Chapter 18.213 — Deed-Restricted Housing Incentives

The purpose of this Chapter (Chapter 18.213) is to incentivize the development of housing units that serve community members, recognizing that an authentic, vibrant, and functional community relies on a diverse local, year-round population.

• A. Applicability. The following projects are eligible for the deed-restricted housing incentives:

  1. Multifamily residential-only projects with two or more dwelling units in the RM (Medium Density Residential), RH (High Density Residential), DRM (Downtown Medium Density Residential, DRH (Downtown High Density Residential) and DMU (Downtown Mixed Use) zoning districts.

  2. Mixed-use projects with one or more residential units within the CMU (Corridor Mixed Use), DMU (Downtown Mixed Use) or M (Manufacturing) zoning districts.

  3. Mixed-use projects not located directly adjacent to Donner Lake with one or more residential units within the NMU (Neighborhood Mixed Use) zoning districts.

B. Ineligibility.

1. An applicant shall be ineligible for the deed-restricted housing incentives program if the housing development is proposed on any property that includes a parcel or parcels on which a dwelling unit is currently or has been vacated or demolished in the five-year period preceding the application subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; subject to any other public form of rent or price control; or occupied by lower or very low income households, unless the housing development replaces those units as part of the developed project. Any replacement units shall not be counted for purposes of determining eligibility for this program.

2. Any project that is requesting a density bonus, concession, or incentive consistent with Chapter 18.212 (Density Bonuses, Concessions and Incentives) shall not eligible for the allowances of this Chapter.

3. Projects with single-family residential units and accessory dwelling units are not eligible for this program.

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4. Projects proposing to disturb environmentally sensitive areas as defined in Section 18.46.030 (Definitions) and projects proposing disturbance on slopes 30% or greater shall not be eligible for deed-restricted housing incentives.

5. Projects requesting a Variance (Chapter 18.82), a Minor Modification (Chapter 18.75), or a Planned Development (Chapter 18.78) shall not be eligible for the provisions of this Chapter, except as allowed under Section 18.213.020.C (Alternative Planned Development process).

• C. Alternative Planned Development process. Projects that meet the criteria listed in Section 18.78.040.3 (Project Mandatory Feature – Deed-Restricted Housing Units) may request a discretionary Planned Development review pursuant to Chapter 18.78 (Planned Development). The projects will be subjected to any applicable land use entitlements such as Zoning Clearance, Development Permit, and/or Historic Design Review.

• A. Review process. The review of deed-restricted housing incentive projects shall be processed as follows:

  1. Zoning Clearance review. Deed-restricted housing incentive projects with 10 or fewer residential units, with site disturbance (grading, impervious surfaces, and/or the removal of natural vegetation) of less than 26,000 s.f., and with 10,000 s.f. of nonresidential gross floor area or less shall be subject to Zoning Clearance (Chapter 18.72) review.

  2. Zoning Clearance review with additional public outreach. Deed-restricted housing incentive projects with 11 to 20 residential units, site disturbance (grading, impervious surfaces, and/or the removal of natural vegetation) of less than 26,000 s.f., or greater than 10,000 s.f. but less than 20,000 s.f. of nonresidential gross floor area shall be subject to Zoning Clearance (Chapter 18.72) review with the following additional public outreach requirements conducted by the project proponent:

     • a. At least two months prior to the date of application submittal, the project proponent shall host and organize, at their cost, at least one community meeting on the project site or within the Town limits that includes a presentation from the project proponent regarding the details of the project, including site plans, floor plans, and renderings, and provides opportunity for comment from the public; and

     • b. At least two weeks prior to the scheduled community meeting, the project proponent shall send notice of the meeting to all of the following entities:

       • (1) All owners of real property as shown on the County’s latest equalized assessment roll within 500 feet of the property which is the subject of the project shall be sent a mailed notice;

       • (2) Any person who has filed a written request for notice with the Community Development Department shall be sent a mailed notice or, if requested and available, an emailed notice;

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  - (3) Any organized homeowners association or similar entity that governs a subdivision that is located within 500 feet of the property which is the subject of the project shall be sent a mailed notice and, if available, an emailed notice; and 

  - (4) The Community Development Department shall be sent an emailed notice. 

• c. The contents of the notice shall include:

  • (1) The location of the project;

  • (2) Information about the project with text and diagram(s), including, at a minimum, a description of the square footage of residential and nonresidential uses, height, stories, and parking quantities;

  • (3) Contact information for the project proponent; and

  • (4) Information on the date and location of community meeting on the project.

