The public good is served when there exists in a City housing
which is appropriate for the needs of and affordable to all members
of the public who reside within that City. Among other needs, there
is in South San Francisco a need for housing affordable to extremely
low, very low, lower and moderate income households, senior citizens,
transitional foster youth, disabled veterans and homeless persons.
Therefore, it is in the public interest for the City to promote the
construction of such additional housing through the exercise of its
powers and the utilization of its resources.
A.
It
is the purpose of this chapter to provide incentives to developers
for the production of housing affordable to extremely low income households,
very low income households, lower-income households, moderate-income
households, senior citizens, transitional foster youth, disabled veterans
and homeless persons.
B.
It
is the purpose of this chapter to implement the goals, objectives,
and policies of the housing element of the City’s General Plan,
as amended.
C.
It
is the purpose of this chapter to implement Sections 65915 through
65918 of the California Government Code, or successor provisions (“State
Density Bonus Law”).
D.
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 chapter that would not arise independently of the provisions
of this chapter.
(Ord. 1566 §2, 2018)
All terms used herein shall have the same meanings as set forth
in the State Density Bonus Law. In addition, the following terms which
are used in this chapter shall have the meaning established by this
section:
means the change of status of a dwelling unit from a for-sale
unit to a rental unit or vice versa.
means those residential units granted pursuant to the State
Density Bonus Law and the provisions of this chapter which are in
excess of the maximum allowable residential density of the project
site.
means a legally binding agreement between an applicant and the City to ensure that the requirements of this chapter are satisfied with respect to a density bonus housing project, in accordance with Section 20.390.010 of this chapter.
means a residential development project which receives a density bonus, incentives and concessions, waiver or modification of development standards, or favorable parking requirements pursuant to this chapter. Where an affordable housing agreement is required pursuant to Section 20.380.014, the density bonus housing agreement and inclusionary housing agreement may be combined in a single housing agreement as provided in Section 20.390.010(D).
shall have the definition given for dwellings in Section
20.630.002 of the Municipal Code.
means a dwelling unit, including an attached or detached
single-family home, condominium, stock cooperative or community apartment,
which is offered for sale to individual buyers.
means concessions and incentives as described in Government
Code Section 65915(k), granted by the City in accordance with the
State Density Bonus Law and this chapter.
shall have the meaning as defined in California Health and
Safety Code Section 50079.5.
means a dwelling unit where the rental rate or sales price is not restricted either by this chapter, Chapter 20.380 of the Municipal Code, or by requirements imposed through other local, State, or Federal affordable housing programs.
means the maximum number of residential units permitted on
the project site, which number of units is calculated by multiplying
the net developable acreage of the project site times the growth management
control point(s) for the project site’s applicable residential
General Plan designation(s).
shall have the meaning as defined in California Health and
Safety Code Section 50093.
means a dwelling unit that is not a for-sale unit.
means any new residential construction of rental or for-sale
units; or development revisions, including those with and without
a master plan or specific plan, planned unit developments, site development
plans, mobile home developments and conversions of apartments to condominiums,
as well as dwelling units for which the cost of shelter is included
in a recurring payment for expenses, whether or not an initial lump
sum fee is also required.
means Sections 65915 through 65918 of the California Government
Code, or successor provisions, as such law may change from time to
time.
means a dwelling unit that will be offered for rent or sale
exclusively to and which shall be affordable to the designated income
group or qualified resident, as required by this chapter.
shall have the meaning as defined in California Health and
Safety Code Section 50105. For purposes hereof, very low income households
shall include extremely low income households, as defined in California
Health and Safety Code Section 50106.
(Ord. 1566 § 2, 2018)
The City shall grant a density bonus and incentives and concessions
to applicants for approval of a residential development project of
at least five units, as and to the extent required pursuant to Section
65915 of the State Density Bonus Law.
(Ord. 1566 § 2, 2018)
The City shall grant a density bonus or other incentives of
equivalent financial value to applicants for approval of a conversion,
as and to the extent required pursuant to Section 65915.5 of the State
Density Bonus Law.
(Ord. 1566 § 2, 2018)
Upon the written request of an applicant who has qualified for
a density bonus, the City shall require a vehicular parking ratio
for the project, inclusive of handicapped and guest parking, which
does not exceed the parking ratios established pursuant to Section
65915(p) of the State Density Bonus Law.
