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.
“Lower income household”
shall have the meaning as defined in California Health and Safety Code Section 50079.5.
“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).
“Moderate-income household”
shall have the meaning as defined in California Health and Safety Code Section 50093.
“Rental unit”
means a dwelling unit that is not a for-sale unit.
“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)
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)