• d. As part of the application submittal to the Community Development Department, documentation shall be submitted of all public outreach efforts including notices, all public comments made either at the community meeting or through other methods, any responses to the public comment, and, if relevant, information related to any changes made to the project in response to public comment.

  • e. Once the complete application is submitted pursuant to Section 18.70.060 (Initial Application Review/Environmental Assessment), including the required public outreach, the Community Development Director shall review the application and determine if the project is of community interest and review by the Planning Commission is necessary.

  • f. The project proponent may voluntarily opt out of this public outreach requirement and elevate the project to a Development Permit review consistent with Chapter 18.74, which designates the Planning Commission as the review authority.

3. Development Permit review. Deed-restricted housing incentive projects with 21 or more residential units, mixed-use deed restricted housing incentive projects with 20,000 s.f. or more of nonresidential gross floor area, or site disturbance (grading, impervious surfaces, and/or the removal of natural vegetation) of 26,000 s.f. or greater shall be subject to Development Permit review (Chapter 18.74). Projects that meet the eligibility criteria for Zoning Clearance review under Section 18.213.030.A.2 but have opted for Development Permit review, or that the Community Development Director has determined to be of community interest, shall be reviewed through the Development Permit process.

4. Historic Design Review. Deed-restricted housing incentive projects within the Historic Preservation (-HP) Overlay District that are consistent with the requirements of this Chapter shall be exempt from Historic Design Review, unless Flexible Design Review is requested by the applicant. Projects requesting Flexible Design Review in the -HP Overlay District shall be subject to Historic Design Review (Chapter 18.77).

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• B. Other Use Permit review. When a Use Permit or Minor Use Permit is required for specific uses proposed within the nonresidential portion of the project consistent with Table 2-7 (Allowed Uses and Permit Requirements for Commercial and Manufacturing Districts) or Table 2-10 (Allowed Uses and Permit Requirements for Mixed Use Districts), development is proposed on slopes of 20 percent or greater (Chapter 18.36 – Hillside Development), or disturbance is proposed within 200 feet of a wetland (Chapter 18.30.050.F), all applications, including a Zoning Clearance for deed-restricted housing incentive project, shall be reviewed and approved or denied by the highest level review authority assigned by Table 4-1.

for Mixed Use Districts), development is proposed on slopes of 20 percent or greater (Chapter 18.36 – Hillside Development), or disturbance is proposed within 200 feet of a wetland (Chapter 18.30.050.F), all applications, including a Zoning Clearance for deed-restricted housing incentive project, shall be reviewed and approved or denied by the highest level review authority assigned by Table 4-1.

• C. Environmental review. When a project requires a Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report pursuant to the California Environmental Quality Act, the project shall require review by the Planning Commission.

• D. Deed-restricted housing plan. A plan for the deed-restricted housing shall be submitted concurrently with the applicable land use permit application forms for concurrent consideration by the review authority. The plan shall include the following information:

  1. A site plan and typical floor plans depicting the location, structure, proposed tenure (rental or ownership), story and floor layout, and size of the proposed market rate and inclusionary units;

  2. Percentage of deed-restricted units;

  3. The income level targets for each deed-restricted unit;

  4. The mechanisms that will be used to assure that the deed-restricted units will remain affordable;

  5. A phasing plan for the construction and completion of the market rate and deed-restricted units; and

  6. A description of any requested density bonus pursuant to this Chapter;

  7. A description of requested incentives; and

  8. A description of how the project complies with the required objective design standards.

• E. Findings and decision . In order to grant the deed-restricted housing incentives, the review authority shall make both of the following findings:

  1. Granting the deed-restricted housing incentives is not detrimental to the public health, safety, welfare, or environment.

  2. Granting the deed-restricted housing incentives would further the Town’s housing goals.

• F. Time limits. Time limits for deed-restricted housing incentive projects shall be consistent with Development Code Section 18.84.050 (Time Limits and Phasing).

• G. Time extensions. Deed-restricted housing incentive projects may request a two-year Time Extension in compliance with Section 18.84.055 (Time Extensions). The review authority for

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the time extension shall be the Community Development Director. All other requirements and findings for a Time Extension shall apply. For projects that include a Tentative Map, the Director may approve extensions consistent with Section 18.96.150 (Extensions of Time for Tentative Maps) and in compliance with State law (Government Code Section 66452.6).

• A. Affordability and use restrictions.

  1. Deed-restricted housing units shall be consistent with the affordability rent and sales price requirements for very low-, low-, and moderate-income units as defined in Chapter 18.210 (Affordable Housing Controls) or the deed-restricted income levels adopted by resolution by the Town Council.

  2. The applicant shall agree to the continued affordability of the deed-restricted units for a term of at least 55 years.