(Ord. 1566 § 2, 2018)
Upon the written request of an applicant who has qualified for
a density bonus, the City shall approve a waiver or reduction of those
City development standards that will have the effect of physically
precluding the construction of the development project at the densities
or with the incentives and concessions permitted pursuant to this
chapter, as and to the extent required pursuant to Section 65915 of
the State Density Bonus Law. Upon the request of an applicant, the
City shall meet with the applicant to discuss the City’s disapproval
of a requested waiver or reduction of City development standards.
(Ord. 1566 § 2, 2018)
A.
All residential development subject to this chapter must satisfy all of the requirements of this chapter, notwithstanding the development’s satisfaction of other program requirements, laws or regulations such as the inclusionary housing requirements of Chapter 20.380. Those target dwelling units provided under this chapter which meet all of the requirements for inclusionary units set forth in Chapter 20.380, shall also qualify as inclusionary units for purposes of that chapter.
B.
Target
dwelling units shall be constructed concurrently with market rate
dwelling units unless both the both the final decision-making authority
of the City and the applicant agree to an alternative schedule for
development. The schedule for construction of inclusionary units shall
be included in the density bonus housing agreement.
C.
Target
dwelling units shall remain restricted and affordable in accordance
with the requirements of Section 65915 of the State Density Bonus
Law.
D.
Target
dwelling units and density bonus dwelling units shall be built within
the site of the density bonus housing project.
E.
Density
bonus housing projects shall comply with all applicable development
standards of the City, except those which have been modified as incentive
or concessions or through development standard waivers or modifications,
as provided in this chapter. In addition, all units in density bonus
housing projects must conform to the requirements of all applicable
building and housing codes.
F.
The
design of all units within a density bonus housing project shall be
consistent with General Plan standards; compatible with the design
of the total project development in terms of appearance, materials
and finished quality and conform to General Plan standards; and consistent
with affordable housing development standards prepared by the Department
of Economic and Community Development as adopted by the City Council.
The distribution of the size of target dwelling units, as measured
by the number of bedrooms in a target dwelling unit, shall be in the
same proportion as the distribution of the size of market rate units
within the development, as measured by the number of bedrooms in the
market rate units. Residents of target dwelling units shall be entitled
to use all of the same amenities and facilities of the residential
development as residents of market rate units within the residential
development.
G.
No
building permit shall be issued, nor any development approval granted,
for any improvements within a residential development subject to this
chapter which does not meet the requirements of this chapter. No target
dwelling unit shall be rented or sold except in accordance with this
chapter.
(Ord. 1566 § 2, 2018)
The owner of rental target dwelling units shall provide all
notices and rights to tenants required to be given prior to and upon
the expiration of affordability covenants pursuant to Government Code
Section 65863.10 or a successor statute.
(Ord. 1566 § 2, 2018)
A.
General. All residential projects requesting a density bonus, incentives and concessions, waiver or modification of development standards, or favorable parking requirements pursuant to this chapter, shall be required to comply with the following application requirements. Target dwelling units proposed to be developed onsite shall be designated on the project plans and shall be processed under a site development plan application in addition to the otherwise required project development application(s) (i.e., tentative maps, parcel maps, planned unit developments and Conditional Use Permits). The site development plan shall be processed pursuant to Titles 19 (“Subdivisions”) and 20 (“Zoning”) of the South San Francisco Municipal Code. No additional hearings or approvals shall be required, except as provided herein with regard to the provision of financial incentives. If the application involves a request to the City for direct financial incentives, then any action by the Planning Commission on the application shall be advisory only, and the City Council shall have the authority to make the final decision on the site development plan application and any related discretionary permits.
B.
Preliminary Application. An applicant proposing a density bonus housing project may submit a preliminary application prior to the submittal of any formal requests for approvals of such housing development. The preliminary application shall include the following information. To the extent possible, applicants shall combine into a single integrated preliminary application the information required below and the information required in the preliminary application for an inclusionary housing project pursuant to Section 20.380.013 of the Municipal Code:
1.
A brief description of the proposal, including the number of target
dwelling units and density bonus dwelling units proposed.
2.
The zoning, General Plan designations and assessor’s parcel
number(s) of the project site.
3.
A site plan, drawn to scale, which includes: building footprints,
driveway and parking layout, building elevations, existing contours
and proposed grading.
4.
