Chapter 1 — GENERAL PROCEDURES

ARTICLE 1

INTRODUCTION

The provisions of Division 3 of the Development Code contain the procedures necessary to adopt, implement, or amend the Yucaipa General Plan, Development Code, the Official Land Use Plan, and Specific Plans and to process development proposals in any land use district.

Sections:

• 83.010105 Organization

83.010105 Organization.

(a) The Development Code utilizes five basic procedures to review all types of applications: Public Hearing, Development Review, Administrative Review, Staff Review with Notice, and Staff Review without Notice. Chapter 1 describes each of the five procedures and then follows with the application provisions common to each.

(b) Chapter 2 describes each policy development application type and the provisions of this Code unique to that application type, as well as the reviewing authority for each. The types of policy development applications appear in the following order.

• (1) General Plan Amendment

• (2) Amendment of Development Code

• (3) Specific Plan Adoption and Amendment

• (4) Agricultural Preserves/Land Conservation Contract Actions

(c) Chapter 3 describes each land use and design application type and the provisions of this Code unique to that application type, as well as the reviewing authority for each. The types of land use applications appear in the following order.

• (1) Conditional Use Permit

• (2) Planned Development Review

• (3) Land Use Compliance Review

• (4) Occupancy Verification (Reserved)

• (5) Certificate of Land Use Compliance

• (6) Special Use Permit

• (7) Temporary Use Permit

• (8) Sign Location Plan

• (9) Variances

• (10) Flood Hazard Development Review

• (11) Pre-Construction Inspection

• (d) Chapter 4 describes each division of land application type and the provisions of this Code unique to that

application type, as well as the reviewing authority for each. The types of land use applications appear in the following order.

• (1) Tentative and Final Map

• (2) Parcel Maps and Minor Subdivisions

• (3) Vesting Tentative Map

• (4) Composite Development Plan

• (5) Lot Line Adjustments

• (6) Lot Mergers

• (7) Reversions to Acreage

• (8) Certificate of Subdivision Compliance

• (9) Official Maps

• (10) Resident-Initiated Mobilehome Park Conversion

ARTICLE 2

BASIC REVIEW PROCEDURES

Sections:

• 83.010205 Public Hearing

• 83.010210 Development Review

• 83.010215 Administrative Review

• 83.010220 Staff Review with Notice

• 83.010225 Staff Review without Notice

83.010205 Public Hearing.

(a) Public Hearing procedures are distinguished by a formal open forum for public review of a proposal. During the course of the public hearing, the reviewing authority invites public testimony for and against the land use proposal, reviews evidence, and then renders its decision.

(b) Public Hearing procedures shall be used to give all interested parties an opportunity to review the evidence and to state their relative positions in a common public forum before the reviewing authority.

83.010210 Development Review.

(a) Development Review procedures include evaluation of proposals at a scheduled meeting of the Development Review Committee (DRC).

(b) The DRC meeting allows informal discussions between the applicant, City staff, and others regarding the design and proposed conditions for a given proposal. The DRC provides a recommendation to the reviewing authority.

83.010215 Administrative Review.

(a) Administrative Review procedures are distinguished by a written or published notice given to affected and interested parties, followed by a decision by the reviewing authority. The notice shall be designed to insure that all interested parties are aware of the pending decision and are given a chance to comment before the reviewing authority renders its decision.

(b) Administrative Review procedures shall be used to permit the reviewing authority to render a decision without the delay and expense of a public hearing.

83.010220 Staff Review with Notice.

Staff Review with Notice procedures are distinguished by land use decisions which are based upon specific findings or conditions which limit the discretion of the reviewing authority.

83.010225 Staff Review without Notice.

(a) Staff Review without Notice procedures are distinguished by land use decisions made by the reviewing authority based upon standards that have been adopted by the City as law or as policy.

(b) Staff Review without Notice procedures shall be used when sufficient standards have been adopted by the Planning Commission or the City Council to allow the reviewing authority to render a decision without giving notice to surrounding property owners and other parties.

ARTICLE 3

APPLICATION PROCEDURES

Sections:

83.010305 Applications for Land Use Decisions

83.010310 Environmental Review

83.010315 Concurrent Applications

83.010320 Application Forms and Information Packets

83.010325 Preapplication Review

83.010330 Notice of Pending Land Use Decisions

83.010335 Conditions of Approval

83.010340 Revisions

83.010345 Automatic Conditions

83.010350 Extension and Expiration of Land Use Decisions

83.010305 Applications for Land Use Decisions.

(a) Applications for all land use decisions shall be made at the offices of the reviewing authority on forms supplied by that authority. Each application for a land use decision shall be accompanied by such information and materials deemed necessary to render the requested land use decision before such application is deemed complete and accepted for filing. Any application made under the provisions of the Development Code may be initiated by the City Council or by any interested party unless otherwise indicated in this Code.

(b) Any application that has been submitted and remained inactive for one year following City corrections shall be deemed as withdrawn.

