The purpose of this chapter is to provide incentives for the production of housing for very low, low, and moderate income, special needs, and senior households in accordance with Government Code Section 65915 through Section 65918. In enacting this chapter, it is the intent of the City Council to facilitate the development of affordable housing and to implement the goals and policies of the City's General Plan Housing Element.
(Ord. 2014-01 § 1)
The City of Plymouth shall grant one density bonus, with concessions or incentives, as specified in Section 19.96.040 (Number and Types of Incentives and Concessions and Density Bonuses Allowed), or provide other incentives or concessions of equivalent financial value based upon the land cost per dwelling unit, when the applicant for the housing development seeks and agrees to construct a housing development, excluding any units permitted by the density bonus awarded pursuant to this chapter, that will contain at least one of the following:
A. 
Ten percent of the total units of a housing development for lower-income households.
B. 
Five percent of the total units of a housing development for very low-income households.
C. 
Housing for special needs populations.
D. 
A senior citizen housing development.
E. 
Ten percent of the total dwelling units in a common interest development as defined in Section 1351 of the California Civil Code for persons and families of moderate income, provided that all units in the development are offered to the public for purchase.
(Ord. 2014-01 § 1)
The following general provisions apply to the application and determination of all incentives and bonuses:
A. 
All density calculations resulting in fractional units shall be rounded up to the next whole number.
B. 
The granting of a density bonus shall not be interpreted, in and of itself, to require a General Plan Amendment, Rezone, or other discretionary approval.
C. 
The density bonus shall not be included when determining the number of housing units that is equal to five or 10% of the total.
D. 
Upon request by the applicant, the City shall not require that a housing development meeting the requirements of Section 19.96.020 (Eligibility for Incentives and Concessions and Density Bonuses) provide a vehicular parking ratio, inclusive of handicapped and guest parking, that exceeds the following:
1. 
Zero (studio) to one bedrooms: one on-site parking space per unit.
2. 
Two to three bedrooms: two on-site parking spaces per unit.
3. 
Four or more bedrooms: two and one-half parking spaces per unit.
E. 
If the total number of parking spaces required for a housing development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this subsection, a development may provide "on-site parking" through tandem parking or uncovered parking, but not through on-street parking.
F. 
The City shall not apply any development standard that would have the effect of precluding the construction of a housing development meeting the requirements of Section 19.96.020 (Eligibility for Incentives and Concessions and Density Bonuses) at the densities or with the incentives or concessions permitted by this chapter. An applicant may submit to the City a proposal for the waiver or reduction of development standards. Nothing in this subsection, however, 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 subdivision (d) of Section 65589.5 of the California Government Code, upon health and safety or the physical environment and for which the City determines there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. Nothing in this subsection shall require the City to waive or reduce development standards if this would have an adverse impact on any real property that is listed in the California Register of Historical Resources. Furthermore, the applicant shall be required to prove that the waiver or modification is necessary to make the target units economically feasible.
(Ord. 2014-01 § 1)
A. 
General Project Density Bonus. A housing development that satisfies all applicable provisions of this chapter shall be entitled to the following density bonus:
1. 
For developments providing lower income target units, a 20% base density bonus increase above the otherwise maximum allowable residential density plus a one and one-half percent supplemental increase over that base for every one percent increase in low-income target units above 10%. The maximum density bonus allowed including supplemental increases is 35%.
2. 
For developments providing very low-income target units, a 20% base density bonus increase above the otherwise maximum allowable residential density plus a two and one-half percent supplemental increase over that base for every one percent increase in very low-income target units above five percent. The maximum density bonus allowed including supplemental increases is 35%.
3. 
For senior citizen housing developments, a flat 20% density bonus.
4. 
For common interest developments providing moderate-income target units, a five percent base density bonus increase above the otherwise maximum allowable residential density plus a one percent increase in moderate-income units above 10%. The maximum density bonus allowed including supplemental increases is 35%.
B. 
Number of Incentives or Concessions. In addition to the eligible density bonus percentage described in this section, an applicant may request one or more incentives or concessions in connection with its application for a density bonus as follows:
1. 
