§ 19.72

This Chapter implements the statutory requirements set forth in Government Code Sections 65915-65918 (known as state density bonus law). To the extent practicable, the citation to the governing statutory provision is included next to the implementing Ordinance Section. If any provision of this Chapter conflicts with state law, the latter shall control. Applicable statutes should be consulted for amendments prior to applying the Ordinance provision.

(Ord. No. 308, § 4(Exh. A), 9-26-2023)

The density bonuses and incentives contained in this Chapter shall apply to housing developments eligible for a density bonus under state density bonus law. When an applicant seeks a density bonus for a housing development within, or for the donation of land for housing within, the City's jurisdiction that meets the requirements set out in California Government Code Section 65915, the actions and procedures set out in this Chapter shall apply. The burden is on the applicant to show that the housing development meets such requirements. The density bonus provisions of California Government Code Sections 65915 et seq., as may be amended from time to time, are incorporated by reference into this chapter. The City reserves the right to review applications for a density bonus in accordance with state density bonus law.

(Ord. No. 308, § 4(Exh. A), 9-26-2023)

In addition to the definitions in Chapter 19.06, the following definitions in this Section apply to this Chapter and shall control where there is a conflict with the definitions in Chapter 19.06. State law definitions, as they may be amended from time to time, control over the definitions in this Section. Where the definitions are provided by state law, the citation to the statute follows.

A.

Affordable Housing. Dwelling units with a sales price or rent within the means of a low- or moderate-income household as defined by state or federal legislation. As used in this Development Code:

1.

Very low income refers to family units/household whose annual income is 50 percent or less of the area's median income as defined in Health and Safety Code Section 50105 (Government Code Section 65915(b) (1)(B)).

2.

Low income refers to family units/households whose annual income is between 50 percent and 80 percent of the area's median income as defined in Health and Safety Code Section 50079.5 (Government Code Section 65915(b)(1)(A)).

3.

Moderate income refers to family units/households whose annual income is between 80 percent and 120 percent of the area's median income as defined in Health and Safety Code Section 50093 (Government Code Section 65915(b)(1)(D)).

B.

Affordable Housing Benefits. Means one or more of the following:

1.

A density bonus pursuant to Section 19.72.070.

2.

An incentive pursuant to Section 19.72.110.

3.

A development standard waiver or modification pursuant to Section 19.72.140.

4.

A parking standard modification pursuant to Section 19.72.150.

C.

Affordable Housing Cost. The definition set forth in Health and Safety Code Section 50052.5 (Government Code Section 65915(c)(1)).

D.

Affordable Housing Developer. The applicant or permittee of a qualified housing development and its assignees or successors in interest.

E.

Affordable Rent. The definition set forth in Health and Safety Code Section 50053 (Government Code Section 65915(c)(1)).

F.

Child Care Facility. A child day care 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 (Government Code Section 65915(h)(4)).

G.

Common Interest Development. Any of the following: a community apartment project, a condominium project, a planned development, and a stock cooperative pursuant to Civil Code Section 1351(c) and pursuant to Civil Code Section 4100. All common interest development units must be offered to the public for purchase (Government Code Section 65915(b)(1)(D)).

H.

Condominium Conversion Project. A residential project in which the applicant proposes to convert apartment units to condominiums pursuant to Government Code Section 65915.5(a).

I.

Density Bonus. A process by which a city can increase the density within a development project by a percentage established by law or through which the city offers incentives that support economic viability in return for guarantees with respect to the preservation of the rights of use or sale for affordable housing purposes.

J.

Density Bonus Units. Dwelling units granted pursuant to Section 19.72.040 which exceed the otherwise maximum allowable residential density.

K.

Development Standard. A site or construction condition, including but not limited to a height limitation, a setback requirement, a floor area ratio, an on-site open-space requirement, or a parking ratio, that applies to a residential development pursuant to the Development Code, the General Plan or other City condition, law, policy, resolution, or regulation (Government Code Section 65915(o)(1)).

L.

Housing Development. A development project of five or more residential units and includes a subdivision or common interest development that is approved by the City and consists of residential units or unimproved residential lots, and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling where the result of the rehabilitation would be a net increase in available residential units (Government Code Section 65915(i)).

M.

Incentive. Means "incentives and concessions" as that phrase is used in Government Code Section 65915.

N.

Market-rate Unit. A dwelling unit that is not an affordable unit.

O.

Maximum Allowable Residential Density. The density allowed under the Development Code and the Land Use Element of the General Plan, or if a range of density is permitted, means the maximum allowable density for the specific district density range applicable to the project. If the density allowed under the Development Code is inconsistent with the density allowed under the Land Use Element of the General Plan, the General Plan density shall prevail (Government Code Section 65915(o)(2)).

P.

Minimum Affordable Housing Component. A housing development project that includes a minimum of any of the following:

1.

Very Low Income Minimum Affordable Housing Component - Provides at least 5 percent of the total units for very low-income household residents (Government Code Section 65915(b)(1)(B)); or

2.

Low Income Minimum Affordable Housing Component - Provides at least 10 percent of the total units for low-income households (Government Code Section 65915(b)(1)(A)); or

3.