(Amended by Ord. 472 § 2, 2025)

83.010310 Environmental Review.

(a) All land use applications that are subject to the California Environmental Quality Act (CEQA) shall be reviewed by the Community Development Department as provided for in the City of Yucaipa Environmental Review Guidelines.

(b) Prior to taking an action to approve a land use application that is subject to CEQA, the Planning Agency shall make one or more environmental findings. The environmental finding(s) are required in addition to the findings specified in this division for each application type.

83.010315 Concurrent Applications.

When more than one land use decision is required for a single project, all applications may be filed concurrently.

83.010320 Application Forms and Information Packets.

(a) Each land use application form and information packet shall include a list of the information and materials required for the application to be considered complete under Section 83.010405, below.

(b) Any application for a land use decision which does not contain the required information and materials, or which is not accompanied by the appropriate application fee, may be rejected as incomplete by the planning agency as provided in Section 83.010405, below.

83.010325 Preapplication Review.

When the complexity of a land use application warrants it, the designated reviewing authority or the office given responsibility for accepting the land use application may require that the applicant submit materials and attend necessary conferences or hearings to conduct a preliminary review of a development proposal prior to the acceptance of the application.

83.010330 Notice of Pending Land Use Decisions.

(a) Upon receipt of a request for a land use decision that utilizes the Public Hearing, Administrative Review, Development Review, or Staff Review with Notice procedures, the reviewing authority shall cause notice to be given specifying the time and place at least ten calendar days prior to the date of the scheduled land use decision by the following applicable methods.

• (1) Notice shall be published once in a newspaper of general circulation in the respective community of the proposal for the following land use decisions using the Public Hearing procedure.

• (A) Subdivisions, where a tentative and final map are required

• (B) Development Code Amendment

• (C) General Plan Map Amendments

• (D) Amendments to the text of the General Plan or a Specific Plan

• (2) Notice shall be given by first class mail to any person who has filed a written request for a specific application.

• (3) Notice shall be given by first class mail or delivery to all surrounding property owners for land use decisions using the Public Hearing, Administrative Review, or Development Review procedures.

• (4) Notice shall be given by first class mail or delivery to all contiguous property owners for land use decisions using the Staff Review with Notice procedure.

• (5) Notice shall also be given, as required by Section 66451.3 of the California Government Code, in the case of a

conversion of residential real property to a condominium project, community apartment project, or stock cooperative.

• (6) Notice may be given in such other manner as is deemed necessary or desirable.

• (b) Said notice shall include sufficient information to give those receiving the notice a reasonable opportunity to

evaluate the implications of the proposal and to participate in the decision making process. Furthermore, notices for

land use decisions involving subdivisions for which a tentative and final map are required shall inform the recipient of his or her right to request, prior to the noticed land use decision date, that the proposal be reviewed by the City under the Public Hearing procedures.

(c) A one-eighth (1/8) page legal display advertisement in a newspaper of general circulation may be substituted for individual property owner notice whenever the individual notice would require notification of more than 1,000 property owners.

(d) Ownership and addresses of surrounding and contiguous properties shall be determined from the latest equalized tax assessment roll or from other records of the County Assessor or County Tax Collector, whichever contains more recent information.

(e) During the public hearing, items which are continued by the reviewing authority to a specific date shall not be renoticed unless specifically requested by the reviewing authority.

83.010335 Conditions of Approval.

In approving an application for a land use decision, the reviewing authority may establish reasonable conditions to its approval that are found to be necessary to protect the public health, safety, and general welfare that are consistent with the City’s General Plan and the provisions of this Code.

83.010340 Revisions.

Minor modifications to the conditions of approval or project design for a conditionally approved development project may be revised by the Community Development Director through the Staff Review without Notice procedure. However, should the Community Development Director determine that the modification(s) may be controversial, the requested modification(s) shall be referred back to the reviewing authority who required the condition(s). Those review procedures which were applicable when the condition(s) requested to be modified were originally imposed shall be used for such modification(s).

83.010345 Automatic Conditions.

Any development project defined in Government Code Sections 65927 and 65928 which is automatically approved pursuant to California Government Code Section 65956 shall be approved subject to the following standard conditions.

(a) The development project must be a permitted use in the applicable land use district.

(b) The development project must be consistent with the General Plan.

(c) The development project must comply with the public health, safety, and welfare requirements of other public

agencies. These agencies include, but are not limited to, the County Departments of Environmental Health Services, City Engineer, and the Office of Building and Safety.

(d) Any automatic approval of a development project shall become null and void unless all conditions imposed by this section have been complied with, and the occupancy, use of the land, and use of the proposed or existing structures authorized by such automatic approval, has taken place within 36 months after the date of the automatic approval.

83.010350 Extension and Expiration of Land Use Decisions.

Any conditional land use decision made in accordance with the provisions of this Code shall be subject to the following time limitations.

(a) Unless all conditions have been complied with and the occupancy, use, or division of land authorized by the land use decision has taken place or been recorded within 36 months after the day the land use decision becomes effective, the land use decision shall become null and void.

