The provisions of this Chapter are intended to incentivize development of affordable housing, implement the goals and policies of the Housing Element of the General Plan, and ensure compliance with State Government Code § 65915 et seq., as may be amended.
(Ord. 1670(19) § 11)
A. 
In compliance with Government Code § 65915 et seq., the provisions of this Chapter shall apply to all development, including mixed-use projects, within any zone where five or more residential dwelling units are proposed and where the applicant agrees to satisfy one or more of the following criteria:
1. 
At least 10% of the units are designated for low-income households, as defined in § 50079.5 of the Health and Safety Code;
2. 
At least five percent of the units are designated for very low-income households, as defined in Section 50105 of the Health and Safety Code;
3. 
100% of the units are designated for senior citizens as defined in Sections 51.3 and 51.12 of the Civil Code, or mobile home park that limits residency based on age requirements for housing for older persons in compliance with § 798.76 or 799.5 of the Civil Code;
4. 
At least 10% of the total dwelling units are in a common interest development as defined in Section 4100 of the Civil Code for persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code, provided that all units in the development are offered to the public for purchase;
5. 
At least 10% of the total units of a housing development for transitional foster youth, as defined in Section 66025.9 of the California Education Code, disabled veterans, as defined in Government Code § 18541, or homeless persons, as defined in the Federal McKinney-Vento Homeless Assistance Act (42 U.S.C § 11301 et seq.). These units shall be provided at the same affordability level as very low-income units; or
6. 
At least 20% of the total units of a student housing development for lower income students, as defined in Section 65915(b)(1)(F)(II) of the California Government Code.
B. 
An applicant shall be ineligible for a density bonus or any other incentive allowed by this Chapter if the housing development is proposed on any site that includes, or included in the last five years, rental dwelling units that are not replaced consistent with Government Code § 65915(c)(3).
(Ord. 1670(19) § 11)
A. 
Applicant Election. The Applicant shall elect under which criteria identified in Section 17.320.020.A the density bonus shall be awarded.
B. 
Density Bonus Calculation. All density calculations resulting in fractional units shall be rounded up the next whole number consistent with Government Code § 65915(q). The density bonus units shall not be included when determining the number of dwelling units used to satisfy the criteria in Section 17.320.020.A. The applicant may select from only one of the income categories identified in Table 17.320.030.A (Density Bonuses) and may not combine density bonuses from different income categories to achieve a larger density bonus.
C. 
Density Bonuses. For projects meeting the criteria of Section 17.320.020 (Applicability), an increase in density over the otherwise maximum allowable residential density shall be awarded as indicated in Table 17.320.030.A (Density Bonuses).
Table 17.320.030.A Density Bonuses
Affordability Category
Min. % Affordable Units
Base Density Bonus
Additional Density Bonus for Each 1% Increase in Affordable Units
Maximum Density Bonus
Affordable Housing
Very Low Income
5%
20%
2.5%
35%
Low Income
10%
20%
1.5%
35%
Moderate Income
10%
5%
1.0%
35%
Senior Citizen Housing
100% Senior Housing Development or Mobile Home Park for Seniors
100%
20%
N/A
20%
Transitional Foster Youth, Disabled Veterans, Homeless Housing
Very Low Income
10%
20% of the number of the type of units giving rise to this density bonus (Government Code § 65915(f)(3)(B))
Student Housing1
Lower Income
20%
35% of the student housing units (Government Code § 65915(f)(3)(C))
Land Donation2
Very Low Income
10%3
15%
1.0%
35%
Notes:
1
The student housing development must comply with the requirements of State Government Code § 65915(b)(1)(F).
2
The land donation must comply with the requirements of State Government Code § 65915(g)(2).
3
The developable acreage and zoning of the donated land must be sufficient to permit construction of very low-income units in an amount of not less than 10% of the number of residential units in the proposed development.
D. 
