Article 7 — Incentives for Small and Underutilized Parcels

The purpose of this article is to encourage the production of affordable housing by providing incentives for developing small and underutilized parcels.

(§ 1, Ord. 1568-NS, eff. March 9, 2012)

A housing development that meets all of the criteria (a) through (d) below is eligible for an incentive described in Sec. 9-10.703.

(a) The development will be built on a site that is:

(1) An existing parcel that is less than 1/2 acre in size, including an existing parcel of less than 1/2 acre that is developed in combination with one or more contiguous parcels; or

(2) A parcel listed in the inventory of underutilized sites with redevelopment potential in the Housing Element of the Thousand Oaks General Plan;

(b) All of the housing, with the exception of a managers unit (if any), shall be provided to extremely low-, very low- or low-income households at affordable rents or affordable housing costs;

(c) All of the housing shall be multiple- family housing developed at a minimum density of 20 dwellings per net acre;

(d) The development density shall comply with any law, including Government Code 65863, that restricts the City from allowing a parcel to be developed at a lower density than needed to accommodate the City’s share of the regional housing need;

(e) The project shall be subject to a recorded agreement between the City and a housing developer specifying the income level of the occupants and guaranteeing the affordability of the units. (§ 1, Ord. 1568-NS, eff. March 9, 2012)

(a) The developer of a housing development that is eligible for an incentive may request any two of the incentives set forth in Sec. 9-10.503(b) under the density bonus program. Such incentives shall be in addition to any incentive that may be granted under the density bonus program.

(b) The City shall grant the requested incentives unless the decision-maker makes a written finding, based upon substantial evidence, of either of the following:

(1) The incentives would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon public health and 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 the targeted households.

(2) The incentives would be contrary to state or federal law.

(§ 1, Ord. 1568-NS, eff. March 9, 2012)