Moderate Income Minimum Affordable Housing Component - Provides at least 10 percent of the total dwelling units in a common interest development for moderate-income households (Government Code Section 65915(b)(1)(D)).

Q.

Other Incentives of Equivalent Financial Value. The reduction or waiver of requirements which the City might otherwise apply as conditions of condominium conversion approval, but shall not be construed to require the City to provide cash transfer payments or other monetary compensation (Government Code Section 65915.5(c)).

R.

Qualified Housing Development. A housing development that meets the requirements of Section 19.72.040 for density bonus.

S.

Qualified Land. Land offered for donation in accordance with Section 19.72.100 that meets the criteria set forth in SubSection 19.72.100.A.

T.

Senior Citizen Housing Development. A residential development that is developed, substantially rehabilitated, or substantially renovated for senior citizens and that has at least 35 senior citizen housing development units (Government Code Section 65915(b)(1)(C)).

U.

Senior Citizen Housing Development Unit. A residential dwelling unit in a senior citizen housing development that is available to, and occupied by, a senior citizen as defined in Civil Code Section 51.3.

V.

Specific, Adverse Impact. 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 the application for the housing development was deemed complete. Inconsistency with the Development Code or General Plan land use designation shall not constitute a specific, adverse impact upon the public health or safety (Government Code Section 65589.5(d)(2)).

W.

Total Units and Total Dwelling Units. Dwelling units other than density bonus units (Government Code Section 65915(b)(3)).

(Ord. No. 308, § 4(Exh. A), 9-26-2023)

A.

Density bonuses are available to affordable housing developers in accordance with this Chapter for the following:

1.

The city shall grant one (1) density bonus as specified in this Section, and incentives or concessions as described in this Section, when an applicant seeks and agrees to construct a housing development, excluding any units permitted by the density bonus awarded pursuant to this Section, that will contain at least any one (1) of the following:

a.

Ten percent of the total units of a housing development for rental or sale to lower income households, as defined in Section 50079.5 of the Health and Safety Code.

b.

Five percent of the total units of a housing development for rental or sale to very low income households, as defined in Section 50105 of the Health and Safety Code.

c.

A senior citizen housing development, as defined in Sections 51.3 and 51.12 of the Civil Code, or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code.

d.

Ten percent of the total dwelling units of a housing development are for rental or sale to persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code.

e.

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. Sec. 11301 et seq.). The units described in this subparagraph shall be subject to a recorded affordability restriction of 55 years and shall be provided at the same affordability level as very low income units.

f.

Twenty percent of the total units for lower income students in a student housing development that meets the following requirements:

i.

All units in the student housing development will be used exclusively for undergraduate, graduate, or professional students enrolled full time at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges. In order to be eligible under this subclause, the developer shall, as a condition of receiving a certificate of occupancy, provide evidence to the city, county, or city and county that the developer has entered into an operating agreement or master lease with one or more institutions of higher education for the institution or institutions to occupy all units of the student housing development with students from that institution or institutions. An operating agreement or master lease entered into pursuant to this subclause is not violated or breached if, in any subsequent year, there are not sufficient students enrolled in an institution of higher education to fill all units in the student housing development.

ii.

The applicable 20-percent units will be used for lower income students.

iii.

The rent provided in the applicable units of the development for lower income students shall be calculated at 30 percent of 65 percent of the area median income for a single-room occupancy unit type.

iv.

The development will provide priority for the applicable affordable units for lower income students experiencing homelessness. A homeless service provider, as defined in paragraph (3) of subdivision (e) of Section 103577 of the Health and Safety Code, or institution of higher education that has knowledge of a person's homeless status may verify a person's status as homeless for purposes of this subclause.

v.

For purposes of calculating a density bonus granted pursuant to this subparagraph, the term "unit" as used in this Section means one rental bed and its pro rata share of associated common area facilities. The units described in this subparagraph shall be subject to a recorded affordability restriction of 55 years.

g.

100 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.

B.

For the purpose of calculating a density bonus, the residential units must be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels (Government Code Section 65915(i)).

(Ord. No. 308, § 4(Exh. A), 9-26-2023)

A.

Application Filing and Processing. When an applicant seeks a density bonus for a housing development that meets the criteria in Section 19.72.070, the affordable housing developer must comply with all the following requirements:

1.

File an application for a density bonus in accordance with this Section that includes a minimum affordable housing component, whether or not the project also requires or has been granted a Conditional Use Permit or other permits or approvals (Government Code Section 65915(d)(1)).

2.

State in the application the specific minimum affordable housing component proposed for the housing development (Government Code Section 65915(b)(2)).

Enter into an agreement with the City or its designee pursuant to Section 19.72.180 (Affordable Housing Agreement and Equity Sharing Agreement) to maintain and enforce the affordable housing component of the housing development (Government Code Section 65915(c)).

B.

Application Fees. Application fees shall be collected in accordance with Section 19.28.050 (Applications and Fees).

1.

