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:
“Conversion”
means the change of status of a dwelling unit from a for-sale
unit to a rental unit or vice versa.
“Density bonus dwelling units”
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.
“Density bonus housing agreement”
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.
“Density bonus housing project”
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).
“Dwelling unit”
shall have the definition given for dwellings in Section
20.630.002 of the Municipal Code.
“For-sale unit”
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.
“Incentives”
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.
“Market-rate unit”
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.
“Maximum allowable residential density”
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).
“Residential development”
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.
“State Density Bonus Law”
means Sections 65915 through 65918 of the California Government
Code, or successor provisions, as such law may change from time to
time.
“Target dwelling unit”
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.
“Very low income household”
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)
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)
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)