This chapter is established to set forth standards providing for incentives or concessions for lower income housing units and child care facilities when an applicant seeks a density bonus. This chapter is intended to implement and comply with Government Code Section 65915.
(Ord. 1214 § 2, 2013)
As used in this chapter the following definitions are provided:
"Child care facility"
means a child day care facility other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and school age child care centers.
"Concession or incentive"
means any of the following:
1. 
A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable, financially sufficient, and actual cost reductions.
2. 
Approval of mixed use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located.
3. 
Other regulatory incentives or concessions proposed by the developer or the city, that result in identifiable, financially sufficient, and actual cost reductions.
"Development standard"
includes a site or construction condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an on-site open space requirement, or a parking ratio that applies to a residential development pursuant to any ordinance, general plan element, specific plan, or other local condition, law, policy, resolution, or regulation.
"Housing development"
means a development project for five or more residential units. Also includes a subdivision or common interest development, as defined in Section 1351 of the Civil Code, approved by the city, and consists of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, as defined in Section 65863.4(d) of the Planning and Zoning Law, where the result of the rehabilitation would be a net increase in available residential units.
"Maximum allowable residential density"
means the density allowed under the zoning ordinance and land use element of the general plan, or if a range of density is permitted, means the maximum allowable density for the specific zoning range and land use element of the general plan applicable to the project. Where the density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan, the general plan density shall prevail.
"Rounding of density or parking calculations"
means any density or parking calculation resulting in fractional units shall be rounded up to the next whole number.
"Site"
means the residential units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located.
(Ord. 1214 § 2, 2013)
A. 
For a housing development in any residential zone or residential specific plan providing a specified minimum percentage of the total units in the applicable specified category, the following density bonus shall be granted:
Percent of Total Units1
Categories
Low Income2
Very Low Income3
Senior Citizen4
Moderate Income5
5
0
20
0
0
6
0
22.5
0
0
7
0
25
0
0
8
0
27.5
0
0
9
0
30
0
0
10
20
32.5
20
5
11
21.5
35
6
12
23
7
13
24.5
8
14
26
9
15
27.5
10
16
29
11
17
30.5
12
18
32
13
19
33.5
14
20
35
15
21
16
22
17
23
18
24
19
25
20
26
21
27
22
28
23
29
24
30
25
31
26
32
27
33
28
34
29
35
30
36
31
37
32
38
33
39
34
40
35
1.
Total units does not include units added by a density bonus awarded pursuant to Section 18.22.030 of this chapter.
2.
Lower income households as defined by Section 50079.5 of the Health and Safety Code.
3.
Very low income households as defined by Section 50105 of the Health and Safety Code.
4.
Senior citizen housing developments, as defined in Sections 51.3 and 51.12 of the Civil Code, or mobile home parks that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code.
5.
A common interest subdivision as defined by Section 1351 of the Civil Code for persons and families of moderate income, as defined by Section 50093 of the Health and Safety Code, provided that all units in the development are offered to the public for purchase.
B. 
The granting of a density bonus shall not be interpreted, in and of itself, to require a general plan amendment, zoning change or other discretionary approval.
C. 
Continued affordability of any low and very low income units that qualified for a density bonus awarded pursuant to this section shall be ensured by appropriate recorded instruments and/or agreements for a minimum of thirty years, subject to the following additional standards, where applicable.
1. 
A longer time period may be required where specified by the construction or mortgage financing program, mortgage insurance program or rental subsidy program.
2. 
Rents for low and very low income units shall be set at an affordable rent, as defined by Section 50053 of the Health and Safety Code.
3. 
Owner occupied units shall be available at an affordable housing cost as defined in Section 50052.5 of the Health and Safety Code.
D. 
An equity sharing agreement shall be required for any density bonus awarded in a common interest development, as defined by Section 1352 of the Civil Code, unless such an agreement is in conflict with the requirements of another public funding source or law.
1. 
The initial occupant of moderate income units shall be persons and families of moderate income, as defined by Section 50093 of the Health and Safety Code, and any such units shall be offered at an affordable housing cost, as that cost is defined by Section 50052.5 of the Health and Safety Code.
2. 
The equity sharing agreement shall comply with Section 65915(c)(2)(A) through (C) of the Planning and Zoning Law.
(Ord. 1214 § 2, 2013)
A. 
When a donation of land meeting certain specified standards is made to the city in conjunction with a tentative subdivision map, a parcel map or other residential development proposal, a fifteen percent increase above the otherwise allowable maximum residential density for the entire development as follows:
Percentage of Very Low Income Units
Density Bonus Percentage
10
15
11
16
12
17
13
18
14
19
15
20
16
21
17
22
18
23
19
24
20
25
21
26
22
26
23
28
24
29
25
30
26
31
27
32
28
33
29
34
30
35
B. 
This residential density bonus shall be in addition to any increase granted pursuant to Section 18.22.030 up to a maximum combined mandated density increase of thirty-five percent if a density increase is requested pursuant to both sections.
C. 
Any such additional density bonus pursuant to this section shall satisfy all of the following conditions:
1. 
The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application.
2. 
The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households in an amount not less than ten percent of the number of residential units of the proposed development.
3. 
