§ 17.58

The purpose and intent of this section is to implement Chapter 4.3 Density Bonuses and Other Incentives, Section 65915 et seq., of the California Government Code, and as amended from time to time, for the development of affordable housing developments and housing for special needs groups, which are incorporated herein by this reference.

(Ord. No. 650, § 3, 4-28-2025)

This chapter shall apply to residential, and the residential component of mixed-use projects providing moderate, low and very low income housing, senior housing developments, as well as certain projects that include daycare facilities, student housing, and donations of land, and for other housing types pursuant to the provisions and definitions of California Government Code Section 65915 et seq., of the in all zoning districts where residential uses are permitted.

(Ord. No. 650, § 3, 4-28-2025)

A.

Projects which meet the requirements set forth in this section shall qualify for a density bonus and an applicable number of concessions or incentives unless the city council adopts a written finding, based upon substantial evidence that any one (1) of the following exists:

1.

The concession or incentive is not required to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5, or for rents for the targeted units to be set at the required affordable levels, as specified in Government Code Section 65915(c).

2.

The concession or incentive would have a specific adverse impact, as defined in Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households.

3.

The disapproval 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 development unaffordable to very low and low-income households.

The development project is inconsistent with the city's General Plan land use designation as it existed on the date the application was deemed complete, and the city has adopted a housing element in compliance with state law.

B.

Project financial report. The applicant shall show in the form of a project financial report (financial pro forma) that the density bonus is necessary to make the housing units economically feasible, and the city may retain a consultant, at developer's sole cost, to review the project financial report and advise the city on the report. Where development and zoning standards exist, which would otherwise inhibit the utilization of the density bonus on specific sites, the city may waive or modify the standards consistent with the provisions of this section.

(Ord. No. 650, § 3, 4-28-2025)

A.

Density Bonus/Incentives Review. Density bonus/incentive review by the planning commission shall only be required for projects involving planning commission approval. If no legislative entitlement is required, the community development department staff shall have final approval authority on density bonus and incentives. Appeals of a planning commission decision must be in accordance with Chapter 17.70 of the Woodlake Municipal Code. If a rezone or General Plan amendment is part of the project, the planning commission shall make a recommendation on the density bonus and incentives request, but the city council shall have final approval authority as part of the total project. any special conditions of the city zoning ordinance pertaining to the project, and/or applicable development standards of the downtown area shall also apply.

B.

Regulatory Agreement. The city and applicant shall execute a regulatory agreement, ensuring compliance of the project with all applicable provisions and affordability restrictions as required under this section, State law, or other applicable affordable housing requirements, as well as equity sharing requirements if applicable. The regulatory agreement shall be recorded as a deed restriction with the county recorder's office running with the land and be binding upon all future owners, developers, and/or successors-ininterest. The regulatory agreement shall be recorded prior to the approval of a final map, or, where a map is not being processed, prior to the issuance of building permits for the parcel or units. Resale of moderateincome units shall be governed by Government Code Section 65915(c)(2). The regulatory agreement shall include at least the following:

a.

The total number of units approved for the housing development, including the number of target units.

b.

A description of the household income group to be accommodated by the housing development, and the standards for determining the corresponding affordable rent or affordable sales price and housing costs.

c.

The location, unit sizes, in square feet, and number of bedrooms of target units.

d.

Tenure of use restrictions for target units of at least ten (10) or thirty (30) years, in compliance with applicable laws.

e.

A schedule for completion and occupancy of target units.

f.

A description of the additional incentive(s) being provided by the city.

g.

A description of remedies for breach of the regulatory agreement by the owners, developers, and/or successors-in-interest of the project.

h.

Other provisions to ensure implementation and compliance with this section.

C.

Projects which meet the requirements of this chapter shall qualify for a density bonus as described below. The density bonus calculations shall be made in accordance with state density bonus law.

1.

A housing development is eligible for one (1) density bonus over the maximum residential density provided that the applicant agrees to construct the housing development, excluding any units permitted by the density bonus, with at least one (1) of the following, as provided by California Government Code Section 65915:

a.

Very low-income households.

b.

Low-income households

c.

Senior citizen housing developments or a mobile home park that limits residency based on age requirements for housing for older persons.

d.

Moderate-income households, provided that all of the dwelling units in the housing development are offered for sale to the public.

e.

Foster youth.

f.

Disabled veterans.

g.

Persons experiencing homelessness.

h.

Student housing.

i.

Child-care facilities.

j.

Land donation.

2.

Condominium Conversion. If a density bonus or incentive is requested for a condominium conversion, reasonable documentation that all of the requirements included in California Government Code Section 65915.5 can be met.

3.

Commercial projects which have entered into a partnered affordable housing development, pursuant to Government Code Section 65915.7 qualify for a development bonus as described below:

a.

Commercial Development Bonus. development bonus granted to the commercial developer shall mean incentives, mutually agreed upon by the developer and the jurisdiction, that may include, but are not limited to, an increase in allowable floor area ratio, an increase in allowable height requirements, or a reduction in minimum parking requirements, provided that the project meets the requirements of Government Code Section 65915.7.