If an application for a density bonus requires an unusual amount or specialized type of study or evaluation by City staff, consultant or legal counsel, City staff shall estimate the cost thereof and require the applicant to pay an additional fee or make one or more deposits to pay such cost before the study or evaluation is begun. On completion of the study or evaluation, and before the City Council decides the application, City staff shall determine the actual cost of the work and the difference between the actual cost and the amount paid by the applicant, and shall require the applicant to pay any deficiency or shall refund to the applicant any excess.

(Ord. No. 308, § 4(Exh. A), 9-26-2023)

19.72.060 - Effect of Proposal for Waiver or Reduction of Development Standards

A.

In no case may the city apply any development standard that will have the effect of physically precluding the construction of a development meeting the criteria of Section 19.72.040 at the densities or with the concessions or incentives permitted by this Section. An applicant may submit to the city a proposal for the waiver or reduction of development standards that will have the effect of physically precluding the construction of a development meeting the criteria of subSection C at the densities or with the concessions or incentives permitted under this Section, and may request a meeting with the city. If a court finds that the refusal to grant a waiver or reduction of development standards is in violation of this Section, the court shall award the plaintiff reasonable attorney's fees and costs of suit. Nothing in this subdivision shall be interpreted to require the city to waive or reduce development standards if the waiver or reduction would have a specific, adverse impact, as defined in paragraph (2) of subSection (d) of Section 65589.5, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. Nothing in this subdivision shall be interpreted to require the city to waive or reduce development standards that would have an adverse impact on any real property that is listed in the California Register of Historical Resources or to grant any waiver or reduction that would be contrary to state or federal law.

B.

A proposal for the waiver or reduction of development standards pursuant to this subdivision shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to 19.72.040.

(Ord. No. 308, § 4(Exh. A), 9-26-2023)

19.72.070 - Density Bonus Allowance for Housing Development with Affordable Housing Component

A.

The amount of density bonus to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the percentage established in 19.72.040.

1.

For housing developments meeting the criteria of subSection 19.72.040(A)(1)(a), the density bonus shall be calculated as follows:

2.

For housing developments meeting the criteria of subSection 19.72.040(A)(1)(b), the density bonus shall be calculated as follows:

3.

For housing developments meeting the criteria of subSection 19.72.040(A)(1)(c) and (e), the density bonus shall be twenty percent (20%).

4.

For housing developments meeting the criteria of subSection 19.72.040(A)(1)(f), the density bonus shall be thirty-five percent (35%).

5.

For housing development meeting the criteria of subSection 19.72.040(A)(1)(g), the following shall apply:

i.

The density bonus shall be 80 percent of the number of units for lower income households.

ii.

If the housing development is located within one-half mile of a major transit stop, the city shall not impose any maximum controls on density.

6.

For housing developments meeting the criteria of subSection 19.72.040(A)(1)(d), the density bonus shall be calculated as follows:

C.

All density calculations resulting in fractional units shall be rounded up to the next whole number (Government Code Section 65915(f)(5)).

(Ord. No. 308, § 4(Exh. A), 9-26-2023)

19.72.080 - Density Bonus for Housing Development with Affordable Housing Component and Child Care Facility

A.

When an applicant proposes to construct a housing development that includes affordable units as specified in subSection C and includes a child daycare facility that will be located on the premises of, as part of, or adjacent to such housing development, the city shall grant either of the following if requested by the developer.

a.

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

b.

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

B.

A housing development shall be eligible for the density bonus or concession described in this subSection if the city, as a condition of approving the housing development, requires all of the following to occur:

a.

The child daycare facility will remain in operation for a period of time that is as long as or longer than the period of time during which the affordable housing units are required to remain affordable pursuant to Section 19.72.040.

b.

Of the children who attend the child daycare facility, the percentage of children of very low income households, lower income households, or moderate income households shall be equal to or greater than the percentage of affordable housing units that are proposed to be affordable to very low income households, lower income households, or moderate income households.

c.

Notwithstanding any requirement of this subSection, the city shall not be required to provide a density bonus or concession for a child daycare facility if it finds, based upon substantial evidence, that the community already has adequate child daycare facilities.

C.

The application and review process for the provision of child daycare facilities and related density bonus or concessions or incentives is set forth in Section 19.72.160.

(Ord. No. 308, § 4(Exh. A), 9-26-2023)

19.72.090 - Density Bonus for Condominium Conversions

Developer converting condominiums of a housing development of five (5) units or more who seeks a density bonus, shall make such application in conjunction with its tract map application pursuant to the Subdivision Map Act, and consistent with Government Code Section 65915.5. Any appeal of any concession or incentive or review by the planning commission or city council shall automatically require an appeal of the underlying map to that body. An applicant shall be ineligible for a density bonus or other incentives under this Section if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentives were provided under Government Code Section 65915.

(Ord. No. 308, § 4(Exh. A), 9-26-2023)

19.72.100 - Density Bonus for Land Donations

A.

