The purpose of this Chapter is to provide incentives for the
production of housing for very low, low, and moderate income, special
needs, and senior households in accordance with Government Code Sections
65915 through 65918. In enacting this Chapter, it is the intent of
the City Council to facilitate the development of affordable housing
and to implement the goals and policies of the City's General Plan
Housing Element.
(Ord. 1501 § 1, 2011)
The City of Manteca shall grant one density bonus, with concessions or incentives, as specified in Section 17.72.040 (Number and Types of Incentives and Concessions and Density Bonuses Allowed), when the applicant for the housing development seeks and agrees to construct a housing development, excluding any units permitted by the density bonus awarded pursuant to this Chapter, that will contain at least one of the following:
A.
Ten
percent of the total units of a housing development for lower-income
households;
B.
Five
percent of the total units of a housing development for very low-income
households;
C.
A senior
citizen housing development or age-restricted mobile home park; or
D.
Ten
percent of the total dwelling units in a common interest development
as defined in Section 1351 of the California Civil Code for persons
and families of moderate income, provided that all units in the development
are offered to the public for purchase.
(Ord. 1501 § 1, 2011)
The following general provisions apply to the application and
determination of all incentives and bonuses:
A.
Rounding.
All density calculations resulting in fractional units shall be rounded
up to the next whole number, except that the percentage of total units
proposed to qualify the development for a density bonus shall not
be rounded up. For example, for a 200-unit project that proposes 21
lower-income units (or 10.5%), the allowed density bonus would be
based on 10% lower-income units, not 11%.
B.
Relation
to General Plan, Zoning. The granting of a density bonus, or a concession
or incentive, shall not be interpreted, in and of itself, to require
a General Plan Amendment, zoning change, or other discretionary approval.
C.
Density
Bonus Excluded in Calculation. The density bonus shall not be included
when calculating the total number of housing units that qualifies
the housing development for a density bonus.
D.
Parking. Upon request by the applicant, the City shall not require that a housing development meeting the requirements of Section 17.72.020 (Eligibility for Incentives and Concessions and Density Bonuses) provide a vehicular parking ratio, inclusive of handicapped and guest parking, that exceeds the following:
1.
Zero
(studio) to one bedroom: one on-site parking space per unit.
2.
Two
to three bedrooms: two on-site parking spaces per unit.
3.
Four
or more bedrooms: two and one-half parking spaces per unit.
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If the total of parking spaces required for a housing development
is other than a whole number, the number shall be rounded up to the
next whole number. For purposes of this Subsection, a development
may provide on-site parking through tandem parking or uncovered parking,
but not through on-street parking.
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E.
Waived
or Reduced Development Standards
1.
The City shall not apply any development standard that would have the effect of physically precluding the construction of a housing development meeting the requirements of Section 17.72.020 (Eligibility for Incentives and Concessions and Density Bonuses) at the densities or with the incentives or concessions permitted by this Chapter.
2.
An
applicant may submit to the City a proposal for the waiver or reduction
of development standards, when standards would have the effect of
physically precluding the proposed development, and may request a
meeting with the City. Nothing in this subsection, however, shall
be interpreted to require the City to waive or reduce development
standards if:
a.
The waiver or reduction would have a specific adverse impact, as
defined in paragraph (2) of subdivision (d) of Section 65589.5 of
the California Government Code, upon health and safety or the physical
environment and for which the City determines there is no feasible
method to satisfactorily mitigate or avoid the specific adverse impact;
or
b.
This would have an adverse impact on any real property that is listed
in the California Register of Historical Resources.
c.
The waiver or reduction would be contrary to state or federal law.
F.
Multiple
Zoning Districts. If the site of a development proposal is located
in two or more Zoning Districts, the number of dwelling units permitted
in the development is the sum of the dwelling units permitted in each
of the Zoning Districts based on the site acreage within each Zoning
District. The permitted number of dwelling units may be distributed
within the development without regard to the zone boundaries.
G.
