Chapter 17.23 — AFFORDABLE HOUSING, DENSITY BONUSES, AND INCENTIVES

This chapter is adopted in accordance with Section 65915 et seq., of the California Government Code. The purpose of this chapter is to establish a density increase and incentive program to provide both density increases and other incentives for owner-occupied and rental housing developments to encourage the creation of housing affordable to moderate, low, and very low income households, and to encourage the creation of housing for senior citizens. As used in this chapter, density bonus units are those units designated for senior citizens, or very low, low, or moderate income households that qualified the housing project for award of a density bonus or other incentives.

(Ord. 19-1 § 3)

This chapter shall be applicable to all zones that allow residential uses. (Ord. 19-1 § 3)

All proposed housing developments that qualify under California Government Code Section 65915 for a density increase and other incentives, and any qualified land transfer under California Government Code Section 65915 shall be eligible to apply for a density bonus (including incentives and/or concessions) consistent with the requirements, provisions and obligations set forth in California Government Code Section 65915 , as may be amended. (Ord. 19-1 § 3)

The City of West Sacramento shall grant qualifying housing developments and qualifying land transfers a density bonus, the amount of which shall be as specified in California Government Code Section 65915 et seq., and incentives or concessions also as described in California Government Code Section 65915 et seq.

(Ord. 19-1 § 3)

• A. An application for a density increase or other incentives under this chapter for a housing development shall be submitted in writing to the planning division of the City of West Sacramento to be processed concurrently with all other entitlements of the proposed housing development. The application for a housing development shall contain information sufficient to fully evaluate the request under the requirements of this chapter, and in connection with the project for which the request is made, including, but not limited to, the following:

  1. A brief description of the proposed housing development;

  2. The total number of housing units proposed in the development project, including unit sizes and number of bedrooms;

  3. The total number of units proposed to be granted through the density increase and incentive program over and above the otherwise maximum density for the project site;

  4. The total number of units to be made affordable to or reserved for sale, or rental to, very low-, low-or moderate-income households, or senior citizens, or other qualifying residents;

  5. The zoning, General Plan designations and assessor's parcel number(s) of the project site;

  6. A vicinity map and preliminary site plan, drawn to scale, including building footprints, driveway(s) and parking layout; and

  7. A list of any concession(s) or incentive(s) being requested to facilitate the development of the project, and a description of why the concession(s) or incentive(s) is needed.

• B. The application shall be considered by the Planning Commission and/or the City Council at the same time each considers the project for which the request is being made. If the project is not to be otherwise considered by the Planning Commission or the City Council, the request being made under this chapter shall be considered by the Community Development Director or designee, separately. The request shall be approved if the applicant complies with the provisions of California Government Code Section 65915 et seq.

• (Ord. 19-1 § 3)

Consistent with the provisions of California Government Code Section 65915 et seq., prior to a density increase or other incentives being approved for a project, the City of West Sacramento and the applicant shall agree to an appropriate method of assuring the continued availability of the density bonus units.

(Ord. 19-1 § 3)

If at least 20% of a housing development's units are sold or rented to low-income households, and the balance of the units are sold or rented to either low-or moderate-income households, it shall not be disapproved or conditioned in a manner which renders the project infeasible for development for the use of low-and moderate-income households unless the decision-making body finds, based upon substantial evidence, one of the following, pursuant to California Government Code Section 65589.5 :

• A. The project is not needed for the City to meet its share of the regional need of low-and/or moderate-income housing as outlined in the adopted Housing Element to the General Plan; or

• B. The project as proposed would have a specific, adverse impact upon the public health and safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the project unaffordable to low-and/or moderate-income households; or

• C. Denial of the project or imposition of conditions is required in order to comply with specific State or Federal law, and there is no feasible method to comply without rendering the project unaffordable to low-and/or moderate-income households; or

• D. Approval of the project would increase the concentration of low-income households in a neighborhood that already has a disproportionately high number of low-income households and there is no feasible method of approving the development at a different site, including sites identified in the adopted Housing Element, without rendering the development unaffordable to low and/or moderate income households; or

• E. The project is proposed on land zoned for resource preservation which is surrounded on at least two sides by land being used for agricultural or resource preservation purposes, or which does not have adequate water or wastewater facilities to serve the project; or

• F. The project is inconsistent with the land use designation as outlined in the adopted General Plan or in any General Plan element as it existed on the date the application for the project was deemed complete.

• (Ord. 19-1 § 3)