  3. The applicant shall agree, in writing, to waive the use of the provisions provided by the Housing Accountability Act (Government Code Section 65589.5), State Density Bonus Law (California Government Code Sections 65915-65918), parking requirements for residential, commercial or other development types (Government Code Section 65863.2) and the State accessory dwelling unit law (Government Code Sections 66310 et.seq) for any projects and project sites using the Deed-Restricted Housing Incentives in this Chapter.:

  4. The applicant shall agree to the following occupancy restrictions:

     • a. One member of the household is required to be a full-time resident of the unit;

     • b. Members of the household shall not own or rent additional dwelling units;

     • c. One member of the household is required to be currently employed 30 hours or more per week within the Tahoe Truckee Unified School District boundary

     • d. Short-term rental of whole or portions of the unit is prohibited; and

     • e. For rental units, a six-month initial lease is required.

  5. The applicant shall enter into and record a deed-restricted housing agreement as follows:

     • f. Agreement required. A deed-restricted housing agreement shall be recorded for deedrestricted housing units approved under this Chapter. A draft agreement shall be submitted to the Community Development Director prior to building permit issuance.

     • g. Agreement information. The deed-restricted housing agreement shall include, but not be limited to, the following:

       • (1) A description of the development, including whether the deed-restricted units will be offered for rent or for purchase;

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     - (2) The number, size, and location of the deed-restricted units, or any approved alternative; 

     - (3) Provisions and/or documents for initial sales price or rent, resale restrictions, occupancy restrictions, locals preference, deeds of trust, rights of first refusal, and rental restrictions; 

     - (4) Provisions for monitoring the ongoing requirements of the deed-restricted units, and the process for marketing units, and qualifying prospective households for income eligibility; 

     - (5) Provisions for the ongoing physical and operational maintenance of the deedrestricted housing project, including any financial requirements; 

     - (6) Deed restriction acceptable to the Town;

• (7) Any information required by the housing plan approved by the review authority; (8) Any other pertinent information required by the Community Development Director.

  - h. **Agreement approval.** The deed-restricted housing agreement shall be consistent with the housing plan approved by the review authority and shall comply with the requirements of the chapters of this Article. The agreement shall be reviewed and approved by the Town Attorney and Community Development Director and recorded with the Nevada County Recorder prior to the issuance of a temporary or final certificate of occupancy or the recordation of a parcel or final map for the deedrestricted housing. 
  

• B. Minimum density. The following minimum density requirements apply for deed-restricted housing incentive projects:

  1. Residential zoning districts. For multifamily residential-only projects in the RM, RH, DRH, DRM, and NMU-R zoning districts, deed-restricted housing incentive projects shall be consistent with the minimum density required by the zoning district.

  2. Residential-only projects in the DMU zoning district. For multifamily residential-only projects in the DMU zoning district, deed-restricted housing incentive projects shall have a minimum density of 12 dwelling units per acre.

  3. Mixed-use projects in the DMU, CMU, NMU-C, NMU-R, or M zoning districts . For mixed-use projects in the DMU, CMU, NMU, or M zoning districts, the deed-restricted housing incentive project shall have a minimum density of four dwelling units per acre. In all cases, at least one dwelling unit is allowed.

  4. Tahoe Donner Plan Area . For deed-restricted housing incentive projects within the Tahoe Donner Plan Area, the minimum density shall be 90% of the maximum base density. For example, a 0.59-acre site zoned 15 dwelling units per acre, shall be required to have at least seven dwelling units (0.59 x 15 = 8.85 dwelling units, rounded down to 8 dwelling units; 8 dwelling units x 90% = 7.2 dwelling units, rounded down to 7 dwelling units).

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• C. Minimum percentage of deed-restricted units required. To be eligible for the deed-restricted housing incentives, at least 50% of the residential units in a project are required to be deedrestricted consistent with this Chapter. A minimum of one deed-restricted unit is required.

• D. Inclusionary and workforce housing requirements. Deed-restricted housing incentive projects shall be subject to the requirements of Chapter 18.214 (Inclusionary Housing) and Chapter 18.216 (Workforce Housing). Units deed-restricted to meet the requirements of the inclusionary and workforce housing ordinances may be counted toward the minimum percentage of deed-restricted units required in Section 18.213.040.C.

• E. Development standards. The projects shall be consistent with the requirements of the Development Code except as modified by this Chapter.

• F. Floor area. The following requirements apply to floor area:

1. In the CMU and NMU zoning districts, reference the requirements of Section 18.14.050 (Mixed Use Component).

   2. In the M zoning district, reference the requirements of Section 18.58.140.D.3 (Mixed Use Component).

• G. Location of deed-restricted units. All deed-restricted units shall be built on site.