(Ord. No. 650, § 3, 4-28-2025)

A.

Applicants of projects granted a density bonus may, by written proposal, seek a waiver, modification or reduction of other development standards that would otherwise have the effect of physically precluding the construction of the housing development at the densities or with the concessions or incentives, in accordance with, and described in Section 65915 of the California Government Code. However, the granting of a concession or incentive shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval. The number of incentives that may be requested shall be based upon the number the applicant is entitled to pursuant to state law.

B.

Whenever the following capitalized terms are used in this chapter, they shall have the respective meanings set forth in this section or as provided by Section 65915 of the California Government Code, as amended from time to time.

1.

"Developer incentives/concessions" means a reduction in site development standards or a modification of zoning ordinance requirements or architectural design requirements 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 and actual cost reductions, to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in Government Code Section 65915.

a.

Reduce or eliminate standards contained in the Subdivision Ordinance (Title 16); or

b.

Reduce or eliminate residential zone district requirements, including open space, lot size, setbacks, or parking standards.

c.

Reduce or eliminate any design requirements exceeding Building Code specifications.

2.

"Developer waiver" means reduction of development standards that will have the effect of physically precluding the construction of a development meeting the criteria at the densities or with the concessions or incentives permitted in Government Code Section 65915. The city shall not provide a waiver to reduce

development standards if the waiver or reduction would have a specific, adverse impact, as defined in Government Code Section 65589.5, upon health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. Additionally, the city shall not provide a waiver to 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.

3.

Requested Parking Reduction. In the event an application proposes a parking reduction for a housing development pursuant to California Government Code Section 65915, subdivision (p), a table showing parking required by the zoning regulations, parking proposed under Section 65915, subdivision (p), and reasonable documentation that the project is eligible for the requested parking reduction.

(Ord. No. 650, § 3, 4-28-2025)

A.

In addition, reasonable conditions for density bonuses and incentives may be imposed to assure continued availability of such housing as very low-, low- or moderate-income housing, or, for senior and special needs group housing developments as defined in Civil Code Sections 51.3 and 51.12.

1.

Those units targeted for low-income households shall be affordable at a rent that does not exceed current Housing and Urban Development (HUD) income limits for low-income households for the county adjusted for household size.

2.

Those units targeted for very low-income households shall be affordable at a rent that does not exceed current HUD income limits for very low-income households in the county adjusted for household size.

3.

The owner(s) shall maintain and keep on file documentation for the income level for each tenant occupying the target units.

4.

The owner(s) shall provide the city any additional information required by the city to ensure the long-term affordability of the target units by eligible households.

5.

The city shall have the right to inspect the owner's project-related records at any reasonable time and shall be entitled to audit the owner's records once a year.

The city may establish fees associated with the setting up and monitoring of target units.

7.

All ownership target units shall be occupied by their purchasers; no renting or leasing shall be allowed.

(Ord. No. 650, § 3, 4-28-2025)

17.58.070 - Permit Streamlining Procedures for Affordable Housing Projects.

The Housing Crisis Act (SB 330) addresses the state's housing shortage by expediting housing development, limiting local restrictions, and prohibiting the downsizing of residential properties to increase housing supply. Senate Bill 35 streamlines the approval process of affordable housing development by subjecting qualifying projects to a ministerial review process. Affordable housing development applications shall comply with all applicable provisions of state law, including but not limited to Government Code §§ 65913.4 (SB 35) and 65941.1 (SB 330), as may be amended.

(Ord. No. 650, § 3, 4-28-2025)

Eligibility. The Permit Streamlining Act (SB 330) requires public agencies to approve or disapprove of a development project within certain timeframes. The act requires the City of Woodlake, upon its determination that an application for a development project is incomplete, to include a list and a thorough description of the specific information needed to complete the application. Existing law authorizes the applicant to submit the additional material to the city, requires the city to determine whether the submission of the application together with the submitted materials is complete within thirty (30) days of receipt, and provides for an appeal process from the public agency's determination. Existing law requires a final written determination by the city on the appeal no later than sixty (60) days after receipt of the applicant's written appeal.

When a proposed housing development project complies with applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards, in effect at the time that the application was deemed complete, but the city proposes to disapprove the project or to impose a condition that the project be developed at a lower density, the city shall base its decision regarding the proposed housing development project upon written findings supported by a preponderance of the evidence on the record that both of the following conditions exist:

1.

The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density. A "specific, adverse impact" means 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 was deemed complete.

There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified pursuant to paragraph (1), other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density.

3.

If the city considers a proposed housing development project to be inconsistent, not in compliance, or not in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision as specified in this subdivision, it shall provide the applicant with written documentation identifying the provision or provisions, and an explanation of the reason or reasons it considers the housing development to be inconsistent, not in compliance, or not in conformity as follows:

a.

Within thirty (30) days of the date that the application for the housing development project is determined to be complete, if the housing development project contains one hundred fifty (150) or fewer housing units.

b.

Within sixty (60) days of the date that the application for the housing development project is determined to be complete, if the housing development project contains more than one hundred fifty (150) units.

4.

