This chapter establishes procedures and requirements to facilitate
the development of affordable housing that serve moderate income,
low income, very low income, and senior households within the City.
To encourage the provision of affordable housing, the City shall provide
to developers who meet the requirements established by this chapter
and
Government Code Section 65915 (Density Bonus Law) a density bonus
and the incentives identified in
Government Code Section 65915.
(Ord. 2016-1155 § 1)
As used in this chapter, the following terms shall have the
following meanings:
"Affordability"
is determined as thirty percent or less of the area median
income (AMI) as adjusted for assumed household size for moderate income,
low income, and very low income households as defined by the Health
and Safety Code.
"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
developer to the City. The density bonus shall apply to residential
developments of five or more units. The number of housing units to
be reserved for low or very low income households or qualifying residents
does not include the density bonus units.
"Equivalent financial value"
means the cost to developer/property owner based on the land
cost per dwelling unit. The land cost per dwelling unit is determined
by the difference in the value of the land with and without the density
bonus.
"Housing development,"
as used in this chapter, means a development project for
five or more residential units. For the purposes of this chapter,
"housing development" also includes a subdivision or common interest
development, as defined in Section 4100 of the
Civil Code, approved
by the City and consists of residential units or unimproved residential
lots and either a project to substantially rehabilitate and convert
an existing commercial building to residential use or the substantial
rehabilitation of an existing multifamily dwelling, as defined in
subdivision (d) of
Government Code Section 65863.4, where the result
of the rehabilitation would be a net increase in available residential
units. For the purpose of calculating a density bonus, the residential
units shall be on contiguous sites that are the subject of one development
application, but do not have to be based upon individual subdivision
maps or parcels. The density bonus shall be permitted in geographic
areas of the housing development other than the areas where the units
for the lower income households are located.
"Lower income households"
are as currently defined in Section 50079.5 of the Health
and Safety Code and any subsequent amendments or revisions.
"Maximum allowable residential density"
means the density allowed under the zoning ordinance and
land use element of the general plan, or if a range of density is
permitted, means the maximum allowable density for the specific zoning
range and land use element of the general plan applicable to the project.
Where the density allowed under the zoning ordinance is inconsistent
with the density allowed under the land use element of the general
plan or, if the proposed density is in an area subject to the City's
certified Local Coastal Program, the general plan or the City's certified
Local Coastal Program density shall prevail.
"Very low income households"
are as currently defined in Section 50105 of the Health and
Safety Code and any subsequent amendments or revisions.
(Ord. 2016-1155 § 1)
Applications for affordable housing projects not qualifying
for or requesting a density bonus may be considered for incentives
or concessions at the discretion of the City Council. The City may
require an affordable housing agreement to ensure the availability
of the targeted units for low and moderate income households for a
period of thirty years and may execute such other provisions as may
be necessary to implement the agreement.
For development within the City's LCP jurisdiction, any housing
development approved shall be consistent in a manner most protective
of coastal resources, with all of the City's otherwise applicable
certified Local Coastal Program policies and standards.
(Ord. 2016-1155 § 1)