When a developer of a housing development donates land to the city as provided for in this subSection, the applicant shall be entitled to a fifteen percent (15%) increase above the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan for the entire housing development, as follows:

This increase shall be in addition to any increase in density mandated by subSection C, up to a maximum combined mandated density increase of thirty-five percent (35%), if an applicant seeks both the increase required pursuant to this subSection and subSection C. All density calculations resulting in fractional units shall be rounded up to the next whole number. Nothing in this subSection shall be construed to enlarge or diminish the city's authority to require an applicant to donate land as a condition of development.

1.

An applicant shall be eligible for the increased density bonus described in this Section if the city is able to make all the following findings:

a.

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

b.

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 (10%) of the number of residential units of the proposed development.

c.

The transferred land is at least one (1) acre in size or of sufficient size to permit development of at least forty (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. The land shall have appropriate zoning and development standards to make the development of the affordable units

at least one (1) acre in size or of sufficient size to permit development of at least forty (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. The land shall have appropriate zoning and development standards to make the development of the affordable units

feasible. No later than the date of approval of the final subdivision map, parcel map, or development application for the housing development, the transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of very low income housing units on the transferred land, except that the city may subject the proposed development to subsequent design review to the extent authorized by subdivision (i) of Government Code Section 65583.2 if the design is not reviewed by the local government prior to the time of transfer.

d.

The transferred land and the very low income units constructed on the land 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 dedication.

e.

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 city-approved developer.

f.

The transferred land shall be within the boundary of the proposed development or, if the city agrees in writing, within one-quarter (¼) mile of the boundary of the proposed development.

g.

A proposed source of funding for the very low income units shall be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application.

B.

All density calculations resulting in fractional units shall be rounded up to the next whole number (Government Code Section 65915(g)(2)).

(Ord. No. 308, § 4(Exh. A), 9-26-2023)

A.

Government Code SubSections 65915(d), (j), (k) and (1) govern the following provisions regarding affordable housing incentives.

B.

Qualifications for Incentives. Subject to Section 19.72.130 (Criteria for Denial of Application for Incentives), all of the following applicable requirements must be satisfied to be granted an incentive(s) pursuant to SubSection 19.72.110.B and Section 19.72.120 (Number of Incentives Granted):

The applicant for an incentive must also be an applicant for a density bonus and qualify for a density bonus pursuant to Section 19.72.040 (Government Code Section 65915(d)(1)).

2.

A specific written proposal for an incentive(s) must be submitted with the application for density bonus (Government Code Section 65915(b)(1) and (d)(1)).

3.

If an incentive(s) pursuant to Sections 19.72.110 and 19.72.120 is sought, the applicant must establish that each requested incentive would result in identifiable, financially sufficient, and actual cost reductions for the qualified housing development (Government Code Section 65915(k)(1) & (3)).

4.

If an incentive(s) pursuant to SubSection 19.72.110.B(2) is sought, the applicant must establish that requirements of that Section are met (Government Code Section 65915(k)(2)).

5.

If an additional incentive for a child care facility is sought pursuant to SubSection 19.72.120.B, the applicant must establish that requirements of that Section are met (Government Code Section 65915(h)(1) (B)).

6.

The granting of an incentive shall not be interpreted, in and of itself, to require a General Plan Amendment, Zoning Change, or other discretionary approval (Government Code Section 65915(j)). An incentive is applicable only to the project for which it is granted. An applicant for an incentive may request a meeting with the Community Development Director (Director) and, if requested, the Director will meet with the applicant to discuss the proposal (Government Code Section 65915(d)(1)).

C.

Types of Incentives. For the purposes of this Chapter, incentive or consession means any of the following:

1.

A reduction in site development standards or a modification of Development Code requirements or design guidelines that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with 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 (Government Code Section 65915(k)(1)).

2.

Approval of mixed-use zoning in conjunction with the qualified housing development if commercial, office, industrial or other land uses will reduce the cost of the qualified housing development and if the

commercial, office, industrial or other land uses are compatible with the qualified housing development and the existing or planned development in the area where the proposed qualified housing development will be located (Government Code Section 65915(k)(2)).

3.

Other regulatory incentives proposed by the affordable housing developer or the City that result in identifiable, financially sufficient, and actual cost reductions (Government Code Section 65915(k)(3)).

4.

For purposes of this Section, the parking ratios set forth in Government Code Section 65915 for qualified affordable housing projects shall be deemed a concession or incentive available to the applicant.

5.

Nothing in this Section limits or requires the provision of direct financial incentives by the City for the qualified housing development, including the provision of publicly owned land, or the waiver of fees or dedication requirements (Government Code Section 65915(1)).

(Ord. No. 308, § 4(Exh. A), 9-26-2023)

19.72.120 - Number of Incentives Granted

A.

Subject to Section 19.72.130 (Criteria for Denial of Application for Incentives), the applicant who meets the requirements of SubSection 19.72.110.A shall receive the following number of incentives described below and as shown in Table 19.72.120-1.

1.

One incentive for qualified housing development projects that include at least 5 percent for very lowincome households, at least 10 percent of the total units for low-income households, or at least 10 percent for persons and families of moderate-income households in a development in which the units are for rental or sale.

2.