Affordable Housing Requirements. For projects subject to Chapter 17.32 (Affordable Housing Requirements) of this Title, the affordable housing units required by that Chapter may be counted toward the affordable units required to qualify for a density bonus per Section 17.72.020 (Eligibility for Incentives and Concessions and Density Bonuses).
H.
Nothing
in this Chapter shall be construed to enlarge or diminish the authority
of the City to require a developer to donate land as a condition of
development.
I.
Agreement
Required
1.
Prior
to the award of a density bonus and any related incentives or concessions,
the applicant shall enter into an agreement with the City to ensure
the continued affordability of all target units.
2.
For
all target units, the agreement shall specify the household-income
classification, number, location, size, and construction scheduling
and shall require target units in a project and phases of a project
to be constructed concurrently with the construction of non-target
units. The agreement shall include such other provisions as necessary
to establish compliance with the requirements of this Chapter.
J.
Reports.
The applicant shall submit financial or other reports along with the
application for the project to establish compliance with this Chapter.
The City may retain a consultant to review any financial report (pro
forma). The cost of the consultant shall be borne by the applicant;
except if the applicant is a nonprofit organization, the cost of the
consultant may be paid by the City upon prior approval of the City
Council.
K.
CEQA
Review. Any residential development that qualifies for a density bonus
shall not be exempt from compliance with the California Environmental
Quality Act.
(Ord. 1501 § 1, 2011)
A.
General Project Density Bonus. A housing development that satisfies the eligibility requirements in Section 17.72.020 (Eligibility for Incentives and Concessions and Density Bonuses) of this Chapter shall be entitled to the following density bonus:
1.
For
developments providing 10 percent lower-income target units, the City
shall provide a 20 percent increase above the otherwise maximum allowable
residential density as of the date of application, plus a 1.5 percent
supplemental increase over that base for every 1 percent increase
in low-income target units above 10 percent. The maximum density bonus
allowed including supplemental increases is 35 percent.
2.
For
developments providing 5 percent very low-income target units, the
City shall provide a 20 percent increase above the otherwise maximum
allowable residential density as of the date of application, plus
a 2.5 percent supplemental increase over that base for every 1 percent
increase in very low-income target units above 5 percent. The maximum
density bonus allowed including supplemental increases is 35 percent.
3.
For
senior citizen housing developments, a flat 20 percent of the number
of senior units.
4.
For
common interest developments providing 10 percent moderate-income
target units, the City shall provide a 5 percent increase above the
otherwise maximum allowable residential density as of the date of
application, plus a 1 percent increase in moderate-income units above
10 percent. The maximum density bonus allowed including supplemental
increases is 35 percent.
B.
Number
of Incentives or Concessions. In addition to the eligible density
bonus percentage described in this Section, an applicant may request
specific incentives or concessions in connection with its application
for a density bonus as follows:
1.
One
incentive or concession for projects that include at least 10 percent
of the total units for lower-income households, at least 5 percent
for very low-income households, or at least 10 percent for persons
and families of moderate income in a common interest development.
2.
Two
incentives or concessions for projects that include at least 20 percent
of the total units for lower-income households, at least 10 percent
for very low-income households, or at least 20 percent for persons
and families of moderate income in a common interest development.
3.
Three
incentives or concessions for projects that include at least 30 percent
of the total units for lower-income households, at least 15 percent
for very low-income households, or at least 30 percent for persons
and families of moderate income in a common interest development.
4.
The
City shall grant the concession or incentive requested by the applicant
unless it makes a written finding of either of the following:
a.
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).
b.
The concession or incentive would have a specific adverse impact,
as defined in paragraph (2) of subdivision (d) of Section 65589.5,
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.
c.
The concession or incentive would be contrary to state or federal
law.
C.
Available
Incentives and Concessions. The following incentives and concessions
are available for compliance with this Chapter:
1.
A
reduction in the 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 Section 18907 of Division
13 of the Health and Safety Code, including, but not limited to, a
reduction in setback and square footage requirements and in ratio
of vehicle parking spaces that would otherwise be required and that
results in identifiable, financially sufficient, and actual cost reductions.
2.