Floor Area Ratio Bonus In Lieu of Density Bonus. Consistent with Government Code § 65917.2, upon the developer's request, the City may grant the developer of an eligible housing development a floor area ratio bonus in lieu of a density bonus. The floor area ratio bonus shall be calculated in compliance with Government Code § 65917.2(b)(2).
(Ord. 1670(19) § 11)
A. 
Projects meeting the criteria of Section 17.320.020 (Applicability), that also include a child care facility, shall be granted either an additional bonus in an amount of square feet of residential floor area equal to the amount of square feet in the child care facility, or an additional incentive as described in Section 17.320.070 (Allowed Incentives), that significantly contributes to the economic feasibility of constructing the child care facility.
B. 
The requirements of Government Code § 65915(h)(2) shall be included as conditions of project approval.
(Ord. 1670(19) § 11)
In compliance with Government Code § 65915.5, when an applicant's residential development project is the conversion of an existing apartment complex to a condominium complex, the applicant agrees to make at least 33% of the total units of the proposed condominium residential development project affordable to low- or moderate-income households as defined in Health & Safety Code § 50093, or 15% of the total units of the proposed condominium residential development project to lower income households as defined in Health & Safety Code § 50079.5, and agrees to pay for the administrative costs incurred by the City related to process the application and monitor the future status of the affordable housing units, the City shall either: (1) grant a density bonus of 25% over the number of apartments; or (2) provide other incentives of equivalent financial value to be determined by the City. The City may impose reasonable conditions on the granting of a density bonus or incentive pursuant to Government Code § 65915.5(a). Condominium conversions shall also comply with the requirements of Section 17.404.160 (Multi-Family Housing—Condominium Conversion).
(Ord. 1670(19) § 11)
A. 
Availability. All designated affordable housing units shall be made available to qualified occupants at the same time as the market-rate housing units are made available within the same project.
B. 
Time Period of Affordability. The time period in which a unit is considered affordable shall be in compliance with Section 17.324.080 (Eligibility, Continued Affordability).
C. 
Establishment of Rents and Affordable Housing Cost. Rents for lower income density bonus units shall be set at an affordable rent as defined in Section 50053 of the Health and Safety Code. For-sale units that qualified the applicant for a density bonus shall be offered at an affordable housing cost and shall have an equity sharing agreement, both as described in Government Code § 65915(c)(2).
D. 
Design Quality. The design quality for affordable units shall be in compliance with Section 17.324.070 (Design Standards).
E. 
Parking Requirements for Qualified Projects. An applicant for a project that meets the requirements of Section 17.320.020 (Applicability) shall not be required to provide parking in addition to that required by Government Code § 65915(p).
(Ord. 1670(19) § 11)
A. 
Number of Incentives. A qualified project, as described in Section 17.320.020 (Applicability), shall be granted between one and three incentives according to Table 17.320.070.A (Incentives), and as described in Subsection B (List of Incentives).
Table 17.320.070.A Incentives
Affordability Category
Number of Incentives
One
Two
Three
Very Low Income
5-9%
10-14%
15% or greater
Low Income
10-19%
20-29%
30% or greater
Moderate Income
10-19%
20-29%
30% or greater
Set aside calculation rounded up to the next whole number.
B. 
List of Incentives. Applicants may select from the incentives listed below:
1. 
Setback.
a. 
Up to a 20% modification from side setback requirements.
b. 
Up to a 35% modification of front and rear setback requirements. All setback modifications shall count as one incentive.
2. 
Building height. Up to a 10-foot increase in height.
3. 
Floor area ratio. Up to a 20% increase in allowable floor area ratio.
4. 
Other incentives. A qualified development may also request incentives not listed above in compliance with Government Code § 65915(d), (k), and (l).
(Ord. 1670(19) § 11)
A. 
Required Project Information. The applicant requesting a density bonus or incentive under the provisions of this Chapter shall provide the following information:
1. 
The total number of base units.
2. 
The number of proposed affordable housing units and the percent density bonus proposed.
3. 
The affordability category and level(s) of the proposed affordable housing units as identified in Table 17.320.030.A.
4. 