If the city fails to provide the required documentation, the housing development project shall be deemed consistent, compliant, and in conformity with the applicable plan, program, policy, ordinance, standard, requirement, or other similar provision.

For purposes of this section, the receipt of a density bonus pursuant to Section 65915 shall not constitute a valid basis on which to find a proposed housing development project is inconsistent, not in compliance, or not in conformity, with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision.

For purposes of this section, a proposed housing development project is not inconsistent with the applicable zoning standards and criteria, and shall not require a rezoning, if the housing development project is consistent with the objective general plan standards and criteria but the zoning for the project site is inconsistent with the general plan. If the city has complied, the city may require the proposed housing development project to comply with the objective standards and criteria of the zoning which is consistent with the general plan, however, the standards and criteria shall be applied to facilitate and accommodate development at the density allowed on the site by the general plan and proposed by the proposed housing development project.

(Ord. No. 650, § 3, 4-28-2025)

A housing development that will vacate or demolish existing units subject to affordability restrictions that rents to levels affordable to persons or families of moderate- or lower-income or units otherwise occupied by lower-income households within the five-year period preceding the development application shall

replace those units in accordance with the following and pursuant to Government Code Section 65915, as it may be amended.

A.

"Replace" shall mean the following:

1.

If any dwelling units described above are occupied on the date of application or have been vacated or demolished within the five-year period preceding the application, the proposed housing development shall provide at least the same number of units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those households in occupancy or as existed at the highpoint of those units in the five-year period preceding the application.

2.

For unoccupied dwelling units described above in a development with occupied units, the proposed housing development shall provide units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as the last household in occupancy.

3.

"Equivalent size" shall mean that the replacement units contain at least the same total number of bedrooms as the units being replaced.

4.

If the income category of the last household in occupancy is not known, it shall be rebuttably presumed that moderate- or lower-income renter households occupied these units in the same proportion of moderate- and lower-income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development's Comprehensive Housing Affordability Strategy database.

B.

All replacement calculations resulting in fractional units shall be rounded up to the next whole number.

C.

If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least 55 years.

D.

If the proposed development is for-sale units, the units replaced shall meet one (1) of the following:

The unit is initially occupied by a person or family of very low-, low-, or moderate-income, as required, and it is offered at an affordable housing cost, as defined by state law, and is subject to an equity sharing agreement.

2.

The unit is purchased by a qualified nonprofit housing corporation pursuant to a recorded contract that satisfies all of the requirements specified in paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code and that includes all of the following:

a.

A repurchase option that requires a subsequent purchaser of the property that desires to resell or convey the property to offer the qualified nonprofit corporation the right to repurchase the property prior to selling or conveying that property to any other purchaser.

b.

An equity sharing agreement.

c.

Affordability restrictions on the sale and conveyance of the property that ensure that the property will be preserved for lower-income housing for at least forty-five (45) years for owner-occupied housing units and will be sold or resold only to persons or families of very low-, low-, or moderate-income, as defined by state law.

E.

Existing residents of affordable dwelling units to be replaced shall be provided the following:

1.

Any existing residents shall be allowed to occupy their units until six (6) months before the start of construction activities with proper notice, pursuant to state law. The record owner shall deliver a notice of intent to terminate residency to the City of Woodlake and to each resident household.

2.

Relocation benefits consistent with the requirements of California Government Code Sections 7260 through 7277 for public agencies. The applicant or the applicant's agent for development shall engage a qualified third-party contractor or consultant to oversee the provision of the required relocation benefits. The thirdparty contractor or consultant shall provide a letter to the City of Woodlake certifying compliance with the relocation benefits requirements after completion of the relocation process.

3.

A right of first refusal for a comparable dwelling unit available in the new development affordable to the household at an affordable rent or affordable housing cost based on household income.

(Ord. No. 650, § 3, 4-28-2025)

Projects which meet the requirements of this section are entitled to review as a "use-by-right."

A.

Projects that satisfy the criteria outlined below are eligible for by-right approval, as defined in paragraph (B) below:

1.

Project is located on a site suitable for lower-income households in the adopted Housing Element Site Inventory pursuant to California Government Code Section 65583.2 (c) that are shown to be the following:

a.

Vacant and listed in the site inventory two (2) or more consecutive Housing Elements; or

b.

Non-vacant and listed in the Site Inventory of a previous Housing Element.

2.

The project is proposed to include twenty (20) percent of the total number of housing units available to lower-income households.

B.

By-right. By-right shall be consistent with the definition of "Use By Right" in Government Code Section 65583.2 (i), by which the City shall not require the following:

1.

Conditional use permit.

2.

Planned unit development permit.

3.

Other discretionary review or approval that would constitute a "project" as defined in Section 21100 of the Public Resources Code. However, projects requiring a subdivision are subject to all state laws, including the California Environmental Quality Act.

(Ord. No. 650, § 3, 4-28-2025)

If any portion of this chapter conflicts with state law, state law shall supersede this chapter. Any ambiguities in this chapter shall be interpreted to be consistent with current state law.

(Ord. No. 650, § 3, 4-28-2025)