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.
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.
3. A proposed waiver or reduction of development standards shall neither reduce nor increase the number of allowable incentives or concessions under Section
17.72.040 (Number and Types of Incentives and Concessions and Density Bonuses Allowed).
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)
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)