A letter identifying what density bonus, incentives and concessions,
waivers or modifications of development standards, or favorable parking
requirements are being requested of the City. Within 30 days of receipt
of the preliminary application by the Director of Economic and Community
Development (or his or her designee), the department shall provide
to an applicant a letter which identifies project issues of concern,
and for projects requesting direct financial assistance from the City,
the financial assistance that the Director of Economic and Community
Development (or his or her designee) would support when making a recommendation
to the final decision making authority. Such letter shall include
a summary of the procedures for compliance with this chapter. The
applicant shall also be provided with a copy of this chapter and related
policies, the pertinent sections of the California Codes to which
reference is made in this chapter and all required application forms.
5.
A statement describing whether the residential development is proposed
on any property that: (a) includes a parcel or parcels on which rental
dwelling units are, or if the dwelling units have been vacated or
demolished in the five-year period preceding the application, have
been subject to a recorded covenant, ordinance or law that restricts
rents to levels affordable to, persons and families of very low or
lower income; (b) has been subject to any other form of rent or price
control through a public agency’s exercise of its police power;
or (c) has been occupied by lower or very low income households.
C.
Submittal. The completed application(s) shall include the following information. To the extent possible, applicants shall combine into a single integrated submission the information required below and the information required in the inclusionary housing plan pursuant to Section 20.380.004 of the Municipal Code.
1.
A legal description of the total site proposed for development of
the target dwelling units, including a statement of present ownership
and present and proposed zoning.
2.
A letter signed by the present owner stating what density bonus,
incentives and concessions, waivers or modifications of development
standards, or favorable parking requirements are being requested from
the City.
3.
A detailed vicinity map showing the project location and such details
as the location of the nearest commercial retail, transit stop, potential
employment locations, park or recreation facilities or other social
or community service facilities.
4.
Site plans, designating the total number of units proposed on the
site, including the number of target dwelling units and density bonus
dwelling units, and supporting plans per the application submittal
requirements.
5.
In the case of a request for any incentives or concessions, a description
of how the requested incentives or concessions will result in identifiable
and actual cost reductions to provide for affordable housing costs
or rents for the target dwelling units.
6.
In the case of a request for waivers or modifications of development
standards, a description of how the existing development standards
will have the effect of physically precluding the construction of
the development at the densities or with the requested concessions
or incentives.
7.
In the case of a condominium conversion request, a report documenting
the following information for each unit proposed to be converted:
the monthly income of tenants of each unit throughout the prior year,
the monthly rent for each unit throughout the prior year, and vacancy
information for each unit throughout the prior year.
8.
A statement describing whether the residential development is proposed
on any property that: (a) includes a parcel or parcels on which rental
dwelling units are, or if the dwelling units have been vacated or
demolished in the five-year period preceding the application, have
been subject to a recorded covenant, ordinance or law that restricts
rents to levels affordable to, persons and families of very low or
lower income; (b) has been subject to any other form of rent or price
control through a public agency’s exercise of its police power;
or (c) has been occupied by lower or very low income households.
D.
Review. The Director of Economic and Community Development
and/or designated staff shall evaluate the request based upon the
following criteria:
1.
Whether the requested density bonus meets all of the requirements
of the State Density Bonus Law for receipt of a density bonus.
2.
Whether the requested incentives and concessions result in identifiable
and actual cost reductions to provide for affordable housing costs
or rents for the target dwelling units, and whether such incentives
and concessions would have a specific adverse impact upon public health
and safety, or the physical environment, or on any real property that
is listed in the California Register of Historical Resources, and
for which 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, or violates such
other requirements as may be set forth in the California Density Bonus
Law for incentives and concessions.
3.
Whether the City’s development standards physically preclude
the construction of the development project at the density and with
the concessions and incentives to be provided to the proposed project
pursuant to this chapter, and whether the requested waivers or modifications
are necessary to enable the construction of the development project
at such density and with such concessions and incentives.
4.
Whether the density bonus housing project complies with the General
Plan, zoning and development policies of the City.
5.
Whether the conversion of apartment units to condominiums will result
in a reduction in the affordable housing stock for lower income groups,
as of most recent inventory.
(Ord. 1566 § 2, 2018)
A.