One incentive or concession for projects that include at least 10% of the total units for lower-income households, at least five percent for very low-income households, or at least 10% for persons and families of moderate-income in a common interest development.
2. 
Two incentives or concessions for projects that include at least 20% of the total units for lower-income households, at least 10% for very low-income households, or at least 20% for persons and families of moderate-income in a common interest development.
3. 
Three incentives or concessions for projects that include at least 30% of the total units for lower-income households, at least 15% for very low-income households, or at least 30% for persons and families of moderate-income in a common interest development.
C. 
Available Incentives and Concessions. The following incentives and concessions are available for compliance with this chapter.
1. 
A reduction in the 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 Section 18907 of Division 13 of Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in ratio of vehicle parking spaces that would otherwise be required and that results in identifiable, financially sufficient, and actual cost reductions.
2. 
Approval of mixed-use development in conjunction with the housing development if the nonresidential land uses will reduce the cost of the housing development, and the nonresidential land uses are compatible with the housing development and surrounding existing development in the area in which the housing development will be located.
3. 
Other regulatory incentives or concessions proposed by the applicant or that the City determines that will result in identifiable, financially sufficient, and actual cost reductions.
4. 
Priority processing of a housing development that provides income-restricted units.
D. 
Additional Density Bonus and Incentives and Concessions for Donation of Land to the City. The following incentives and concessions are available for compliance with this chapter.
1. 
When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to the City and agrees to include a minimum of 10% of the total units before the density bonus for very low-income households, above the otherwise maximum allowable residential density, the applicant shall be entitled to a 15% base density bonus plus a one percent supplemental increase for each additional percentage of very low-income units to a maximum density bonus of 35%.
2. 
The density bonus provided in this subsection shall be in addition to any other density bonus provided by this chapter up to a maximum combined density bonus of 35%.
3. 
The applicant shall be eligible for the increased density bonus described in this subsection if all of the following conditions are met:
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 designation of the land being transferred are sufficient to permit construction of units affordable to very low-income households in an amount not less than 10% of the number of residential units of the proposed development.
c. 
The transferred land is at least one acre in size or of sufficient size to permit development of at least 40 units, has the appropriate General Plan designation, is appropriately zoned with appropriate development standards for development at the density described in paragraph (3) of subdivision (c) of Section 65583.2 of Government Code, and is or will be served by adequate public facilities and infrastructure.
d. 
The transferred land shall have all of the permits and approvals, other than Building Permits, necessary for the development of the very low-income housing units on the transferred land, not later than the date of approval of the final subdivision map, parcel map, or residential development application, except that the local government may subject the proposed development to subsequent design review to the extent authorized by subdivision (i) of Section 65583.2 of Government Code if the design is not reviewed by the local government prior to the time of transfer.
e. 
The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with the requirements of this chapter.
f. 
The land is transferred to the local agency or to a housing developer approved by the City.
g. 
The transferred land shall be within the boundary of the proposed development or, if the City agrees, within one quarter mile of the boundary of the proposed development.
h. 
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.
4. 
Nothing in this subsection shall be construed to enlarge or diminish the authority of the City to require a developer to donate land as a condition of development.
E. 
Additional Density Bonus and Incentives and Concessions for Development of Child Care Facility. The following density bonus incentives and concessions are available for compliance with this chapter.
1. 
Housing developments meeting the requirements of Section 19.96.020 (Eligibility for Incentives and Concessions and Density Bonuses) and including a child care facility that will be located on the premises of, as part of, or adjacent to the housing development shall receive either of the following:
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 footage in the child care facility.
b. 
An additional incentive or concession that contributes significantly to the economic feasibility of the construction of the child care facility.
2. 
The density bonus housing agreement for a housing development that includes a child care facility shall ensure that:
a. 
The child care facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the target units are required to remain affordable, pursuant to subdivision (c) of Section 65915 of the Government Code.
b. 
Of the children who attend the child care facility, the children of very low-income households, lower-income households, or persons or families of moderate income shall equal a percentage that is equal to or greater than the percentage of target units that are required pursuant to Section 19.96.020 (Eligibility for Incentives and Concessions and Density Bonuses).
