The purpose of this section is to provide incentives for the production of affordable housing in accordance with California Government Code sections 65915—65918 ("State Density Bonus Law").
(Ord. No. 1197, § 5, 6-27-22)
The definitions found in state density bonus law shall apply to the terms contained in this section.
(Ord. No. 1197, § 5, 6-27-22)
This section applies to a "housing development," as defined in Government Code section 65915(i), or an "eligible housing development," as defined in Government Code section 65917.2, when an applicant proposes a density increase above the maximum allowable density and/or other regulatory incentives and concessions in exchange for reserving a portion of the units for lower-income, moderate-income, or senior households, as provided in this section and state density bonus law.
(Ord. No. 1197, § 5, 6-27-22)
A. 
Required submittals. In addition to the application filing requirements established in section 18 (Applications, Processing, and Fees), the following information shall be provided by the applicant on a form supplied by the community development department:
1. 
How the proposed project will satisfy the eligibility requirements of Government Code section 65915 or 65917.2.
2. 
The requested density bonus pursuant to subsection 3.12.050 (Density bonus).
3. 
Any incentives and concessions that are sought under Government Code section 65915(d). The applicant shall provide reasonable documentation to show that any requested incentive or concession will result in identifiable and actual cost reductions to provide for affordable housing costs or rents.
4. 
Any waivers and reductions that are sought under Government Code section 65915(e). The applicant shall provide reasonable documentation that the development standard(s) for which the waiver is requested will have the effect of physically precluding the development at the densities or with the concessions or incentives permitted by state density bonus law.
5. 
Any requested parking reductions sought under Government Code section 65915(p).
6. 
Documentation of how the project will comply with Government Code section 65915(c)(3) pertaining to replacement units.
B. 
Fee. Payment of a fee in an amount set by resolution of the city council, pursuant to section 18 of the Cypress Zoning Code.
C. 
Concurrent review. Density bonus requests shall be filed concurrently with the other planning permit application(s) required for the development. The density bonus request shall be processed concurrently with the underlying planning permit or entitlement for the project.
(Ord. No. 1197, § 5, 6-27-22)
A. 
Calculation. Density bonuses shall be calculated as set forth in Government Code sections 65915 and 65917.2.
1. 
In determining the total number of units to be granted, 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.
2. 
When calculating the number of affordable units needed for a given density bonus, any fractions of affordable units shall be rounded up to the next whole number.
3. 
The density bonus units shall not be included in determining the number of affordable units required to qualify a housing development for a density bonus pursuant to state density bonus law.
B. 
Each housing development is entitled to only one density bonus. If a housing development qualifies for a density bonus under more than one income category or additionally as senior housing or housing in-tended to serve transitional foster youth, disabled veterans, or homeless persons, or other category qualifying for a density bonus under the state density bonus law, the applicant shall select the category under which the density bonus is granted.
C. 
The applicant may elect to receive a density bonus that is less than the development is entitled to under state density bonus law, including a density bonus of zero. In such cases, the applicant retains their entitlement to incentives, concessions, and parking reductions as provided in state density bonus law.
(Ord. No. 1197, § 5, 6-27-22)
A. 
The applicant may request up to the number of incentives and concessions for which the project is entitled pursuant to Government Code section 65915(d)(2).
B. 
The city shall grant requested incentives and concessions unless a specified finding is made as set forth in Government Code section 65915(d)(1). However, the city is not required to deny a proposed incentive or concession solely because it can make a finding under Government Code section 65915(d)(1).
(Ord. No. 1197, § 5, 6-27-22)
A. 
An applicant may submit to the city a proposal for waivers and reductions of development standards that physically prevent construction of a housing development and density bonus units meeting the criteria of Government Code section 65915(b).
B. 
The city may deny waivers and reductions for the reasons set forth in Government Code section 65915(e)(1).
(Ord. No. 1197, § 5, 6-27-22)
A. 
Maximum affordable housing costs. The maximum total housing costs paid by a qualifying household, adjusted for household size appropriate for the unit, shall be pursuant to Health and Safety Code sections 50052.5 and 50053.
B. 
Term of affordability. The term of affordability for affordable units shall be at least the period of time required by Government Code section 65915(c).