Approval
of mixed-use development in conjunction with the housing development
if the nonresidential land uses will reduce the cost of the housing
development and the nonresidential land uses are compatible with the
housing development and surrounding existing development in the area
in which the housing development will be located.
3.
Other
regulatory incentives or concessions proposed by the applicant or
that the City determines that will result in identifiable, financially
sufficient, and actual cost reductions.
4.
Priority
processing of a housing development that provides income-restricted
units.
D.
Additional
Density Bonus and Incentives and Concessions for Donation of Land
to the City. The following incentives and concessions are available
for compliance with this Chapter:
1.
When
an applicant for a tentative subdivision map, parcel map, or other
residential development approval donates land to the City and agrees
to include a minimum of 10 percent of the total units before the density
bonus for very low-income households, the applicant shall be entitled
to a 15 percent increase above the otherwise maximum allowable residential
density, plus a 1 percent supplemental increase for each additional
percentage of very low-income units to a maximum density bonus of
35 percent for the entire development.
2.
The
density bonus provided in this subsection shall be in addition to
any other density bonus provided by this Chapter up to a maximum combined
density bonus of 35 percent.
3.
The
applicant shall be eligible for the increased density bonus described
in this subsection if all of the following conditions are met:
a.
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.
b.
The developable acreage and zoning designation of the land being
transferred are sufficient to permit construction of units affordable
to very low-income households in an amount not less than 10 percent
of the number of residential units of the proposed development.
c.
The transferred land is at least 1 acre in size or of sufficient
size to permit development of at least 40 units, has the appropriate
General Plan designation, is appropriately zoned with appropriate
development standards for development at the density described in
paragraph (3) of subdivision (c) of Section 65583.2 of Government
Code, and is or will be served by adequate public facilities and infrastructure.
d.
The transferred land shall have all of the entitlements 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 local government
may subject the proposed development to subsequent design review to
the extent authorized by subdivision (i) of Section 65583.2 of Government
Code if the design is not reviewed by the local government prior to
the time of transfer.
e.
The transferred land and the affordable units shall be subject to
a deed restriction ensuring continued affordability of the units consistent
with the requirements of this Chapter, which shall be recorded on
the property at the time of the transfer.
f.
The land is transferred to the City or to a housing developer approved
by the City.
g.
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.
h.
A proposed source of funding for the very low-income units shall
be identified no later than the date of approval of the final subdivision
map, parcel map, or residential development application.
4.
Nothing
in this subsection shall be construed to enlarge or diminish the authority
of the City to require a developer to donate land as a condition of
development.
E.
Additional
Density Bonus and Incentives and Concessions for Development of Child
Care Facility.
The following density bonus incentives and concessions are available
for compliance with this Chapter:
1.
Housing developments meeting the requirements of Section 17.72.020 (Eligibility for Incentives and Concessions and Density Bonuses) and including a child-care facility that will be located on the premises of, as part of, or adjacent to the housing development shall receive either of the following:
a.
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 footage
in the child-care facility.
b.
An additional incentive or concession that contributes significantly
to the economic feasibility of the construction of the child-care
facility.
2.
The
City shall require the following as conditions of approving the housing
development:
a.
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 target units are required to remain affordable, pursuant to Subdivision
(c) of Section 65915 of the Government Code; and
b.
Of the children who attend the child-care facility, the children of very low-income households, lower-income households, or persons or families of moderate income shall equal a percentage that is equal to or greater than the percentage of target units that are required pursuant to Section 17.72.020 (Eligibility for Incentives and Concessions and Density Bonuses).
3.
Notwithstanding
any other requirements of this Section, the City shall not be required
to provide a density bonus or incentive or concession for a child-care
facility if it makes a written finding, based upon substantial evidence,
that the community has adequate child-care facilities.
F.
Condominium
Conversion Incentives for Low-Income Housing Development. The following
incentives and concessions are available for compliance with this
Chapter:
1.
An
applicant for approval to convert apartments to a condominium project
may submit to the City a preliminary proposal pursuant to this Section
prior to the submittal of any formal requests for subdivision map
approvals. The City shall, within 90 days of receipt of a written
proposal, notify the applicant in writing of the manner in which it
will comply with this Section.