• (b) Planned Development

Notwithstanding the above provisions of this section, a conditionally approved Planned Development for a phased project shall be subject to a time limitation not to exceed that specified by the condition of approval for the Development Plan approval. The applicant, however, shall either record a tract map or obtain building permits for at least one phase of the project within five years of the development plan conditional approval and, as applicable, within each succeeding five-year period.

(c) Where circumstances warrant, the Planning Agency or such other agency, department or person designated by the reviewing authority may grant an extension of time for a period or periods not to exceed a total of 36 months. The findings then required to approve such a permit must be made prior to approving an extension for that permit. All such extensions must be found to be consistent with the provisions of the General Plan and the City Code. This subsection shall not be applied to extend the time limits provided in subsection (b) above, or for Planning Use Permits.

(d) A request for an extension of time shall be filed at least 30 days and no more than 90 days prior to the expiration date of an application. Any land use application for which an extension request has been filed within this time period shall not expire for 60 days or until an action is taken upon the extension request, whichever occurs first. If approved, an extension shall commence on the expiration date, even if it is not approved until after the expiration date.

(e) Public projects shall not be subject to a time limitation unless specific time limits are included within conditions placed upon the project’s approval. When time limits are placed on the conditional approval of a public project, extensions of time may be granted whenever warranted, provided that no single extension shall be greater than 12 months.

ARTICLE 4

TIME LIMITATIONS

Sections:

83.010405 Time Limits for Accepting Land Use Applications as Complete

83.010410 Time Limit for Land Use Review and Decisions

83.010415 Effective Date of Land Use Decisions

83.010405 Time Limits for Accepting Land Use Applications as Complete.

(a) Pursuant to California Government Code Section 65943, no later than 30 days after the City has received an application for a development project, the City shall determine, in writing, whether the submitted application materials are complete and shall immediately transmit such determination to the applicant. Upon receipt of any resubmittal of the application, a new 30-day time period shall begin, during which time the City is to determine the completeness of the application. If the application, together with these submitted materials, are determined not to be complete, the applicant may appeal the decision to require additional information to the Planning Commission Subcommittee. If the final written determination on the appeal is not made within 60 days, the application with the submitted materials shall be deemed complete.

(b) The Planning Agency and the applicant may mutually agree to a reasonable extension of these time limits.

(c) Applications which depend on approval of another enabling application (e.g., General Plan Amendments) shall not be considered accepted until the effective decision date for the enabling application(s). Such dependent applications may, however, be accepted for preapplication review to allow concurrent processing and thereby streamline the review process.

83.010410 Time Limit for Land Use Review and Decisions.

Except for legislative acts of the City Council, the Planning Agency shall render its decision on a land use application within the following time limits or the application shall be deemed approved in accordance with State law. (a) If a Negative Declaration is prepared or if the project is exempt from Division 13 (commencing with Section 21000) of the California Public Resources Code, the project shall be approved or disapproved within six months from the date on which an application requesting approval of the project has been received and accepted as complete by the Planning Agency.

(b) If an Environmental Impact Report (EIR) is prepared, pursuant to Section 21100 or 21151 of the California Public Resources Code, the project shall be approved or disapproved within one year from the date on which an application requesting approval of the project has been received and accepted as complete by the Planning Agency.

(c) Pursuant to California Public Resources Code Section 21151.5, should compelling circumstances justify additional time beyond 105 days to complete a Negative Declaration or beyond one year to complete and certify an Environmental Impact Report, then a reasonable extension of time may be granted by the Planning Agency if the project applicant requests or consents to such an extension, subject to the following provisions.

(1) In the case of an Environmental Impact Report, pursuant to California Government Code Section 65950.1, the Planning Agency shall approve or disapprove the project within 45 days after certification of the Environmental Impact Report for a tentative map or parcel map, and 90 days after the certification of the Environmental Impact Report for all other types of development projects.

(2) In the case of a Negative Declaration, a reasonable extension of time shall not exceed the six months and an additional 90 days as referenced in California Government Code Sections 65950 and 65957 for all development projects, provided, however, that subdivisions shall be subject to the time limits specified in Division 8, unless a waiver has been obtained in accordance with subsection (d) below to allow for such an extension of time.

(d) The Planning Agency shall approve, conditionally approve, extend, or disapprove a tentative map, tentative parcel map, or minor subdivision plot plan or a proposed subdivision within 50 days after certification of the EIR, adoption of a Negative Declaration, or a determination that the project is exempt from CEQA requirements. These time limits or any other time limits for reporting and acting on maps may be extended by mutual consent of the subdivider and the Planning Agency. Upon consent of the subdivider, a waiver of any of these time limits may be obtained or the purpose of permitting concurrent processing of related land use applications or an environmental review on the same development project or subdivision.

(e) When a land use application decision is contingent upon approval of another application or ordinance which requires legislative action (e.g., General Plan Amendment, ordinance, etc.), the time limits specified by subsection (a) above for acting on such a land use application shall commence on the effective date of the last such legislative action on which that land use application is contingent.