The transferred land is at least one acre in size or of sufficient size to permit development of at least forty units, has the appropriate general plan designation, is appropriately zoned with appropriate development standards for development at the density described in Section 65583.2(c)(3) of the Planning and Zoning Law, and is or will be served by adequate public facilities and infrastructure.
4. 
The transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land, not later than the date of approval of the final subdivision map, parcel map, or residential development application, except that the city may subject the proposed development to subsequent design review to the extent authorized by Section 65583.2(i) of the Planning and Zoning Law if the design is not reviewed by the city prior to the time of transfer.
5. 
The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with Section 65583.2(c)(1) and (2) of the Planning and Zoning Law, which shall be recorded on the property at the time of the transfer.
6. 
The land is transferred to the city or to a housing developer approved by the local agency. The local agency may require the applicant to identify and transfer the land to the developer.
7. 
The transferred land shall be within the boundary of the proposed development or, if the city agrees, within one-quarter mile of the boundary of the proposed development.
8. 
A proposed source of funding for the very low income units shall be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application.
(Ord. 1214 § 2, 2013)
A. 
In conjunction with a density bonus granted pursuant to Section 18.22.030, concessions or incentives, as defined herein, may be requested and shall be granted as follows:
Number of Concessions or Incentives
Percentage of Total Units by Project Type
Very Low Income
Lower Income
Moderate Income
1
5
10
10
2
10
20
20
3
15
30
30
B. 
A requested concession or incentive may not be allowed only if, based upon substantial evidence, any of the following written findings are made:
1. 
The concession or incentive is not required in order to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c).
2. 
The concession or incentive would have a specific adverse impact, as defined in Section 65589.5(d)(2) of the Planning and Zoning Law, 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.
3. 
The concession or incentive would be contrary to state or federal law.
(Ord. 1214 § 2, 2013)
A. 
In conjunction with a density bonus granted pursuant to Section 18.22.030 or concessions or incentives granted pursuant to Section 18.22.050, a waiver or reduction of development standards, as defined herein, may be requested and shall be granted where the development standard will have the effect of physically precluding the construction of the development.
B. 
A request for the waiver of a development standard pursuant to this section shall neither reduce nor increase the number of incentives or concessions allowed pursuant to Section 18.22.050.
C. 
A requested waiver or reduction of a development standard may not be allowed only if, based upon substantial evidence, any of the following written findings are made:
1. 
The concession or incentive is not required in order to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c).
2. 
The concession or incentive would have a specific adverse impact, as defined in Section 65589.5(d)(2) of the Planning and Zoning Law, 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.
3. 
The concession or incentive would be contrary to state or federal law.
(Ord. 1214 § 2, 2013)
A. 
In conjunction with a density bonus granted pursuant to Section 18.22.030, upon request, parking standards, including handicapped and guest parking, shall not exceed the following:
Number of Bedrooms
Maximum Number of Parking Spaces per Unit
0-1
1
2-3
2
4+
2.5
B. 
For purposes of this section, a development may provide "on-site parking" through tandem parking or uncovered parking, but not through on-street parking.
C. 
An applicant may request parking incentives or concessions beyond those provided in the subdivision pursuant to Section 18.22.050.
(Ord. 1214 § 2, 2013)
A. 
Where a child care facility, as defined herein, is located on the premises of, as part of, or adjacent to, a project which includes a density bonus granted pursuant to Section 18.22.030 either of the following shall be granted:
1. 
An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the child care facility.
2. 
An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility.
B. 
Where such a child care facility is approved, the following standards shall apply:
1. 
The child care facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable pursuant to Section 18.22.030(C) or (D), as applicable.
2. 
Of the children who attend the child care facility, the children of very low income households, lower income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low income households, lower income households, or families of moderate income pursuant to Section 18.22.030(A), as applicable.
(Ord. 1214 § 2, 2013)
A. 
When an applicant for approval to convert apartments to a condominium project agrees to provide at least thirty-three percent of the total units of the proposed condominium project to persons and families of low or moderate income as defined in Section 50093 of the Health and Safety Code, or fifteen percent of the total units of the proposed condominium project to lower income households as defined in Section 50079.5 of the Health and Safety Code, and agrees to pay for the reasonably necessary administrative costs incurred by the city, the city shall either:
1. 
Grant a density bonus for an increase in units of twenty-five percent over the number of apartments, to be provided within the existing structure or structures proposed for conversion; or
2. 
Provide other incentives of equivalent financial value which may include the reduction or waiver of requirements which the city might otherwise apply as conditions of approval for the conversion. The city is not required to provide cash transfer payments or other monetary contributions.
B. 
Reasonable conditions may be placed such on the granting of a density bonus or other incentives of equivalent financial value as it finds appropriate, including, but not limited to, conditions which assure continued affordability of units to subsequent purchasers who are persons and families of low and moderate income or lower income households.
C. 
If a preliminary proposal is submitted pursuant to this section, the city shall, within ninety days of receiving a written proposal, notify in writing of the manner in which it will comply with this section.
D. 
Nothing in this section shall be construed to require the city to approve a proposal to convert apartments to condominiums.
E. 
An apartment project which was granted a density bonus pursuant to Section 18.22.030 or concessions or incentives pursuant to Section 18.22.050 is not eligible to receive a density bonus or incentives pursuant to this section.
(Ord. 1214 § 2, 2013)