The unit types (one-bedroom, two-bedroom, etc.) and sizes proposed for both market rate and affordable units.
5. 
Description of whether the units will be restricted by age, and if so, the proposed age restriction (e.g., 62 years of age or older).
6. 
Location of affordable units within the projects.
7. 
Construction schedule and phasing plan.
8. 
The specific incentive(s) sought, as described in Section 17.320.070 (Allowed Incentives), if any. The applicant may provide documentation regarding the necessity of the incentive(s) in order to provide affordable housing costs or rents.
9. 
Proposed number of parking spaces for both the market rate and affordable units.
10. 
If requesting a density bonus based on land donation in compliance with State Government Code § 65915(g), information sufficient to permit the City to determine that the proposed donation conforms with the requirements of Section 65915 and this Code.
11. 
If requesting a density bonus or incentive based on the provision of a child care facility in compliance with State Government Code § 65915(h), information sufficient to permit the City to determine that the proposed child care facility conforms with the requirements of Government Code § 65915 and this Code.
12. 
Any other information identified by the City's official application form.
B. 
Existing Housing Projects. An application in compliance with this Chapter, which involves rehabilitation and/or conversion of an existing housing project to an affordable housing development or which involves conversion of an approved, unbuilt housing project to an affordable housing development, shall be in compliance with Chapter 17.556 (Permit Modification and Revocation).
(Ord. 1670(19) § 11)
A. 
The granting of a density bonus or an incentive shall not, in and of itself, be interpreted to require a General Plan or Code amendment.
B. 
Finding for Denial of an Incentive. The review authority shall grant the incentive(s) requested by the applicant, unless a written finding is made, based upon substantial evidence, consistent with Government Code § 65915(d)(1). The City shall bear the burden of proof for denial (Government Code § 65915(d)(4)).
C. 
Pre-Application (optional). A developer of a proposed housing development, in compliance with this Chapter, may submit a pre-application consistent with Chapter 17.504 (Application Processing Procedures).
1. 
A pre-application for a project that includes a density bonus request consistent with this Chapter shall include the following information as a minimum:
a. 
A brief description of the proposed housing development, including the total number of units, affordable units, and density bonus units proposed;
b. 
The zoning and General Plan designation(s) and assessor's parcel number(s) for the project site;
c. 
A vicinity map and preliminary site plan, drawn to scale, including building footprints, driveways, and parking layout; and
d. 
If an incentive is requested, the application may describe why the incentive is necessary to provide the minimum number of affordable units.
2. 
Within 90 days after receipt of the pre-application, the City shall provide to the developer a letter which identifies project issues of concern and the procedures for compliance with this Chapter.
(Ord. 1670(19) § 11)
A. 
Agreement Required. Consistent with Government Code § 65917, an applicant requesting a density bonus and/or incentives or concessions shall agree to enter into a density bonus agreement with the City in a form approved by the Council. The agreement shall be consistent with any construction or mortgage financing assistance program, mortgage insurance program, rental subsidy program, or other similar grant program requirements or terms, and with Government Code § 65915.
B. 
Execution of Agreement.
1. 
Following approval of the agreement, and execution of the agreement by all parties, the City shall record the completed agreement on the parcels designated for the construction of designated dwelling units, at the County Recorder's office.
2. 
The approval and recordation shall take place at the same time as the final map or, where a map is not being processed, before the issuance of a Building Permit for the designated dwelling units.
3. 
The agreement shall be binding on all future owners, developers, and/or successors-in-interest for the specified term.
(Ord. 1670(19) § 11)
The developer of a housing development shall defend, indemnify and hold the City, its officials and employees harmless from any and all claims of damages or injuries arising from developer's obtaining entitlements and permits, developer's construction, maintenance, operation, use or sale of the housing development, or any act or omission of the developer, its officers, employees or agents, and from any and all expenses, liabilities, costs, and reasonable attorney fees incurred on account of any claims, action, or proceeding brought against the City, its officials, officers and employees in connection with the housing development.
(Ord. 1670(19) § 11)