• H. Timing of development. Deed-restricted units shall be constructed and offered for sale or rent in accordance with this Chapter concurrently with or prior to completion of market rate units within the residential development project or phase thereof. As used in this Chapter, “concurrently” means that a proportionate share of deed-restricted units, including a proportionate share of units by income affordability, shall be provided. This means that if 50% of the market rate units are requesting Certificate of Occupancy, 50% of the deed-restricted units are required to obtain Certificate of Occupancy prior to the market rate units.

• I. Building types and exterior appearance. Exterior building materials and finishes for deedrestricted units shall be of the same type and quality as the market rate units of the project. The building types for deed-restricted units shall be the same as for market rate units. For example, if the market rate units are attached two-unit buildings, the deed-restricted housing units are also required to be attached as part of a two-unit building. If there is a mixture of building types, the deed-restricted units can be a mixture of the same proportion as the market rate. The living area for the deed-restricted units may only be up to 20% smaller than the average living area of all of the market rate units.

• J. Unit types. Studio units shall be limited to a maximum of 40% of the total number of deedrestricted units. For projects with two or fewer deed-restricted units, a maximum of one studio unit is allowed.

• K. Common amenities. Deed-restricted units shall have access to all on-site amenities available to market rate units.

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• L. Interior quality . Deed-restricted units may have different interior finishes, amenities, and features than the market rate units provided the interior finishes, amenities, and features are durable, of good quality, and consistent with contemporary standards for new housing.

M. Design Review Process.

1. Objective Design Standards. Unless Flexible Design Review for Deed-Restricted Housing Incentive Projects (Section 18.213.040.L.2) is requested, deed-restricted housing incentive projects shall be exempt from the requirements of Chapter 18.25 (Objective Design Standards), except as follows:

   • a. Site design.

     • (1) Site organization. The requirements of Section 18.25.050.A (Site organization) shall apply to sites larger than 0.5 acre. Sites that are 0.5 acre or smaller shall not be required to meet this standard.

     • (2) Circulation. The requirements for Section 18.25.050.B (Circulation) shall apply.

     • (3) Parking design.

• (a) Parking carports. If carports are proposed, the requirements of Section 18.25.050.C.2 (Parking carports) shall apply.

     - **(b) Parking lots.** Parking lots shall not be located between the public rightof-way and the structure, with the exception of accessible parking spaces required by the Building Code. They are permitted to be located adjacent to a private alley with public access. 
  
     - (c) **Parking structures.** If parking structures are proposed, the requirements of Section 18.25.050.C.4 (Parking structures) shall apply. 
  
     - (d) **Parking garages.** If a parking garage is proposed, the requirements of Section 18.25.050.C.6 (Parking garage) and Section 18.25.050.C.6 (Detached parking garages) shall apply. 
  

  • b. Common outdoor area requirements . Deed-restricted housing incentive projects shall be exempt from common outdoor area (Section 18.25.050.D.2) requirements. Other requirements such as landscaping, stormwater treatment, and snow storage shall apply.

  • c. Common outdoor recreational amenities. Deed-restricted housing incentive projects shall be exempt from requirements for common outdoor recreational amenities (Section 18.25.050.D.3).

  • d. Massing.

    • (1) Massing variations. Building elevations that face an adjacent property, are located within 10 feet of the adjacent structure, and are of the same or lesser

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height of the adjacent structure shall be exempt from these standards, except that no building façade or elevation shall be greater than 200 feet in length. The following massing variations are required:

• (a) Building elevation length. No building façade or elevation visible from the public right-of-way or where residents and/or customer access is available shall be greater than 200 feet in length.

• (b) Material variations. Changes in material direction or material type are required on wall planes for a minimum of 20% of the building façade. See Figure 7-1

==> picture [440 x 179] intentionally omitted <==

FIGURE 7-1 MASSING AND FAÇADE BREAKS

• (c) Adjacent developments. New developments should be compatible with and responsive to the existing context of the project. Any time a development is proposed within 50 feet of an existing buildin g, on an adjacent parcel, a proposed building cannot exceed the height of the adjacent building by more than one story or 10 feet, whichever is less, for 25% of the width of the existing adjacent building. See Figure 7-2

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==> picture [288 x 188] intentionally omitted <==

FIGURE 7-2 ADJACENT DEVELOPMENT STANDARD

• (2) Massing breaks. In addition to the required massing variations, at least two of the following massing breaks on each building elevation that front a public street or pedestrian walk shall be incorporated:

• (a) Canopies. Buildings that are two stories or higher shall provide a threefoot minimum depth canopy, roof structure, or balcony that extends from the face of the building toward the street at a height of between 10 feet and 15 feet above the adjacent sidewalk. Such extension(s) shall extend horizontally parallel to the street and cover a minimum of the entire width of entry areas and at least 30% of the building elevation(s) that fronts a public street or pedestrian walk, whichever is greater. The canopy shall be made of wood and/or metal. Fabric or canvas canopies are not allowed.

