Article 8 — Incentives for Affordable Housing with Lot Consolidation

The purpose of this article is to encourage the redevelopment of smaller sites through allowing incentives for qualifying housing projects that include the merging or consolidation of parcels. (§ 3, Ord. 1734-NS, eff. January 10, 2025)

(a) Qualifying Projects: Housing developments that consist of lot consolidation pursuant to Section 9-3.1218 Voluntary Lot Mergers and meet either of the following location and affordability criteria:

• (1) Housing Inventory Sites (HIS) that construct at a minimum, the number of residential units at the level of affordability identified in the Housing Element Appendix C: Sites Inventory.

• (2) Mixed-Use (MU), Mixed-Use Overlay Zone (MUOZ) or Multiple-Family (R-3) zoned sites not identified in the Housing Element Sites Inventory associated with a rental development proposal consisting of twenty (20%)

percent of the units affordable to lower income households and ownership development proposal consisting of twenty (20%) percent of the units affordable to moderate income households.

(§ 3, Ord. 1734-NS, eff. January 10, 2025)

• (a) Fee Based: A pre-application will be processed with no fees imposed by the Planning Division.

• (b) Locations: Housing Element Inventory Sites and other multifamily or mixed-use sites may be consolidated either separately or in combination when properties are adjoining and proposed to be merged.

• (c) Development Standards:

• (1) Qualifying projects located in the R-3 zone may use the Mixed-Use Zone Development Standards per Section

• 9-4.1052 and as allowed in this section (2) through (4).

• (2) Waive the following Mixed-Use Zone Development Standards.

• (i) Ground Floor Plate height: Minimum 14 feet.

• (ii) Minimum average depth of retail of 60 feet.

• (iii) Third Floor Setback – Minimum: 10 foot average from first floor street front building façade.

• (iv) Public Exterior Space – Minimum three (3%) percent of area of building footprint.

• (3) Change the following Mixed Use development standards to the following:

• (i) Side yard setback:10 feet minimum from a residential zone.

• (ii) Building Height maximum along a side property line within 40 feet of side yard abutting a residential zone:

• (1) Twenty feet from property line - 25 feet maximum.

• (2) Twenty feet to 40 feet from property line - 45 feet maximum.

• (3) Over 40 feet from property line - 50 feet maximum.

• (iii) Minimum Ground Floor Windows: thirty-five (35%) percent for ground floor residential.

• (4) Reduce or waive Objective Design Standards for Courtyard, Stacked Dwelling and Mixed-use Block building types:

• (i) Minimum Courtyard area reduction from fifteen (15%) percent to ten (10%) percent of lot area.

(ii) Minimum courtyard dimensions must be thirty feet (30') when the long axis of the courtyard is within fortyfive (45) degrees of an east/west orientation and twenty feet (20') when the courtyard is within forty-five (45) degrees of a north/south orientation.

• (iii) Courtyard dimensions must have no less than a one to two proportion between any horizontal dimension and adjacent building height.

• (iv) A maximum of one hundred percent (100%) of the total units within a project can be in a stacked dwelling building type.

• (d) Eligible for regulatory incentives consistent with California Government Code Section 65915(d)(2) regardless of whether the qualifying project includes a Density Bonus.

(§ 3, Ord. 1734-NS, eff. January 10, 2025)

Rental units must be deed restricted as affordable housing units for no fewer than 55 years and ownership units must be deed restricted as affordable housing units for no fewer than 45 years, subject to Article 6. Compliance Procedures. (§ 3, Ord. 1734-NS, eff. January 10, 2025)