83.010415 Effective Date of Land Use Decisions.

(a) Unless appealed, land use application decisions become effective as follows.

(1) Unless adopted on an urgency basis or adopted pursuant to California Government Code Section 65858, land use ordinances shall become effective a minimum of 30 days after the second reading of the ordinance. In the case of an

ordinance adopted pursuant to California Government Code Section 65962 regarding or affecting land use application fees, ordinances shall become effective no sooner than 60 days after the second reading of the ordinance.

(2) Land use decisions made at Public Hearing by the Planning Agency other than decisions made by the City council shall be effective 11 days after the action of the Planning Agency, except when the tenth such day is not a City business day. In such instances, the land use decision shall become effective on the second consecutive City business day following such tenth day.

(3) Land use decisions not made at a public hearing by a reviewing authority become effective 11 days after the written notice of the land use decision has been deposited in the U.S. Mail, except when the tenth such day is not a City business day. In such instances, the land use decision shall become effective on the second consecutive City business day following such tenth day.

(4) Decisions regarding a request for the extension of time for a period beyond that granted by an approved land use application shall become effective 16 days after the written notice of such a decision has been deposited in the U.S. Mail or after the action has been taken by the Planning Agency at a public hearing, except when the fifteenth such day is not a City business day. In such instances, the decision shall become effective on the second consecutive City business day following such fifteenth day.

(b) Land use application decisions which are made contingent upon the approval of another application or ordinance requiring legislative action (e.g., General Plan Amendment, ordinance, etc.) shall become effective on the date when the approval of the last such application to which they are subject becomes effective.

ARTICLE 5

DECISION BY REVIEWING AUTHORITY

Sections:

83.010505 Referral to Next Succeeding Reviewing Authority

83.010505 Referral to Next Succeeding Reviewing Authority.

(a) A reviewing authority may refer a request for a land use decision to the reviewing authority designated as the appeal body or that type of land use application.

(b) Notwithstanding the provisions of subsection (a), the Planning Commission shall make its recommendation to the City Council or shall state the reasons it cannot do so.

(c) An applicant for a land use decision may waive his option for a decision by any reviewing authority other than the Planning Commission and request that his application be reviewed by the appeal body or that type of land use application.

(d) Any land use decision made by the Planning Commission as a result of a referral in accordance with the provisions of this section shall be made at a public hearing.

(e) All land use decisions which require a legislative act prior to their approval or denial shall be referred to the City Council for final action.

ARTICLE 6

APPEAL PROCEDURES

Sections:

83.010605 Appeal of a Land Use Decision

83.010610 Application for the Appeal of a Land Use Decision

83.010615 Time for Filing an Appeal

83.010620 Notice of Appeal

83.010625 Authority of Appeal Body

83.010630 Withdrawal of Appeal

83.010605 Appeal of a Land Use Decision.

Prior to its effective date, any land use decision made in accordance with the provisions of this Code by a reviewing authority other than the City Council may be appealed by the applicant or other affected party as follows. (a) The Community Development Director’s decision to require preparation of an Environmental Impact Report (EIR) is subject to appeal to the Planning Commission for final decision.

(b) The Planning Commission or Planning Commission Subcommittee shall consider appeals regarding land use decisions made by any City agency, department, office, official, or officer.

The Planning Commission may refer consideration of an appeal to the City Council, except for those decisions involving only a minor variance, determination as to the completeness of an application, or the requirement for preparation of an Environmental Impact Report. In these instances, the Planning Commission decision shall be the final and conclusive decision. The City Council will not accept nor consider an appeal of these Planning Commission decisions.

(c) Except as specified above, the City Council shall consider appeals regarding land use decisions made by the Planning Commission, or may, in accordance with a procedural resolution adopted by the City Council, call any land use decision up to the City Council for consideration and final determination by the City Council.

(d) The City Council shall only conduct hearings regarding an EIR or other environmental action in conjunction with consideration of the subject land use application and project for which the EIR was prepared or other environmental action proposed. (Amended by Ord. 221 §§ 4, 5, 2002)

83.010610 Application for the Appeal of a Land Use Decision.

Applications for an appeal of a land use decision shall be made on forms supplied by the reviewing authority to which the appeal is being made. Applications for appeals shall be accompanied by a written statement of the grounds upon which the appeal is based. A uniform fee, as established by the City Council, shall be paid to the City upon the filing of each appeal. The appeal application shall identify (1) the subject land use application, (2) the specific decision, condition of approval, or other matter being appealed, (3) the date of such action, (4) the justification for the appeal and, (5) any remedy or solution for which the appellant petitions. A properly filed application for appeal stays proceedings in the matter appealed until a decision is rendered on the appeal.

83.010615 Time for Filing an Appeal.

The Community Development Director or, in the case of an appeal to the Council, the City Clerk shall be notified by the appellant of an appeal of a land use application decision prior to the date on which such land use application decision becomes effective. The appellant shall submit an application for the appeal at the time of such notification, or on the next City business day following such notification.