  • (b) Step backs. For buildings three stories or taller in height, a minimum step back of 10 feet from the ground floor building elevation(s) that front a public street or pedestrian walk is required for the third story or at 30 feet measured from the lower story building walls at finish grade, whichever is less (see Figure 7-3).

  • (c) Wall plane change. Changes in wall plane that are a minimum of 20% of the width of the building elevation, 18 inches deep, and extend a minimum of 20% of the maximum height of the building elevation or 10 feet in height, whichever is greater (see Figure 7-1).

  • (d) Height change. Changes in wall or roof height at a minimum of 80% of the maximum height of the building frontage for a minimum width of 20% of the elevation width. The change must be at least 10 feet in depth; parapets are not considered a height change.

  • (e) Roofline articulation . At least one change in the roofline related to the building elevation(s) that fronts the public right-of-way. Roofline

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articulation shall be measured by vertical changes to the roofline that occur from a change in roof type, direction, or pitch of the roof plane, and/or roofline modulation from stepping up or lowering the highest point of the roof by two feet or stepping forward or backward a portion of the façade by two feet. Roofline articulation shall not be measured by the addition of chimneys or dormers (see Figure 7-1).

==> picture [346 x 292] intentionally omitted <==

FIGURE 7-3 BUILDING STEP BACKS AND CANOPIES

• e. Colors and materials. The requirements of Section 18.25.080 (Multifamily Colors and Materials) shall apply.

• f. Architectural elements.

• (1) Roofs and rooflines. The requirements of Section 18.25.060.E (Roofs and rooflines) shall apply.

(2) Exterior stairwells

• i. Exterior stairwells shall be located at the interior of the parcel or screened from view of the street through landscaping or an architectural feature (see Figure 2-4).

• ii. Exterior stairwells shall be designed with a full roof cover (see Figure 2-55). A minimum of 25% of the square footage of the stairwell

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structure, including roof and/or wall planes, shall be the same materials as the primary structure.

==> picture [398 x 243] intentionally omitted <==

FIGURE 7-4 EXTERIOR STAIRWELLS

  - (3) **Utilities and service areas.** The requirements of Section 18.25.100 (Multifamily Utilities and Service Areas) shall apply. 

2. Historic Preservation (-HP) Overlay District projects. Historic Design Review for deed-restricted housing incentive projects that include new additions or modifications to historic structures, new non-historic structures, or modifications to non-historic structures in the Historic Preservation (-HP) Overlay District shall be waived if the project is consistent with the historic design standards in Chapter 18.25.105 (Design Standards for Projects in the Historic Preservation (-HP) Overlay District).

3. Flexible Design Review for Deed-Restricted Housing Incentive Projects. A DeedRestricted Housing Incentive Project may request Flexible Design Review, which would exempt the project from review under the strict application of the Objective Design Standards and would be subject to the criteria set forth in Chapter 18.24 (Design Guidelines). Projects within the -HP Overlay District shall be subject to the Downtown Truckee Plan Historic Design Guidelines and the Historic Design Review Procedures outlined in Chapter 18.77 (Historic Design Review), including requirements for review by the Historic Preservation Advisory Commission. In this flexible design review process, architectural review is at the discretion of the final review authority and is not subject to the requirements of Section 18.21.040.L.1. (Objective Design Standards) or Section 18.25.105 (Historic Design Standards) under the applicable land use entitlement.

• N. Required Features. All Deed-Restricted Housing Incentives Project are required to include the following features:

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1. Balconies, decks, and patios . Projects shall provide individual balconies, decks and patios consistent with Section 18.25.090.B (Balconies, decks, and patios). Alternatives to this requirement may be reviewed through a Planned Development (Chapter 18.78).

2. Common laundry facilities. All multifamily residential developments with four or more dwelling units shall provide common laundry facilities, except where laundry facilities are provided within each unit.

   • a. Common laundry facilities shall be provided at a minimum ratio of: One washer and one dryer for every four units or fraction thereof for up to 100 units; and one washer and one dryer for every 10 units or fraction thereof for the number of units over 100.