Two incentives for housing developments that include: At least seventeen percent (17%) of the total units affordable to lower income households; or at least ten percent (10%) of the total units affordable to very low income households; or at least twenty percent (20%) of the total units affordable to persons and families of moderate income in a development in which the units are for rental or sale..

3.

Three incentives for housing developments that include: At least twenty-four percent (24%) of the total units for lower income households; or at least fifteen percent (15%) for very low income households; or at least thirty percent (30%) for persons and families of moderate income in a development in which the units are for rental or sale.

4.

Four (4) incentives of concessions if the project includes 100% affordable housing units, excluding the manager's unit. If the project is within one-half mile of a major transit stop, the applicant shall also receive a height increase of up to three additional stories, or 33 feet.

5.

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

(Ord. No. 308, § 4(Exh. A), 9-26-2023)

19.72.130 - Criteria for Denial of Application for Incentives

A.

Except as otherwise provided in this Chapter or by state law, if the requirements of SubSection 19.72.110.A are met, the City shall grant the incentive(s) that are authorized by SubSection 19.72.110.B and Section 19.72.120 unless a written finding, based upon substantial evidence, is made with respect to any of the following, in which case the City may refuse to grant the incentive(s):

1.

The incentive is not required in order to provide affordable housing costs or affordable rents for the affordable units subject to the qualified housing development application (Government Code Section 65915(d)(1)(A)).

2.

The incentive would have a specific, adverse impact, as defined in Government Code Section 65589.5(d) (2), upon the 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 low- and moderate-income households (Government Code Section 65915(d)(1)(B); Government Code Section 65915 (d)(3)).

3.

The incentive would be contrary to state or federal law (Government Code Section 65915(d)(1)(C)).

4.

The community has adequate child care facilities, in which case the additional incentive for a child care facility pursuant to SubSection 19.72.120.B may be denied (Government Code Section 65915(h)(3)).

(Ord. No. 308, § 4(Exh. A), 9-26-2023)

19.72.140 - Waiver or Modification of Development Standards

A.

Requirements for Waiver or Modification of Development Standards.

1.

Application. To qualify for a waiver or reduction of one or more development standards, the applicant must submit a written application (together with an application for a qualified housing development) that states the specific development standard(s) sought to be modified or waived and the basis of the request (Government Code Section 65915(e)(1)). An applicant for a waiver or modification of development standard(s) pursuant to this Section may request a meeting with the Director to review the proposal. If requested, the Director shall meet with the applicant (Government Code Section 65915(e)(1)). An application for the waiver or reduction of development standard(s) pursuant to this Section shall neither reduce nor increase the number of incentives to which the applicant is entitled pursuant to Section 19.72.110 (Government Code Section 65915(e)(2)).

2.

Findings. All of the following findings must be made for each waiver or reduction requested:

a.

The development standard for which a waiver or reduction is requested will have the effect of physically precluding the construction of the proposed qualified housing development at the densities or with the incentives permitted under this Chapter (Government Code Section 65915(e)(1)).

b.

The requested waiver or reduction of a development standard will not have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2), upon the health, safety and/or physical environment or, if such a specific, adverse impact exists, there is a feasible method to satisfactorily mitigate or avoid the specific, adverse impact (Government Code Section 65915(e)(1)).

c.

The requested waiver or reduction of a development standard will not have an adverse impact on any real property that is listed in the California Register of Historical Resources (Government Code Section 65915(e) (1)).

d.

The requested waiver or reduction of a development standard is not contrary to state or federal law (Government Code Section 65915(e)(1)).

3.

Granting Application for Waiver or Modification of Development Standards. If the requirements of SubSection 19.72.140.A are satisfied, the application for waiver or modification of development standard(s) shall be granted, and the City shall not apply a development standard that will have the effect of physically

precluding the construction of a qualified housing development at the densities or with the incentives permitted by this Chapter (Government Code Section 65915(e)(1)).

(Ord. No. 308, § 4(Exh. A), 9-26-2023)

19.72.150 - Parking Standard Modifications for Qualified Housing Developments

A.

Requirements for Parking Standard Modifications. Parking standard modifications pursuant to SubSection 19.72.150.B are available only for qualified housing developments. An application for parking standard modifications stating the specific modification requested pursuant to SubSection 19.72.150.B must be submitted with the qualified housing development application (Government Code Section 65915(p)(3)).

B.

Parking Standard Modifications. If the requirements of SubSection 19.72.150.A are met, the vehicular parking ratio, inclusive of handicapped and guest parking, shall not exceed the following ratios (Government Code Section 65915(p)(1)), except where noted under SubSection 19.72.150.C (Exceptions):

1.

Zero to one bedroom: one on-site parking space.

2.

Two to three bedrooms: one and one-half (1 ½) on-site parking spaces.

3.

Four and more bedrooms: two and one-half on-site parking spaces.

If the total number of spaces required results in a fractional number, it shall be rounded up to the next whole number.

C.

Exceptions. Upon request of the applicant, the following maximum parking standards shall apply, inclusive of handicap and guest parking, to the entire housing development subject to this Chapter, as required by Government Code Section 65915(p)(2):

1.

