5-15-2018; Ord. No. 809, § 1, 8-20-2024)

The following provisions must be included in any equity-sharing agreement required under this chapter:

A.

Upon resale, the seller of the unit may retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. The city will recapture any initial subsidy and its proportionate share of appreciation, which amount must then be used within five years for any of the purposes that promote home ownership, as described in California Health and Safety Code section 33334.2(e).

B.

If the unit is purchased or developed by a qualified nonprofit housing corporation pursuant to California Government Code Section 65915(c)(A)(ii), the local government may enter into a contract with the qualified nonprofit housing corporation under which the qualified nonprofit housing corporation would recapture any initial subsidy and its proportionate share of appreciation if the qualified nonprofit housing corporation is required to use 100 percent of the proceeds to promote homeownership for lower-income households within the jurisdiction of the local government.

C.

For purposes of this section, the city's initial subsidy will be equal to the fair market value of the home 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 will be used as the initial market value.

D.

For purposes of this section, the city's proportionate share of appreciation will be equal to the ratio of the initial subsidy to the fair market value of the unit at the time of initial sale.

(Ord. No. 743, § 3, 3-21-2017; Ord. No. 809, § 1, 8-20-2024)

A.

An applicant for a density bonus pursuant to Section 18.47.040 may submit proposal for the specific incentives or concessions that the applicant requests pursuant to this chapter, and may request a meeting with the director of development services.

B.

Subject to subsection (C), the applicant will receive the following number of incentives or concessions:

1.

One incentive or concession for projects that include at least ten percent of the total units for lower-income households, at least five percent for very low-income households, or at least ten percent for moderateincome households in a common interest development.

2.

One incentive or concession for projects that include at least 20 percent of the total units for lower-income students in a student housing development.

3.

Two incentive or concession for projects that include at least 20 percent of the total units for lower-income households, at least ten percent for very low-income households, or at least 20 percent for moderateincome households in a common interest development.

4.

Three incentive or concession for projects that include at least 30 percent of the total units for lowerincome households, at least 15 percent for very low-income households, or at least 30 percent for moderate-income households in a common interest development.

5.

Four incentives or concessions for a project meeting the criteria of Section 18.47.040(C)(9).

6.

If the project is located within one-half mile of a major transit stop or is located in a very low vehicle travel area in a designated county, the applicant shall also receive a height increase of up to three additional stories, or 33 feet.

C.

The planning commission or city council must grant the concession or incentive requested by the applicant, unless it makes a written finding, based upon substantial evidence, that:

1.

The concession or incentive is not required in order to provide for affordable housing costs, or for rents for the targeted units to be set as specified in Section 18.47.030.

2.

The concession or incentive 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- and moderate-income households; or

3.

The concession or improvement would be contrary to state or federal law.

(Ord. No. 743, § 3, 3-21-2017; Ord. No. 748, § 4, 5-15-2018; Ord. No. 809, § 1, 8-20-2024)

18.47.055 - Waiver or reduction of development standards.

A.

An applicant may submit to the city a proposal for the waiver or reduction of development standards that the applicant believes will have the effect of physically precluding the construction of a housing development that meets the criteria of in this section at the densities or with the concessions or incentives permitted by this chapter, and may request a meeting with the director of development services. Such proposal may not increase the number of incentives of concessions that the applicant is entitled to under Section 18.47.030.

B.

The planning commission or city council must waive or reduce the development standard requested by the applicant, unless it makes a written finding, based upon substantial evidence, that:

1.

The waiver or reduction 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; or

2.

The waiver or reduction would be contrary to state or federal law.

(Ord. No. 743, § 3, 3-21-2017; Ord. No. 748, § 4, 5-15-2018; Ord. No. 809, § 1, 8-20-2024)

A.

The applicant may elect to accept a lesser percentage of density bonus.

B.

The amount of density bonus to which the applicant is entitled will vary according to the amount by which the percentage of affordable housing units exceeds the percentage established in Section 18.47.060.

C.

For housing developments meeting the criteria of Section 18.47.010(C)(1), the density bonus will be calculated as follows:

D.

For housing developments meeting the criteria of Section 18.47.040(C)(2), the density bonus will be calculated as follows:

E.

For housing developments meeting the criteria of Section 18.47.040(C)(4), as senior housing developments, the density bonus will be 20 percent.

F.

For housing developments meeting the criteria of Section 18.47.040(C)(3), the density bonus will be calculated as follows:

G.

All density calculations resulting in fractional units will be rounded up to the next whole number. The granting of a density bonus will not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval.