   • b. Where multiple buildings are proposed with four or more units per building, each building shall have at least one washer and one dryer in common laundry facilities

3. Storage. Projects shall provide individual storage consistent with Section 18.25.090.C.6 (Storage). Alternatives to this storage requirement may be reviewed through a Planned Development (Chapter 18.78).

• A. Homegrown Housing funding. Deed-restricted units that are consistent with this Chapter may be eligible for the Homegrown Housing funding program. The rules and requirements of the Homegrown Housing funding program shall apply.

• B. Development impact fees. Traffic and Facilities Development Impact fees may be deferred until Certificate of Occupancy for all deed-restricted housing incentive projects provided that the property owner executes a contract with the Town to pay the fees at the designated time.

• C. Dwelling Unit Equivalents. Deed-restricted housing incentive projects shall be eligible to use dwelling unit equivalents based on number of bedrooms, as defined by Section 18.08.050.B. No other density bonus shall be allowed to be applied.

• D. East Gateway – North side of Donner Pass Road. The base density for mixed-use residential projects on the north side of Donner Pass Road between Frates Lane and the I-80 offramp by the McIver roundabout in the CMU (Corridor Mixed Use) zoning district may be increased to a maximum of 24 dwelling units per acre for deed-restricted housing incentive projects. The density bonus allowed under Section 18.212.050.D.1 shall not be applied to the 24 dwelling units per acre base density.

1.

Calculations and location.

• a. All units allowed through a density bonus shall be located on site.

• b. The density bonus shall be calculated based on the maximum allowed density. For fractions of a unit, density shall be calculated consistent with Section 18.03.020.C (Calculation – Rounding). For example, if the maximum allowed density is 15.6, the maximum allowed density is 15. The 10% density calculation shall be based on the maximum allowed density of 15 units (15 x 10% = 1.5). 16.5 dwelling units shall be rounded down to 16 dwelling units.

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  - c. The density bonus units shall be used when calculating the total percentage of deedrestricted units for purposes of this section. 

  - d. Each deed-restricted housing incentive project is entitled to only one density bonus. The deed-restricted housing incentive project shall not be combined with the density bonus, incentives, or concessions permitted by Chapter 18.212 (Density Bonuses, Concessions and Incentives) or with the dwelling unit equivalent allowed by Section 18.08.050.B (Minimum and Maximum Density). 

• E. General Plan and Development Code consistency . The granting of a density bonus shall not be interpreted, in and of itself, to require a General Plan amendment, zoning change, or other discretionary approval.

• F. Parking - parking quantity for residential units . Reduced parking requirements are provided for all deed-restricted housing incentive projects. All deed-restricted housing incentive projects shall be required to meet the following minimum parking requirements:

  1. One off-street space for each studio and one-bedroom;

  2. Two off-street spaces for each two- or three-bedroom unit;

3. Two and one-half off-street spaces for each unit with four or more bedrooms;

   4. Guest parking equivalent to 10% of the total required parking spaces, or at least one guest parking space, are required unless the project includes a commercial component that requires parking equal to the required guest parking. The guest parking is calculated based on the whole number of parking spaces required for the residential units.

   5. If the total number of parking spaces required for the residential project is other than a whole number, the number shall be rounded up to the next whole number.

   6. The provisions of Government Code 65863.2 shall not apply to deed-restricted incentive housing projects.

   7. A parking management plan is required for any project that uses the reduced parking requirements for deed-restricted housing incentive projects. The parking management plan will identify how parking spaces will be allocated, numbered, monitored, enforced, and incorporated into any lease for rental units or any other property agreement (e.g., CC&Rs).

• G. Eligibility for additional incentives. Additional incentives shall be provided based on size of the parcel, quantity, and percentage of deed-restricted units provided, as follows:

  1. Project sites 0.5 acre or smaller. Projects on sites that are 0.5 acre or smaller shall be eligible for the following number of allowances provided in Table 7-6.

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TABLE 7-6 ALLOWED INCENTIVES BASED ON PERCENTAGE OF DEED-RESTRICTED UNITS FOR PROJECTS ON SITES 0.5 ACRE OR SMALLER

1A Tier 2 incentive can be substituted for a Tier 1 incentive

2. Project sites larger than 0.5 acre. Projects on sites greater than 0.5 acre shall be subject to the following number of allowances provided in Table 7-7.

TABLE 7-7 ALLOWED INCENTIVES BASED ON PERCENTAGE OF DEED-RESTRICTED UNITS FOR PROJECTS ON SITES LARGER THAN 0.5 ACRE

1A Tier 2 incentive can be substituted for a Tier 1 incentive

• H. Incentives. Deed-restricted housing incentive projects are eligible for Tier 1 and Tier 2 incentives based on the criteria identified in Section 18.215.030.E above.