A maximum of 0.5 parking spaces per bedroom shall apply when all the following conditions apply:

a.

The development includes at least 20 percent low-income units or at least 11 percent very low income units.

b.

The development is located within .5 mile of a major transit stop, as defined in subdivision (b) of Section 21155 of the Public Resources Code.

c.

There is unobstructed access to the major transit stop from the development. A development shall have unobstructed access to a major transit stop if a resident is able to access the major transit stop without encountering natural or constructed impediments.

2.

A maximum of 0.5 parking spaces per unit shall apply when all the following conditions apply:

a.

The development consists solely of rental units, exclusive of a manager's unit or units, with an affordable housing cost to lower-income families, as provided in Section 50052.5 of the Health and Safety Code.

b.

The development is located within .5 mile of a major transit stop, as defined in subdivision (b) of Section 21155 of the Public Resources Code.

c.

There is unobstructed access to the major transit stop from the development. A development shall have unobstructed access to a major transit stop if a resident is able to access the major transit stop without encountering natural or constructed impediments.

3.

A maximum of 0.5 parking spaces per unit shall apply when all the following conditions apply:

a.

The development includes at least 40 percent moderate income units, exclusive of a manager's unit or units.

b.

The development is located within .5 mile of a major transit stop, as defined in subdivision (b) of Section 21155 of the Public Resources Code.

c.

There is unobstructed access to the major transit stop from the development. A development shall have unobstructed access to a major transit stop if a resident is able to access the major transit stop without encountering natural or constructed impediments.

If a development consists solely of rental units, exclusive of a manager's unit or units, with an affordable housing cost to lower income families, then, upon the request of the developer, the city shall not impose vehicular parking standards if the development meets either of the following criteria:

a.

The development is located within one-half mile of a major transit stop and there is unobstructed access to the major transit stop from the development.

b.

The development is a for-rent housing development for individuals who are 62 years of age or older that complies with Sections 51.2 and 51.3 of the Civil Code and the development has either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day.

5.

If a development consists solely of rental units, exclusive of a manager's unit or units, with an affordable housing cost to lower income families, and the development is either a special needs housing development, as defined in Section 51312 of the Health and Safety Code, or a supportive housing development, as defined in Section 50675.14 of the Health and Safety Code, then, upon the request of the developer, the city shall not impose any minimum vehicular parking requirement. A development that is a special needs housing development shall have either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day.

D.

If the total number of parking spaces required for the qualified housing development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this Section, "on-site parking" may be provided through tandem parking or uncovered parking, but not through on-street parking (Government Code Section 65915(p)(2)).

E.

Except as otherwise provided in this Section, all other provisions of Chapter 19.82 (Off-Street Parking and Loading) applicable to residential development apply.

F.

An applicant may request additional parking incentives beyond those provided in this Section if applied for pursuant to Section 19.72.110 (Government Code Section 65915(p)(3)).

G.

Notwithstanding allowances in SubSection 19.72.150.C above, if the City or an independent consultant has conducted an area-wide or jurisdiction-wide parking study in the last seven years, then the City may impose a higher vehicular parking ratio not to exceed the ratio described in SubSection 19.72.150.B above, based on substantial evidence found in the parking study that includes, but is not limited to, an analysis of

parking availability, differing levels of transit access, walkability access to transit services, the potential for shared parking, the effect of parking requirements on the cost of market-rate and subsidized developments, and the lower rates of car ownership for low- and very low-income individuals, including seniors and special needs individuals. The City shall pay the costs of any new study. The City shall make findings, based on a parking study completed in conformity with this paragraph, supporting the need for the higher parking ratio.

(Ord. No. 308, § 4(Exh. A), 9-26-2023)

19.72.160 - Density Bonus and Affordable Housing Incentive Program

A.

Project Design and Phasing. Projects seeking an affordable housing benefit pursuant to this Chapter must comply with the following requirements, unless otherwise specified in writing by the Director:

1.

Location/Dispersal of Units. Affordable units shall be reasonably dispersed throughout the development where feasible and shall contain on average the same (or greater) number of bedrooms as the market-rate units.

2.

Phasing. If a project is to be developed in phases, each phase must contain the same or substantially similar proportion of affordable units and market-rate units.

3.

Exterior Appearance. The exterior appearance and quality of the affordable units must be similar to the market-rate units. The exterior materials and improvements of the affordable units must be similar to, and architecturally compatible with, the market-rate units.

B.

Application Requirements. An application for one or more affordable housing benefits must be submitted as follows:

1.

Each affordable housing benefit requested must be specifically stated in writing on the application form provided by the City.

2.

The application must include the information and documents necessary to establish that the requirements of this Chapter are satisfied for each affordable housing benefit requested, including:

a.

For density bonus requests, that the requirements of Section 19.72.040 are met;

b.

For incentive requests, that the requirements of Section 19.72.110 are met;

c.

For development standard waiver or modification requests, that the requirements of Section 19.72.140 are met; and/or

d.

For parking standard modification requests, that the requirements of Section 19.72.150 are met.

3.

The application must be submitted concurrently with a complete application for a qualified housing development.

4.