C. 
Sale and resale of owner-occupied units. Sale and resale of owner-occupied units is subject to the requirements of Government Code section 65915(c)(2).
D. 
Development standards.
1. 
All affordable units shall be reasonably dispersed throughout the housing development.
2. 
Affordable units shall be made available for occupancy concurrently with or prior to the market rate units in the development. In the event the city approves a phased project, the affordable units shall be provided proportionately within each phase.
3. 
Affordable units shall be comparable with the market rate units in terms of design, construction quality, exterior appearance, exterior finished quality, and size.
4. 
The bedroom mix of the affordable units shall be equivalent to the bedroom mix of the market rate units of the development, unless otherwise approved by the city.
5. 
Comparable amenities. Residents of affordable units shall have equal access to project amenities available to other residents, including, but not limited to, access to recreational, parking, and storage facilities and interior amenities such as microwaves and dishwashers.
6. 
Parking. Unless the city's adopted parking standards will result in fewer parking spaces, the applicant may request a reduction in parking standards pursuant to Government Code section 65915(p).
(Ord. No. 1197, § 5, 6-27-22)
A. 
Affordable housing agreement. Applicants that have been conditionally granted a density bonus, incentives and concessions, and/or waivers for the provision of affordable housing shall enter into an affordable housing agreement with the city in a form approved by the city attorney. The affordable housing agreement shall, at a minimum, include the following:
1. 
The total number of units and the number of units that will be made affordable;
2. 
The size, bedroom count, and location of each affordable unit;
3. 
The income levels of the affordable units and an acknowledgement that the city will verify tenant and home buyer incomes to maintain the affordability of the units;
4. 
The term of affordability for the units, which shall not be less than the period of time required by Government Code section 65915;
5. 
The approved density bonus, incentives, concessions, waivers, and/or parking reductions, if any;
6. 
Schedule of development for all units; and
7. 
An affirmative fair marketing plan that is approved by the city to ensure advertising of the availability of the affordable units to a wide spectrum of city residents.
B. 
Senior housing agreement. Applicants that have been conditionally granted a density bonus, incentives and concessions, and/or waiver for the provision of market rate senior housing shall enter into a senior housing agreement with the city in a form approved by the city attorney. The senior housing agreement shall require the development to operate as a senior citizen housing development pursuant to Government Code section 65915(b)(1)(C). The senior housing agreement shall also include the following:
1. 
Approved density bonus, incentives, concessions, waivers, and/or parking reductions, if any; and
2. 
Schedule of development for all units.
C. 
Recordation. The executed affordable housing agreement or senior housing agreement shall be recorded against the housing development prior to final map approval or, where a map is not being processed, prior to the issuance of building permits. The affordable housing agreement or senior housing agreement shall bind all future owners and successors in interest for the term of years specified therein.
(Ord. No. 1197, § 5, 6-27-22)
A. 
The provisions of this section shall apply to all developers and their agents, successors, and assigns proposing a housing development governed by this section. No building permit or certificate of occupancy shall be issued, nor any entitlement granted, for a project receiving a density bonus, incentive, concession, or waiver until it meets the requirements of this section.
B. 
The director shall establish administration regulations which contain guidelines and procedures for the effective implementation of this section. The administrative regulations may include fees for monitoring, reports, transactions, and other administrative activities to the extent allowable by state density bonus law. All fees shall be approved by the city council in an amount set by resolution, pursuant to section 18 of the Cypress Zoning Code.
C. 
All affordable units shall be rented or owned in accordance with this section and the administrative guidelines. Any individual who sells or rents an affordable unit in violation of the provisions of this section shall be required to forfeit all monetary amounts so obtained.
D. 
The city attorney shall be authorized to enforce the provisions of this section and all affordable housing agreements, senior housing agreements, covenants, resale restrictions, promissory notes, deeds of trust, and other requirements placed on affordable units by civil action and any other proceeding or method permitted by law.
(Ord. No. 1197, § 5, 6-27-22)
If any portion of this subsection conflicts with state density bonus law or other applicable state law, state law shall supersede this section. Any ambiguities in this section shall be interpreted to be consistent with state density bonus law.
(Ord. No. 1197, § 5, 6-27-22)