A.
Purpose. This section is intended to implement the provisions of:
B.
Eligibility. A density bonus may be granted to an eligible housing development in any residential district through approval of a use permit by the city council (after recommendation from the planning commission). In order to qualify for a density bonus or other financial incentives of equivalent value as specified in Government Code Section 65915 the developer of a housing development project shall agree to construct one of the following:
1.
At least 10% of the total units of a housing development for persons and families of lower income;
2.
At least five percent of the total units of a housing development for very low income households;
3.
A senior housing development; or
4.
At least 10% of the units in a common interest subdivision for persons and families of moderate income.
Only one density bonus up to a maximum of 35% shall be granted to each project regardless of the number of preceding qualifying commitments made by the developer. |
C.
General Provisions for Density Bonuses and Incentives/Concessions. As required by Government Code Section 65915, the city of Malibu shall consider a density bonus and provide incentives or concessions for a housing development that shall be subject to the following provisions:
1.
Determination of Unit Count. When determining the percentage of housing units which are to be affordable, the density bonus units shall not be included.
2.
Minimum Project Size. A project must contain at least five dwelling units in order to be considered for a density bonus.
3.
Previous Density Bonuses. The density bonus provision shall not apply to any parcel or project area which has previously been granted increased density through a general plan amendment, zone change or other permit to facilitate affordable housing.
4.
Dispersal of Affordable Units. "Affordable" or "density bonus" units shall be generally dispersed throughout a development project and shall not differ in appearance from other units in the development.
5.
Regulatory Incentives. In accordance with Government Code Section 65915, in addition to a density bonus the city shall grant at least one of the following regulatory concessions and/or incentives to ensure that the residential project will be developed at a reduced cost:
a.
A reduction in the site development standards or a modification of zoning code requirements including, but not limited to, reduced minimum lot size or dimensions; or reduced minimum setbacks.
b.
Approval of mixed-use development in conjunction with a multifamily residential project if commercial, office, industrial or other land uses will reduce the cost of the housing development and if the project will be compatible internally as well as with the existing or planned development in the area where the proposed project will be located.
c.
Other regulatory incentives or concessions proposed by the developer or the city which result in identifiable cost reductions.
D.
Procedures. The procedures for implementing this section shall be as follows:
1.
Notification to Developer. The city shall, within 90 days of receipt of a written proposal to utilize a density bonus for affordable housing, notify the developer in writing of the procedures governing these provisions.
2.
Required Findings. In addition to the findings required for use permits generally, all of the following findings shall be made by the city council in approving any use permit granting a density bonus:
a.
The number of units is compatible with the existing and planned infrastructure and service facilities serving the site;
b.
The developer has demonstrated that the adjustment of standards is necessary to make the project economically feasible;
d.
The proposed project is compatible with the goals and policies of the general plan and purpose and intent of this code.
3.
Affordable Housing Agreement. Prior to the issuance of a building permit for any dwelling unit in a development for which "density bonus units" have been awarded or incentives been given, the developer shall submit documentation in accordance with Section 17.41.1.020 of this chapter.
E.
Required Terms for Continued Availability of Affordable Units.
1.
Low and very-low income households. An applicant providing low and very-low income units in accordance with this chapter must continue to restrict those units to low or very-low income households for a minimum of 55 years or longer term under another regulator agreement from the date of initial occupancy.
2.
Moderate Income Households. In the case of a housing development providing moderate income units, the initial occupant of the unit must be a moderate income household.
a.
Upon resale, the seller of the unit shall retain the value of any improvements, the down payment and the seller's proportionate share of appreciation. The local government shall recapture any initial subsidy and its proportionate share of appreciation; which shall be used within five years for any of the purposes described in subsection (e) of Section 33334.2 of the California Health and Safety Code that promote home ownership. Any recaptured funds shall be deposited into a housing trust account to be used in accordance with subsection (e) of Section 33334.2 of the California Health and Safety Code.
(Ord. 449 § 8, 2019)