The application must include a site plan that complies with and includes the following:

a.

For senior citizen housing development projects, the number and location of proposed total units and density bonus units.

b.

For all qualified housing development projects other than senior citizen housing development projects, the number and location of proposed total units, affordable units, and density bonus units. The density bonus units shall be permitted in geographic areas of the qualified housing development other than the areas where the affordable units are located (Government Code Section 65915(i)).

c.

The location, design, and phasing criteria required by SubSection 19.72.160.A, including any proposed development standard(s) modifications or waivers pursuant to Section 19.72.140.

5.

The application for a qualified housing development must state the level of affordability of the affordable units and include a proposal for compliance with Section 19.72.180 for ensuring affordability.

6.

If a density bonus is requested for a qualified land donation pursuant to Section 19.72.100, the application must show the location of the qualified land in addition to including sufficient information to establish that each requirement in Section 19.72.100 has been met.

7.

If an additional density bonus or incentive is requested for a child care facility pursuant to Section 19.72.080, the application shall show the location and square footage of the child care facility in addition to including sufficient information to establish that each requirement in Section 19.72.080 has been met.

C.

An application for an affordable housing benefit under this Chapter will not be processed until all of the provisions of this Section are complied with as determined by the Director and shall be processed concurrently with the application for the qualified housing development project for which the affordable housing benefit is sought. Prior to the submittal of an application for a qualified housing development, an applicant may submit to the Director a preliminary proposal for affordable housing benefits. The Director shall, within 90 days of receipt of a written proposal, notify the applicant of the Director's preliminary response and schedule a meeting with the applicant to discuss the proposal and the Director's preliminary response.

(Ord. No. 308, § 4(Exh. A), 9-26-2023)

19.72.170 - Determination on Density Bonus and Affordable Housing Incentive Program Requirements

A.

The decision-making body for the underlying qualified housing development application is authorized to approve or deny an application for an affordable housing benefit in accordance with this Chapter.

1.

Affordable Housing Benefit Determinations. An application for an affordable housing benefit shall be granted if the requirements of this Chapter are satisfied unless:

a.

The application is for an incentive for which a finding is made in accordance with Section 19.72.130; or

b.

The underlying application for the qualified housing development is not approved independent of and without consideration of the application for the affordable housing benefit.

2.

Affordable Housing Benefit Compliance Provisions. To ensure compliance with this Chapter and state law, approval of an application for an affordable housing benefit may be subject to, without limitation:

a.

The imposition of conditions of approval to the qualified housing development, including imposition of fees necessary to monitor and enforce the provisions of this Chapter;

b.

An affordable housing agreement and, if applicable, an equity sharing agreement pursuant to Section 19.72.180; and

c.

Recorded deed restriction implementing conditions of approval and/or contractual or legally mandated provisions.

3.

A decision regarding an affordable housing benefit application is subject to the appeal provisions of Section 19.28.120 (Appeals).

(Ord. No. 308, § 4(Exh. A), 9-26-2023)

A.

General Requirements. No density bonus pursuant to Section 19.72.040 (Eligibility for Density Bonuses and Incentives) shall be granted unless and until the affordable housing developer, or its designee approved in writing by the Director, enters into an affordable housing agreement and, if applicable, an equity sharing agreement, with the City or its designee pursuant to and in compliance with this Section (Government Code Section 65915(c)). The agreements shall be in the form provided by the City, which shall contain terms and conditions mandated by, or necessary to implement, state law and this Article. The Director may designate a qualified administrator or entity to administer the provisions of this Section on behalf of the City. The affordable housing agreement shall be recorded prior to, or concurrently with, final map recordation or, where the qualified housing development does not include a map, prior to issuance of a Building Permit for any structure on the site. The Director is hereby authorized to enter into the agreements authorized by this Section on behalf of the City upon approval of the agreements by City Attorney for legal form and sufficiency.

B.

Low- or Very Low-Income Minimum Affordable Housing Component or Senior Citizen Housing Development.

1.

The affordable housing developer of a qualified housing development based upon the inclusion of lowincome and/or very low-income affordable units must enter into an agreement with the City to maintain the continued affordability of the affordable units for 55 years (for rental units) or 30 years (for for-sale units), or a longer period if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program, as follows (Government Code Section 65915(c)(1)). The agreement shall establish specific compliance standards and specific remedies available to the City if such compliance standards are not met. The agreement shall, among other things, specify the number of lowerincome affordable units by number of bedrooms; standards for qualifying household incomes or other

qualifying criteria, such as age; standards for maximum rents or sales prices; the person responsible for certifying tenant or owner incomes; procedures by which vacancies will be filled and units sold; required annual report and monitoring fees; restrictions imposed on lower-income affordable units on sale or transfer; and methods of enforcing such restrictions.

2.

Rental Units. Rents for the low-income and very low-income affordable units that qualified the housing development for the density bonus pursuant to Section 19.72.040 shall be set and maintained at an affordable rent (Government Code Section 65915(c)(1)). The agreement shall set rents for the lower-income density bonus units at an affordable rent as defined in California Health and Safety Code Section 50053. The agreement shall require that owner-occupied units be made available at an affordable housing cost as defined in the Health and Safety Code Section 50052.5.