2.
When
an applicant for approval to convert apartments to a condominium project
agrees to the following, the City shall grant either a density bonus
of 25 percent over the number of apartments (to be provided within
the existing structure or structures proposed for conversion) or provide
other incentives of equivalent financial value.
a.
Provide at least 33 percent of the total units of the proposed condominium
project to persons and families of low or moderate income, or provide
at least 15 percent of the total units of the proposed condominium
project to lower-income households; and
b.
Agree to pay for the reasonably necessary administrative costs incurred
by the City.
3.
For
purposes of this Subsection, "other incentives of equivalent financial
value" shall not be construed to require the City to provide cash
transfer payments or other monetary compensation but may include the
reduction or waiver of requirements which the City might otherwise
apply as conditions of conversion approval.
4.
Nothing
in this Subsection shall be construed to require the City to approve
a proposal to convert apartments to condominiums.
5.
An
applicant shall be ineligible for a density bonus or other incentives
under this subsection if the apartments proposed for conversion constitute
a housing development for which a density bonus or other incentive
was previously provided.
(Ord. 1501 § 1, 2011)
As required by state law, the location of density bonus units
within the housing development may be at the discretion of the developer.
However, the target units shall be dispersed throughout the housing
development and when feasible shall contain, on average, the same
number of bedrooms as the non-target units in the development, and
shall be compatible with the design or use of the remaining units
in terms of appearance, materials, and quality finish.
(Ord. 1501 § 1, 2011)
A.
In
a housing development providing low-or very low-income target units
to qualify for a density bonus, the target units must remain restricted
to low- or very low-income households for a minimum of 30 years from
the date of issuance of the Certificate of Occupancy by the Building
Official, or longer if required by the project financing.
B.
In
the case of a common interest housing development providing moderate-income
target units to qualify for a density bonus, the initial occupant
of the target unit must be a person or family of moderate income.
Upon resale, the seller of the target units shall retain the value
of any improvements, the down payment, and the seller's proportionate
share of appreciation, the City shall recapture any initial subsidy
and its proportionate share of appreciation, which shall then be used
within three years for any of the purposes described in subdivision
(e) of Section 33334.2 of the California Health and Safety Code that
promote homeownership. The City's "proportionate share" shall be equal
to the percentage by which the initial sale price to the moderate-income
household was less than the fair market value of the home at the time
of the initial sale. The local City's initial subsidy shall be equal
to the fair market value of the home at the time of initial sale minus
the initial sale price to the moderate-income household, plus the
amount of any down payment assistance or mortgage assistance. If upon
resale the market value is lower than the initial market value, then
the value at the time of the resale shall be used as the initial market
value.
C.
Where
there is a direct financial contribution to a housing development
pursuant to Government Code Section 65915, the City shall assure continued
availability for low- and moderate-income units for 30 years.
(Ord. 1501 § 1, 2011)
A.
Process
for Approval. The density bonus and incentive(s) and concession(s)
request shall be considered in conjunction with any necessary development
entitlements for the project. The designated Approving Authority for
density bonuses, incentives, and concessions shall be the City Council.
In approving the density bonus and any related incentives or concessions,
the City and applicant shall enter into a density bonus agreement.
B.
Approval
of Density Bonus Required. The City shall grant the density bonus
requested by the applicant provided it is consistent with the provisions
of this Chapter and state law.
C.
Approval
of Incentives or Concessions Required Unless Denial Findings Made.
The City shall grant the incentive(s) and concession(s) requested
by the applicant unless the City makes a written finding, based upon
substantial evidence, of either of the following:
1.
The
incentive or concession is not required in order to provide for affordable
housing costs or affordable rent for the target units.
2.
The
incentive or concession would have a specific adverse impact, as defined
in paragraph (2) of subdivision (d) of Section 65589.5 of the California
Government Code, upon public health and safety or physical environment
or on any real property that is listed in the California Register
of Historical Resources and for which the City determines 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. 1501 § 1, 2011)