3. 
The City shall not be required to provide a density bonus or incentive or concession for a child care facility if it makes a written finding, based upon substantial evidence, that the community has adequate child care facilities.
F. 
Condominium Conversion Incentives for Low-Income Housing Development. The following incentives and concessions are available for compliance with this chapter.
1. 
An applicant for approval to convert apartments to a condominium project may submit to the City a preliminary proposal pursuant to this section prior to the submittal of any formal requests for subdivision map approvals. The City shall, within 90 days of receipt of a written proposal, notify the applicant in writing of the manner in which it will comply with this section. The City shall establish procedures for carrying out this section, which shall include legislative body approval of the means of compliance with this section.
2. 
When an applicant for approval to convert apartments to a condominium project agrees to the following, the City shall grant either a density bonus of 25% over the number of apartments (to be provided within the existing structure or structures proposed for conversion) or provide other incentives of equivalent financial value, including the following:
a. 
Provide at least 33% of the total units of the proposed condominium project to persons and families of low or moderate income, or provide at least 15% of the total units of the proposed condominium project to lower-income households.
b. 
Agree to pay for the reasonably necessary administrative costs incurred by the City.
3. 
For purposes of this subsection, "other incentives of equivalent financial value" shall not be construed to require the City to provide cash transfer payments or other monetary compensation but may include the reduction or waiver of requirements which the City might otherwise apply as conditions of conversion approval.
4. 
Nothing in this subsection shall be construed to require the City to approve a proposal to convert apartments to condominiums.
5. 
An applicant shall be ineligible for a density bonus or other incentives under this subsection if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentive was previously provided.
(Ord. 2014-01 § 1)
As required by State law, the location of density bonus units within the housing development may be at the discretion of the developer. However, the density bonus units shall be dispersed throughout the housing development and when feasible shall contain, on average, the same number of bedrooms as the non-density bonus units in the development, and shall be compatible with the design or use of the remaining units in terms of appearance, materials, and quality finish.
(Ord. 2014-01 § 1)
A. 
If a housing development providing low- or very low-income target units (e.g., that the housing development is mandated to provide "affordable rent") receives only a density bonus, the target units must remain restricted to low- or very low-income households for a minimum of 30 years from the date of issuance of the Certificate of Occupancy by the Building Official.
B. 
If a housing development providing low- or very low-income target units receives both a density bonus and an additional incentive, the target units must remain restricted to low- or very low-income households for a minimum of 50 years from the date of issuance of the Certificate of Occupancy by the Building Official.
C. 
In the case of a housing development providing moderate-income target units, the initial occupant of the target unit must be a person or family of moderate income. Upon resale, the seller of the target units 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 and its proportionate share of appreciation which shall then be used within three years for any of the purposes described in subdivision (e) of Section 33334.2 of the California Health and Safety Code that promote homeownership. The City's "proportionate share" shall be equal to the percentage by which the initial sale price to the moderate-income household was less than the fair market value of the home at the time of the initial sale. 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 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.
(Ord. 2014-01 § 1)
A. 
Process for Approval. The density bonus and incentive(s) and concession(s) request shall be considered in conjunction with any necessary development entitlements for the project. The designated approving authority for density bonuses, incentives, and concessions shall be the City Council. In approving the density bonus and any related incentives or concessions, the City and applicant shall enter into a density bonus agreement. The form and content of the density bonus agreement shall be determined by the City.
B. 
Approval of Density Bonus Required. The City shall grant the density bonus requested by the applicant provided it is consistent with the provisions of this chapter and State law.
C. 
Approval of Incentives or Concessions Required Unless Denial Findings Made. The City shall grant the incentive(s) and concession(s) requested by the applicant unless the City makes a written finding, based upon substantial evidence, of either of the following:
1. 
The incentive or concession is not required in order to provide for affordable housing costs or affordable rent for the target units.
2. 
The incentive or concession would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the California Government Code, upon public health and safety or physical environment or on any real property that is listed in the California Register of Historical Resources and for which the City determines 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 concession or incentive would be contrary to State or Federal law.
(Ord. 2014-01 § 1)