3.

For-Sale Units. Owner-occupied low-income and very low-income affordable units that qualified the housing development for the density bonus pursuant to Section 19.72.040 shall be available at an affordable housing cost (Government Code Section 65915(c)(1)). The affordable housing developer of a

qualified housing development based upon a very low- or low-income minimum affordable component shall enter into an equity sharing agreement with the City or developer. The agreement shall be between the City and the buyer or the developer and the buyer if the developer is the seller of the unit. The City shall enforce the equity sharing unless it is in conflict with the requirements of another public funding source or law (Government Code Section 65915(c)(2)). The equity sharing agreement shall include at a minimum the following provisions:

a.

Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. The City shall recapture any initial subsidy, as defined in subparagraph (b), and its proportionate share of appreciation, as defined in subparagraph (c), which amount shall be used within five years for any of the purposes described in subdivision (e) of Section 33334.2 of the Health and Safety Code that promote homeownership.

b.

For purposes of this Section, the City's initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the very low-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 shall be used as the initial market value.

c.

For purposes of this subdivision, the City's proportionate share of appreciation shall be equal to the ratio of the City's initial subsidy to the fair market value of the home at the time of initial sale.

Senior Units. At least 35 senior citizen housing development units are maintained and available for rent or sale to senior citizens as defined in Civil Code Section 51.3.

C.

Moderate Income Minimum Affordable Housing Component.

1.

The affordable housing developer of a qualified housing development based upon the inclusion of moderate-income affordable units in a common interest development must enter into an agreement with the City ensuring that:

a.

The initial occupants of the moderate-income affordable units that are directly related to the receipt of the density bonus are persons and families of a moderate-income household.

b.

The units are offered at an affordable housing cost (Government Code Section 65915(c)(2)).

2.

The affordable housing developer of a qualified housing development based upon a moderate-income minimum affordable component shall enter into an equity sharing agreement with the City or developer (Government Code Section 65915(c)(2)). The agreement shall be between the City and the buyer or the developer and the buyer if the developer is the seller of the unit. The City shall enforce the equity sharing agreement unless it is in conflict with the requirements of another public funding source or law (Government Code Section 65915(c)(2)). The equity sharing agreement shall include at a minimum the following provisions:

a.

Upon resale, the seller of the unit shall retain the value of improvements, the down payment, and the seller's proportionate share of appreciation. The City shall recapture any initial subsidy, as defined in subparagraph (b), and its proportionate share of appreciation, as defined in subparagraph (c), which amount shall be used within five years for any of the purposes described in Health and Safety Code Section 33334.2(e) that promote homeownership (Government Code Section 65915(c)(2)(A)).

b.

The City's initial subsidy shall be equal to the fair market value of the unit 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 shall be used as the initial market value (Government Code Section 65915(c)(2)(B)).

c.

The City's proportionate share of appreciation shall be equal to the ratio of the City's initial subsidy to the fair market value of the unit at the time of initial sale (Government Code Section 65915(c)(2)(C)).

D.

Minimum Affordable Housing Component and Child Care Facility. If an additional density bonus or incentive is granted because a child care facility is included in the qualified housing development, the affordable housing agreement shall also include the affordable housing developer's obligations pursuant to Section 19.72.080 for maintaining a child care facility, if not otherwise addressed through conditions of approval.

(Ord. No. 308, § 4(Exh. A), 9-26-2023)

19.72.190 - Reserved. 19.72.200 - Enforcement Provisions

A.

Occupancy. Prior to occupancy of an affordable unit, the household's eligibility for occupancy of the affordable unit must be demonstrated to the City. This provision applies throughout the restricted time periods pursuant to Section 19.72.180 (Affordable Housing Agreement and Equity Sharing Agreement) and applies to any change in ownership or tenancy, including subletting, of the affordable unit.

B.

Ongoing Compliance. Upon request, the affordable housing developer must show that the affordable units are continually in compliance with this Chapter and the terms of the affordable housing agreement. Upon 30-day notice, the City may perform an audit to determine compliance with this Chapter and the terms of any agreement or restriction.

C.

Enforcement. The City has the authority to enforce the provisions of this Chapter, the terms of affordable housing agreements and equity sharing agreements, deed restrictions, covenants, resale restrictions, promissory notes, deed of trust, conditions of approval, permit conditions, and any other requirements placed on the affordable units or the approval of the qualified housing development. In addition to the enforcement powers granted in this Chapter, the City may, at its discretion, take any other enforcement action permitted by law, including those authorized by City ordinances. Such enforcement actions may include, but are not limited to, a civil action for specific performance of the restrictions and agreement(s), damages for breach of contract, restitution, and injunctive relief. The remedies provided for herein shall be cumulative and not exclusive and shall not preclude the City from seeking any other remedy or relief to which it otherwise would be entitled under law or equity.

(Ord. No. 308, § 4(Exh. A), 9-26-2023)

Chapter 19.73 - Commercial and Industrial Development Standards and Design Criteria