(Ord. No. 743, § 3, 3-21-2017; Ord. No. 748, § 4, 5-15-2018; Ord. No. 809, § 1, 8-20-2024)

When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to the city, as provided for in this section, the applicant will be entitled to a 15-percent increase above the otherwise maximum allowable residential density under the applicable zoning and the land use element of the general plan for the entire development, as follows:

A.

This increase will be in addition to any increase in density mandated by Section 18.47.040(C), up to a maximum combined density increase of 35 percent, if an applicant seeks increases required pursuant to both the section and section 18.47.040(C).

1.

All density calculations resulting in fractional units will be rounded up to the next whole number.

2.

Nothing in this section will be construed to enlarge or diminish the authority of the city to require a developer to donate land as a condition of development.

B.

An applicant will be eligible for the increased density bonus described in this section if all of the following conditions are met:

1.

The applicant donates and transfers the land no later than the date of approval of the final subdivision map or parcel map or residential development application.

2.

The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households, in an amount not less than ten percent of the number of residential units of the proposed development.

3.

The transferred land is at least one acre in size or of sufficient size to permit development of at least 40 units, has the appropriate general plan designation, is appropriately zoned for development as affordable housing, and is or will be served by adequate public facilities and infrastructure.

a.

The land must have appropriate zoning and development standard to make the development of the affordable units feasible.

b.

No later than the date of approval of the final subdivision map parcel map, or of the residential development, the transferred land must 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, except that the local government may subject the proposed development to subsequent design review, to the extent authorized by California Government Code Section 65583.2(i), if the design is not reviewed by the city prior to the time of transfer.

4.

The transferred land and the affordable units will be subject to a deed restriction ensuring continued affordability of the units consistent with this section which restriction will be recorded on the property at the time of the transfer.

5.

The land is transferred to the city or to a housing developer approved by the city. The city may require the applicant to identify and transfer the land to such housing developer.

6.

The transferred land must be within the boundary of the proposed development or, if the city agrees, within one-quarter mile of the boundary of the proposed development.

(Ord. No. 743, § 3, 3-21-2017; Ord. No. 748, § 4, 5-15-2018)

18.47.070 - Additional density bonus or concession or incentive through provision of childcare facility.

A.

When an applicant proposes to construct a housing development that conforms to the requirements of this section and includes a childcare facility that will be located on the premises of, as part of, or adjacent to, the project, the planning commission or city council must grant either of the following:

1.

An additional density bonus that is the amount of square feet of residential development that is equal to or greater than the amount of square feet in the child care facility.

2.

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

B.

The planning commission or city council shall require, as a condition of approving the housing development that the following occur:

1.

The child care facility must remain in operation for a period of time that is as long or longer than the period of time during which the density bonus units are required to remain affordable pursuant to Section 18.47.040(E).

2.

Of the children who attend the child care facility, the children of moderate income, lower income, and very low income households must equal a percentage that is equal or greater than the percentages of the dwelling units that are required for very low income, lower income, or moderate income households, pursuant to Section 18.47.040(C).

C.

Notwithstanding any requirement of this section, the planning commission or city council is not required to provide a density bonus or concession for a child care facility if it finds, based upon substantial evidence, that the community has adequate child care facilities.

D.

For the purposes of calculating a density bonus the residential units do not have to be based upon individual subdivision maps or parcels. The density bonus is permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located.

E.

The granting of a concession or incentive will not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval.

(Ord. No. 743, § 3, 3-21-2017; Ord. No. 748, § 4, 5-15-2018)

Nothing in this chapter will be construed to prohibit the planning commission or city council from granting a density bonus greater than what is described in this chapter for a development that meets the requirements of this chapter, or from granting a proportionately lower density bonus than what is required by this chapter for developments that do not meet the requirement of this chapter.

(Ord. No. 743, § 3, 3-21-2017)

A.

Upon the request of the applicant, the city will not require a vehicular parking ratio, inclusive of handicapped and guest parking, of a development meeting the criteria of Section 18.47.040(C), that exceeds the following ratios:

1.

Zero to one bedrooms: One on-site parking space.

2.

Two to three bedrooms: Two on-site parking spaces.

3.

Four or more bedrooms: Two and one-half parking spaces.

B.

If the total number of parking spaces required for a development is other than whole number, the number will be rounded up to the next whole number. For purposes of this section, a development may provide "on-site parking" through tandem parking or uncovered parking, but not through on-street parking.

C.

This section applies to a development that meets the requirements of Section 18.47.040(C), but only at the request of the applicant. An applicant may request additional parking incentives or concessions beyond those provided in this chapter, subject to Section 18.47.050.

(Ord. No. 743, § 3, 3-21-2017)