83.010620 Notice of Appeal.

Within 30 days of the acceptance of an application for an appeal of a land use decision, the City Office of Planning or the City Clerk shall set the matter for hearing and shall give notice of the date, time, and place of the hearing to the appellant, the applicant, and to any other party who has requested in writing to be so notified. In addition, notice shall also be given in the same manner as notice was given for the land use decision being appealed.

83.010625 Authority of Appeal Body.

Upon hearing the appeal, the appeal body shall consider the record and such additional evidence as may be offered, and may affirm, reverse, or modify, in whole or in part, the decision appealed. The appeal body is subjected to all of the criteria, findings, and requirements imposed by this Code upon the original decision maker.

83.010630 Withdrawal of Appeal.

An appeal may be withdrawn prior to the time that the reviewing authority issues a decision. The applicant or his/her representative must notify the Planning Office in writing that he/she wishes to withdraw the appeal.

ARTICLE 7

DENSITY BONUS PROCEDURES

Sections: 83.010705 Purpose 83.010710 Definitions 83.010715 Eligible Projects 83.010720 Density Bonus 83.010725 Concessions or Incentives 83.010730 Parking Reductions 83.010735 Waiver or Reduction of Development Standards 83.010740 Land Donation Bonus 83.010745 Childcare Facilities Bonus 83.010750 Condominium Conversions 83.010755 Project Application 83.010760 Density Bonus Program for SB330 83.010765 Enforcement; Conditions

83.010705 Purpose.

The purpose of this article is to implement requirements of the State Density Bonus Law (California Government Code Title 7, Division 1, Chapter 4.3, Sections 65915, et seq.), and the City's Housing Element by specifying how the City shall provide density bonuses and other incentives, concessions, or waivers to developers for the production of housing affordable to lower income households, moderate income households, and senior citizens, and to increase the availability of childcare facilities in the City. Nothing in this Chapter is intended to create a mandatory duty on behalf of the City or its employees under the Government Tort Claims Act, and no cause of action against the City or its employees is created by this Article that would not arise independently of the provisions of this Chapter. (Added by Ord. 297 § 4, 2010; amended by Ord. 435 § 1, 2023)

83.010710 Definitions.

All terms used in this article shall be interpreted in accordance with the definitions herein except to the extent otherwise defined in the State Density Bonus Law.

"Affordable rent" means the maximum monthly rent for a specified income level calculated in accordance with Health and Safety Code Section 50053 and implementing regulations.

"Affordable sales price" means the maximum housing cost for a specified income level, calculated in accordance with Health and Safety Code Section 50052.5 and implementing regulations.

"Affordable units" means those dwelling units which are required to be rented at affordable rents or sold at an affordable sales price, very low-income households, low-income households, or moderate-income households. "Applicant" or "developer" means a person, persons, or entity who applies for a housing development, as well as the owner or owners of the property if the applicant does not own the property on which development is proposed. "Area Median Income" or "AMI" means the median family income (adjusted for family size) for San Bernardino County promulgated and published annually by the California Department of Housing and Community Development ("HCD") pursuant to Title 25, § 6932 of the California Code of Regulations.

"Childcare facility" means a childcare 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.

"Concession or incentive" is as defined in Government Code Section 65915.

"Density bonus" means a density increase over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan as of the date of application by the applicant to the city, as defined by Government Code Section 65915.

"Director" means the Community Development Director, or a designee of the Community Development Director. "Housing development" is a residential development project for five or more residential units, including mixed-use developments, as defined in Government Code Section 65915.

"Planned development" is as defined in Civil Code Section 1351(k).

"Total units" means a calculation of the number of units in a housing development, excluding units added by a density bonus award pursuant to this Chapter and including units designated to satisfy an inclusionary zoning requirement if applicable. (Added by Ord. 297 § 4, 2010; amended by Ord. 435 § 1, 2023)

83.010715 Eligible Projects.

The City shall grant one density bonus, the amount of which shall be as specified in section 83.010720 and if requested by the applicant and consistent with the applicable requirements of this Chapter, incentives or concessions, as described in subsection 83.010725 reduced parking ratios, as described in subsection 83.010730, and waivers and reductions, as described in subsection 83.010735, if the housing development proposed by the applicant meets at least one of the following requirements:

A. A minimum of 5 percent of the total units of the housing development is restricted and affordable to very lowincome households as defined in Health and Safety Code Section 50105.

B. A minimum of 10 percent of the total units of the housing development is restricted and affordable to lower income households as defined in Health and Safety Code Section 50079.5.

C. A minimum of 10 percent of the total units of the housing development is sold to moderate income households, as defined by Health and Safety Code Section 50093, provided that all units are offered to the public for purchase.

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

E. A minimum of 10 percent of the total units of a housing development are used for transitional foster youth, as defined by Education Code Section 66025.9, disabled veterans, as defined in Government Code Section 18541, or homeless persons, as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.), and are subject to a recorded affordability restriction of fifty-five (55) years and provided at the same affordability as very low income units.