Applicants receiving a density bonus, incentives and concessions, waivers or modifications of development standards, or favorable parking requirements pursuant to this chapter, shall demonstrate compliance with this chapter by the execution of a density bonus housing agreement. Where an affordable housing agreement is required pursuant to Section 20.380.014 (“Affordable Housing Agreement as a Condition of Development”), both the density bonus housing agreement and inclusionary housing agreement shall, if feasible, be combined into a single housing agreement. The density bonus housing agreement shall be submitted by City to the applicant. Following the approval and the signing by all parties, the completed density bonus housing agreement shall be recorded as specified in the density bonus housing agreement. The approval and recordation shall take place prior to final map approval, or, where a map is not being processed, prior to issuance of building permits for such lots or units. The density bonus housing agreement shall be binding on all future owners and successors in interest.
B.
A
density bonus housing agreement for new residential construction processed
pursuant to this chapter shall include the following:
1.
The number of density bonus dwelling units granted.
2.
The number and type of target dwelling units proposed.
3.
The unit size(s) (square footage) of target dwelling units and the
number of bedrooms per target dwelling unit.
4.
The proposed location of the target dwelling units.
5.
Tenure of restrictions for target dwelling units.
6.
Schedule for production of target dwelling units.
7.
A description of incentives and concessions, waivers and modifications
of development standards, provision of favorable parking requirements,
and financial assistance to be provided by the City.
8.
Where applicable, tenure and conditions governing the initial sale
of for-sale target dwelling units.
9.
Where applicable, tenure and conditions establishing rules and procedures
for qualifying tenants, setting rental rates, filling vacancies, and
operating and maintaining units for rental target dwelling units.
10.
Any other requirements of State Density Bonus Law.
C.
A
density bonus housing agreement for condominium conversions processed
pursuant to this chapter shall be required to include the following:
1.
The number of density bonus dwelling units granted.
2.
The number of lower and moderate-income dwelling units proposed.
3.
The unit size(s) (square footage) of target dwelling units and number
of bedrooms per target dwelling unit.
4.
The proposed location of the lower and moderate-income target dwelling
units.
5.
Tenure of affordability for target dwelling units.
6.
Schedule for production of target dwelling units.
7.
Incentives provided by the City.
8.
Terms and conditions of for-sale target dwelling units.
9.
Any other requirements of State Density Bonus Law.
(Ord. 1566 § 2, 2018)
A.
All
buyers of for-sale target dwelling units shall enter into a density
bonus resale agreement with the City’s housing authority prior
to purchasing the unit or property. The resale agreement shall be
consistent with the density bonus housing agreement for the density
bonus housing project.
B.
Where an affordable housing agreement involving the resale of inclusionary housing is required pursuant to Section 20.380.014 (“Affordable Housing Agreement as a Condition of Development”), both the resale agreements for inclusionary for-sale units and target for-sale units shall be combined into a single resale agreement.
(Ord. 1566 § 2, 2018)
Only households meeting the eligibility standards for the target
dwelling units as set forth in the density bonus housing agreement
shall be eligible to occupy target dwelling units.
(Ord. 1566 § 2, 2018)
Rental target dwelling units shall be managed and operated by
the owner or his or her agent. Each owner of rental target dwelling
units shall submit an annual report to the City in the form prescribed
by the City, identifying which units are target dwelling units, the
monthly rent, vacancy information for each rental target dwelling
unit for the prior year, monthly income for tenants of each rental
target dwelling unit, and other information as required by the City,
while ensuring the privacy of the tenant.
(Ord. 1566 § 2, 2018)
Over the minimum tenure of projects containing target dwelling
units, the City will either directly or, via one or more third parties,
provide a number of recurring services associated with the administration
and monitoring of such units. Although the provision of some of these
services will be within the normal purview of existing City activities,
others will involve new costs to the City for which there are no existing
funding sources. Unless and until alternative funding sources are
identified, it is necessary to require the builders and owners of
density bonus housing projects to share in these administrative costs.
Therefore, the City Council establishes an administrative fee for
target dwelling units, the amount to be established by the City Council
resolution and paid prior to the issuance of building permit(s).
(Ord. 1566 § 2, 2018)
If any provision of this chapter or the application thereof
to any person or circumstances is held invalid, the remainder of the
chapter and the application of the provision to other persons not
similarly situated or to other circumstances shall not be affected
thereby. In the event of any conflict between this chapter and State
Density Bonus Law, State Density Bonus Law shall prevail.
(Ord. 1566 § 2, 2018)