  1. Tier 1 Incentives. The following seven incentives are considered Tier 1 incentives.

     • a. Floor Area Ratio. The maximum allowed floor area ratio for the project shall be increased as follows:

• (1) Corridor Mixed Use (CMU) zoning district: An increase of up to 0.25 FAR shall be allowed.

     - (2) **Neighborhood Mixed Use (NMU) zoning district:** An increase of up to 0.2 FAR shall be allowed. 
  
     - (3) **Business Innovation (BI) zoning district:** An increase of up to 0.1 FAR shall be allowed. 
  
     - (4) **Public Facilities (PF) zoning district:** An increase of up to 0.1 FAR shall be allowed.
  

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• (5) Manufacturing (M) zoning district: An increase of up to 0.1 FAR shall be allowed.

• b. Height. The maximum height requirements for the project as identified in Table 2-4 (Residential District General Development Standards), Table 2-9 (Commercial and Manufacturing District General Development Standards), and Table 2-10 (Mixed Use District General Development Standards) shall be increased up to 10%.

• c. Height – Stories. One additional story may be permitted if the total measured height is equal to or less than less than the maximum allowed in Table 2-4 and Table 2-9, as measured pursuant to Section 18.30.090 (Height Measurement and Height Limit Exceptions). At least 75% of the lowest story shall be located above natural grade.

• d. Height for projects on the north side of Donner Pass Road between Frates Lane and the McIver Roundabout. The maximum height for projects on the north side of Donner Pass Road between Frates Lane and the McIver Roundabout shall be increased to four stories and 55 feet provided that the project complies with the following:

  • (1) Buildings within the first 60 feet of the front or street side property lines shall be a maximum of three stories and a maximum of 40 feet tall.

  • (2) In cases where no buildings are proposed within 60 feet of the front or street side property lines, the building frontage for the building closest to the front or street property lines at the third story and above, or at 35 feet measured from the lower story building walls at finish grade, whichever is lower, shall be required to be stepped back a minimum of 10 feet from the ground floor building walls.

  • (3) Any building elevation that directly abuts a parking lot, sidewalk, pedestrian walk, or public right-of-way at the fourth story and above, or at 40 feet measured from the lower story building walls at finish grade, whichever is lower, shall be required to be stepped back a minimum of 10 feet from the ground floor building walls.

• e. Parking – fully enclosed parking requirement. Deed-restricted units are exempt from the requirement for one fully enclosed parking space identified under “Multifamily dwelling” in Table 3-8 (Parking Requirements by Land Use). If a parking space is voluntarily covered by the applicant, a roof that covers the entirety of the parking space shall be required. A covered parking space with a non-shedding roof (flat roof or roof with a slope of 4:12 or less with composition shingle and a snow retention system and/or snowmelt system) shall not be counted toward vehicle circulation area calculations for the purpose of quantifying snow storage requirements.

• f. Parking – tandem parking. Tandem parking of two vehicles, one behind the other in a single elongated space, may be allowed to satisfy up to 50% of the offstreet parking requirements for residential uses. The dimensions of an unenclosed

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tandem parking space shall be a minimum of 40 feet in depth and nine feet in width; if a parking space is proposed in a fully enclosed garage, the minimum interior dimension width shall be 10 feet. Tandem parking spaces shall be allocated only to the same household. A parking management plan is required for any project that proposes tandem parking to identify how these spaces will be allocated, numbered, monitored, enforced, and incorporated into any lease for rental units or any other property agreement (e.g., CC&Rs).

• g. Parking – on-street parking. In the CMU zoning district, new on-street parking may be counted toward the parking requirements of the project, with the following requirements:

  • (1) The on-street parking does not exist at the time of project approval;

  • (2) The property owner and/or business owner shall construct the on-street parking in accordance with the Public Improvement and Engineering Standards and the requirements of the Town Engineer;

  • (3) The on-street parking shall be located directly abutting the parcel frontage containing the use;

  • (4) One on-street parking space shall be equal to one on-site parking space;

  • (5) A maximum of 25% of the required parking for the project may be located on-street;

  • (6) An agreement shall be executed between the property owner, business owner and the Town requiring the property owner and/or business owner to provide street maintenance services and snow removal on the on-street spaces as required by the Town Engineer

  • (7) The on-street parking spaces shall be available for public parking with no exclusive occupancy for the business(es) or residents;

  • (8) The on-street parking shall be used for the commercial uses only and the residential parking shall be accommodated on site;

  • (9) For any portions of the on-street parking located within the parcel containing the use, a public use easement shall be reviewed and approved by the Town Attorney and Community Development Director and executed and recorded in the Nevada County Recorder’s Office; and

• (10) The on-street parking will not hinder future improvements plans for the street, will not result in traffic safety hazards, and will not unduly interfere with traffic flow as determined by the Town Engineer.