F. All of the units of the housing development are used for 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 which a minimum of 20 percent of the total dwelling units are for lower income households, with priority given to students experiencing homelessness (verified pursuant to Section 65195(b)(1)(f)(i) (IV) of the Government Code), and the rent for such units does not to exceed 30 percent of 65 percent of the area median income for a single-room occupancy unit type. (Added by Ord. 435 § 1, 2023)

83.010720 Density Bonus.

If a project meets the requirements set forth in section 83.010715, the applicant shall be entitled to a density bonus calculated as set forth herein. Each component of any density calculation, including base density and bonus density, resulting in fractional units shall be separately rounded up to the next whole number.

A. 100% Affordable Housing Development. If 100 percent of the units in the housing development are lower income or very low-income units, excluding manager's units, with up to 20 percent of the units for moderate income households, the City shall allow an 80 percent maximum density bonus and four (4) concessions or incentives meeting all the applicable eligibility requirements of this Chapter.

B. Very Low-Income Housing Development. A very low-income housing development that meets the requirements of subsection 83.010715(A) shall be entitled to the following density bonus calculation and number of incentives or concessions:

C. Low Income Housing Development. A low-income housing development that meets the requirements of subsection 83.010715(B) shall be entitled to the following density bonus calculation:

D. Moderate Income Housing Development. A moderate-income housing development that meets the requirements of subsection 83.010715(C) shall be entitled to the following density bonus calculation and number of concessions or incentives:

E. Senior Citizen Housing Development. A senior citizen housing development that meets the requirements of subsection 83.010715(D) shall be entitled to a 20 percent density bonus. A 100% increase in density may be permitted in the City's RM-72C and RM-10M district.

F. Transitional Housing Development. A transitional housing development that meets the requirements of subsection 83.010715(E) shall be entitled to a 20 percent density bonus.

G. Student Housing Development. A student housing development that meets the requirements of subsection

83.010715(F) shall be entitled to a 35 percent density bonus and shall be entitled to one (1) concession or incentive. (Added by Ord. 435 § 1, 2023)

83.010725 Concessions or Incentives.

For purposes of this Chapter, concessions and incentives include the following:

A. A reduction in site development standards or a modification of zoning code 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.

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

are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located.

C. Other regulatory incentives or concessions proposed by the developer or the city or county that result 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 subdivision (c). (Added by Ord. 435 § 1, 2023)

83.010730 Parking Reductions.

If a housing development meets the requirements of 83.010715, the following parking requirements apply. If the total number of parking spaces for a development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this section, a housing development may provide onsite parking through tandem parking or uncovered parking, but not through on street parking.

A. General Parking Requirements. Upon an applicant's request, the City may not require more than the following parking ratios for housing developments (inclusive of parking for persons with disabilities):

B. Special Parking Requirements. Notwithstanding subsection (A), upon the request of a developer, the City shall not impose a parking ratio, inclusive of parking for persons with a disability and guests, that exceeds the following for specified projects:

C. The application of the ratios herein does not reduce or increase the number of incentives or concessions to which an applicant is entitled. An applicant may request parking incentives or concessions beyond those provided herein . (Added by Ord. 435 § 1, 2023)

83.010735 Waiver or Reduction of Development Standards.

If a development standard would physically prevent the housing development from being built at the permitted density and with the granted concessions or incentives, the developer may propose to have those standards waived or reduced. The City is not required to waive or reduce development standards that would cause a public health or safety problem, an environmental problem, harm historical property, or would be contrary to law. The waiver or reduction of a development standard does not count as a concession or incentive, and there is no limit on the number of development standard waivers that may be requested or granted. (Added by Ord. 435 § 1, 2023)

83.010740 Land Donation Bonus.

When an applicant for a tentative subdivision map, parcel map, or other housing development donates land to the City that meets the requirements of subsection (A), the applicant shall be entitled to the density bonus calculations in subsection (B).

• A. Requirements. An applicant will be entitled to a density bonus if the land donation meets the following requirements:

1. The land is donated and transferred no later than the date of approval of the final subdivision map, parcel map, or residential development application to the City or to a housing developer approved by the City and by this time the transferred land shall have all permits and approvals, other than building permits, necessary for the development of the very low income housing, with the exception of any design review that would be allowed pursuant to Government Code Section 65583.2(I), as the same may be amended from time to time, if the design has not been reviewed prior to the time of transfer.

2. The zoning classification and general plan designation of the land is appropriate for affordable housing and the land is or will be served by adequate public facilities and infrastructure.

3. The transferred land is at least one acre in size or sufficient size to permit development of at least 40 units.

4. There are appropriate zoning and development standards to make the development of the affordable units feasible. 5. The transferred land is within the boundary of the proposed development. The applicant may submit a written request to the City to allow the transferred land to be located within ¼ mile of the boundary of the proposed project.