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2. Tier 2 Incentives. The following eight incentives are considered Tier 2 incentives.

   • a. Landscaping.

     • (1) Project shall be exempt from the requirements of Section 18.40.040.B.3.a (Parking lot perimeter landscaping, Adjacent to streets) and Section 18.40.040.B.4 (Parking lot interior landscaping).

     • (2) Landscaping quantities for shrubs and trees shall be reduced by 25%.

   • b. Open space.

     • (1) Sites that are 0.5 acre or smaller. Deed-restricted housing incentive projects on sites that are 0.5 acre or smaller shall be exempt from the minimum required open space requirements, except that in all cases, the environmentally sensitive areas as defined under Section 18.46.030.B (Definitions, Environmentally sensitive areas) shall be preserved as open space.

     • (2) Sites that are larger than 0.5 acre. For deed-restricted housing incentive projects on sites greater than 0.5 acre, the minimum required open space as identified in Table 2-4 (Residential District General Development Standards), Table 2-9 (Commercial and Manufacturing District General Development Standards), and Table 2-10 (Mixed Use District General Development Standards) shall be decreased by as much as 15%, except that in all cases, the environmentally sensitive areas as defined under Section 18.46.030.B (Definitions, Environmentally sensitive areas) shall be preserved as open space.

   • c. Parking – parking quantity for nonresidential uses. Parking for any nonresidential uses may be reduced by as much as 15% of the total required parking requirement. The parking requirement shall be reduced by at least one parking space. The shared parking reduction allowed under Section 18.48.050.A (Shared parking reduction) shall not apply.

   • d. Setbacks – front and street side setback. Front and street side setback requirements, including setbacks for projections allowed under Table 3-2 (Allowed Projects Into Setbacks) shall be reduced by as much as 20% from the standard requirements for the applicable zoning district, provided that there is a minimum 20 feet from any structure from the edge of the pavement of the adjoining street. Any recorded easements or building envelopes shall take precedence over any setback reduction.

   • e. Setbacks – rear setback. Rear setbacks requirements, including setbacks for projections allowed under Table 3-2 (Allowed Projects Into Setbacks), shall be reduced by as much as 25% from the standard requirements for the applicable zoning district. Rear setbacks shall be reduced by 50% if the adjacent property is dedicated permanent open space. Any recorded easements or building envelopes shall take precedence over any setback reduction.

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• f. Setbacks – side setback. Side setback requirements, including setbacks for projections allowed under Table 3-2 (Allowed Projects Into Setbacks), shall be reduced by as much as 20% from the standard requirements for the applicable zoning district if the roof of the building within the standard setback is flat or is designed to shed away from the adjacent property. Side setbacks shall be reduced 50% if the adjacent property is dedicated permanent open space. Side setback reductions shall not apply to parcels located within the DRM zoning district. Any recorded easements or building envelopes shall take precedence over any setback reduction.

• g. Setbacks – screening and buffer setbacks. For the CMU and NMU zoning districts that require screening and buffering setbacks per Section 18.30.110 (Screening and Buffer), the setback standard may be reduced by as much as 25%, except in no case shall the setback be less than 10 feet. Any recorded easements or building envelopes shall take precedence over any setback reduction.

• h. Site coverage.

  • (1) Sites that are 0.5 acre or smaller. Deed-restricted housing incentive projects on sites that are 0.5 acre or smaller, shall be exempt from the maximum site coverage requirements. Projects shall be subject to other pervious surface (e.g., snow storage and stormwater management) requirements.

  • (1) Sites that are larger than 0.5 acre. Maximum site coverage requirements for deed-restricted housing incentive projects on sites larger than 0.5 acre in size shall be increased by 15%. For a site that is one acre with a 40% maximum site coverage requirement, the standard maximum site coverage is 17,424 square feet. With a 15% increase, an additional 2,614 square feet of site coverage is allowed (46%).

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Inclusionary Housing

18.214

– CHAPTER 18.214 INCLUSIONARY HOUSING

Sections:

18.214.010 - Purpose and Intent 18.214.030 - Administrative Fees

18.214.040 - Inclusionary Housing Requirements 18.214.050 - Development Requirements 18.214.060 - Density Bonuses, Incentives, and Concessions

18.214.070 - Affordability Controls

18.214.080 - Inclusionary Housing Plan 18.214.090 - Adjustments and Waivers