• B. Density Bonus. Land donations made in accordance with subsection (A) shall be entitled to the following density bonus calculation and number of concessions or incentives:

(Added by Ord. 435 § 1, 2023)

83.010745 Childcare Facilities Bonus.

• When an applicant for a housing development includes a childcare facility that meets the requirements in subsection (A), the applicant shall be entitled to the density bonus in subsection (B):

A. Requirements. If an application for a housing development is submitted pursuant to this Chapter, and includes a childcare facility on the premises of, as part of, or adjacent to, the project, the City shall require as a condition of approval that the following occur:

1. The childcare facility shall remain in operation for a period that is as long as or longer than the period during which the density bonus units are required to remain affordable, pursuant to the State Density Bonus Law.

2. Of the children who attend the childcare facility, the children of very low-income households, lower income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low-income households, lower income households, or families of moderate income, pursuant to the State Density Bonus Law.

• B. Density Bonus and Concessions or Incentives. If a housing development meets the requirements of subsection

• (A), then the City shall grant either of the following:

1. 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 childcare facility.

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

C. Notwithstanding any requirement of this section, the City shall not be required to provide a density bonus or concession for a childcare facility if it finds, based upon substantial evidence, that the community has adequate childcare facilities. (Added by Ord. 435 § 1, 2023)

83.010750 Condominium Conversions.

To receive a density bonus or concessions or incentives set forth in subsection (B), an applicant shall meet the requirements for condominium conversions set forth in subsection (A).

• A. Requirements. An applicant proposing to convert apartments to condominiums shall meet the following requirements:

1. A minimum of 33 percent of the total units of the housing development shall be restricted and affordable to lowincome or moderate-income households, or

2. A minimum of 15 percent of the total units of the housing development shall be restricted and affordable to lowerincome households.

B. Density Bonus or Concessions or Incentives. If an applicant satisfies the conditions in subsection (A), the City shall grant a density bonus or other concessions or incentives of equivalent value. An applicant proposing to convert apartments to condominiums shall be ineligible for a density bonus, concession or incentives under this section if the apartments proposed for conversion constitute a housing development for which a density bonus, concession or incentives were previously provided under this Chapter. A density bonus awarded pursuant to this section shall be equal to a 25 percent increase in units to be provided within the existing structure or structure proposed for conversion. For concessions or incentives, the City shall not be required to provide cash transfer payments or

a housing development for which a density bonus, concession or incentives were previously provided under this Chapter. A density bonus awarded pursuant to this section shall be equal to a 25 percent increase in units to be provided within the existing structure or structure proposed for conversion. For concessions or incentives, the City shall not be required to provide cash transfer payments or

monetary compensation but may include reductions or waivers of requirements which the City might otherwise apply as conditions of conversion approval.

C. Nothing in this Chapter shall be construed to require the City to approve a proposal to convert apartments to condominiums. (Added by Ord. 435 § 1, 2023)

83.010755 Project Application.

A. Requirements. To submit a complete application to the City for a density bonus and other concessions or incentives, the applicant shall:

1. Identify the section and/or subdivision of the State Density Bonus Law under which the application is made. See Government Code Section 65915, subdivision (b), paragraph (2) for requirements related to lower income households, very low income households, senior citizen housing development, transitional foster youth housing development, disabled veterans housing development, housing development for homeless persons, and moderate income common interest development; see Government Code Section 65915, subdivision (h) for donations of land; see Government Code Section 65915, subdivision (h) for child care facilities; and see Government Code Section 65915.5 for conversion of apartments to condominium projects.

2. Quantify the total density bonus requested, along with the factual and legal basis for the request in accordance with the State Density Bonus Law and this code.

3. Identify any incentives or concessions requested by the applicant, along with the factual and legal basis for the request in accordance with the State Density Bonus Law and this code.

4. Identify any waivers, reductions, or modifications of development standards requested by the applicant, along with the factual and legal basis for the request in accordance with the State Density Bonus Law and this code.

5. Provide a preliminary sketch plan showing the context and compatibility of the proposed project within the surrounding area, the number, type, size, and location of buildings, and parking. The design of proposed affordable dwelling units shall be compatible with the market-rate dwelling units within the project. If a project is submitted as part of a land use entitlement, the plan details shall include the requirements listed as part of that permit application.

ility of the proposed project within the surrounding area, the number, type, size, and location of buildings, and parking. The design of proposed affordable dwelling units shall be compatible with the market-rate dwelling units within the project. If a project is submitted as part of a land use entitlement, the plan details shall include the requirements listed as part of that permit application.

6. Provide information satisfactory to the Director to enable the City to determine whether the requirements of the State Density Bonus Law and this code have been met by the applicant, including, for example, the project cost per unit and whether any requested incentive or concession is necessary to make the housing units economically feasible. (See Government Code Section 65915, subdivision (d).) Such information may include capital costs, equity investment, debt service, projected revenues, operating expenses, and any other information deemed necessary by the Director.

7. Make payment for the requisite fees in connection with the application.

B. Review. The Director shall review the information provided by the applicant and shall make a recommendation the decision-making body for the proposed project regarding the density bonus and any requested concessions, incentives, waivers, reductions, or modifications. To the extent the Director recommends the grant of a density bonus, concession, incentive, waiver, reduction, or modification, any such grant shall be conditioned upon the applicant's compliance with all relevant obligations set forth in the State Density Bonus Law and this code.

C. Approval. The decision-making body for the proposed project shall also make the final decision on behalf of the City related to any application submitted in accordance with this section based on the Director's recommendation and on substantial evidence. This Chapter shall not be interpreted to require that the City grant a concession or incentive that has a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of 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, or that would have an adverse impact on any real property that is listed in the California Register of Historical Resources. (Added by Ord. 435 § 1, 2023)

83.010760 Density bonus program for SB330.

A. Purpose and Intent.

1. SB330 Density Bonus. Concurrent with the approval of any change in zone from a residential use to a less intensive nonresidential use (or other land use entitlement which will reduce housing capacity), a density bonus in the amount of 1.3 units for land currently zoned for multiple family residential development shall be assigned up to the

amount of residential units impacted by the change in zone from a residential use to a less intensive nonresidential use (or other land use entitlement which will reduce housing capacity). This density bonus shall be available to applicants with a planning application for new residential development after the effective date of this section who desire to develop land currently zoned for multiple family residential development after the date of approval of the zone change resulting in a less intensive, nonresidential development (or other land use entitlement which will reduce housing capacity).

2. SB330 Density Credits. Concurrent with the approval of any general plan amendment or zoning ordinance amendment which will increase housing capacity above the amounts mandated for regional housing needs, a density credit shall be established equal to the amount of residential units created by the general plan amendment or zoning ordinance amendment that are above the amounts mandated for regional housing needs. The City Council may apply such density credit to any subsequent application for a general plan amendment or zoning ordinance amendment which would have the effect of reducing housing capacity. In no case shall such credit be used to reduce housing capacity below the amounts mandated for regional housing needs

B. Authority. Authority for approval of a density bonus under the provisions of this section shall be vested with the planning commission.

C. Applicability. This density bonus shall be available to developers of multifamily residential housing dwelling units in land use districts that permit multiple family residential development and on properties of at least one-acre minimum.

D. Incentive. Developers may request a density bonus of thirty (30) percent above the allowable number of units for up to the number of residential units that have been impacted by the change in zone from a residential use to a less intensive nonresidential use (or other land use entitlement which will reduce housing capacity).

E. Implementation.

1. An ordinance for the adoption of a change in zone from a residential use to a less intensive nonresidential use (or other land use entitlement which will reduce housing capacity), shall include a determination establishing the existing residential capacity and identifying that these dwelling units will be made available for a residential density bonus pursuant to this section.

2. The total number of dwelling units allowed under this density bonus shall be calculated by multiplying the maximum density allowed under the applicable zoning designation (i.e., the maximum density listed in this title or the applicable specific plan designation), and multiplying the result by 1.3, for a thirty (30) percent density bonus up to the amount of residential units impacted by the change in zone from a residential use to a less intensive nonresidential use (or other land use entitlement which will reduce housing capacity). If the result, including the density bonus, contains a fraction of a unit, the number of allowable units shall be determined by rounding down to the nearest whole number if the fraction is below one-half. Calculations containing fractions of one-half or above shall be rounded up. F. This density bonus may be combined with other density bonus programs included in this article but the total density bonus shall not exceed one hundred (100) percent.

G. The development standards for density bonus projects shall be those of the applicable zoning classification.

H. The city's planning division shall publish the available number of units for the SB330 Density Credits or SB330 Density Bonus on the planning division's page on the city's website. (Added by Ord. 435 § 1, 2023)

83.010765 Enforcement; Conditions.

A. Affordable units under this section shall be constructed at the same time as the market-rate units.

B. The right to a density bonus or any other concession, incentive, or waiver under this chapter shall not be transferred or linked to another development.

C. Where a developer proposes to simultaneously develop two or more parcels in the City, nothing in this section shall prohibit the City from using a density bonus and/or concession/incentive granted for one of the parcels on another of the multiple parcels.

D. The developer and/or property owner shall provide the City a yearly accounting of the total project units occupied and vacant, the total occupied and vacant units designated for households of moderate income, households of low income, and households of very low income.

E. An applicant shall agree to ensure that a for-sale unit that qualified the applicant for award of a density bonus meets either of the following conditions:

1. 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 and is subject to an equity sharing agreement, or

2. The unit is purchased by a qualified nonprofit housing corporation pursuant to a recorded contact that satisfies all the requirements specified in paragraph 10 of subsection (a) of Section 402.1 of the Revenue and Taxation Code and that includes the restrictions set forth in Government Code Section 65915(c)(2).

F. An applicant shall agree to ensure the continuing affordability of all very low and low-income rental units that qualified the applicant of the award of the density bonus for fifty-five (55) years or a longer period if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. G. The City may require a density bonus agreement or recorded affordability restrictions to effectuate any of the requirements of this Chapter and to ensure compliance therewith. Such agreements shall be on a form approved by the City Attorney. (Added by Ord. 435 § 1, 2023)