The provisions of Title 10, Chapter 2, Article 9 (Affordable Housing Requirements and Incentives) are intended to establish requirements and incentives for the development and preservation of housing that is affordable to families of low and moderate income, as well for population segments with special housing needs, in furtherance of the Housing Element of the General Plan. Title 10, Chapter 2, Article 9 (Affordable Housing Requirements and Incentives) is also intended to implement statutory requirements governing affordable housing including, inclusionary zoning (California Health and Safety Code Section 33413(b)), replacement housing (California Health and Safety Code Section 33413(a)), density bonuses (California Government Code Section 65915), and housing accommodations for special needs and homeless populations (California Government Code Section 65583(a)(6).
(§ 2, Ord. 828, eff. July 11, 2013, as amended by § 27, Ord.
941, eff. November 10, 2023)
Except where otherwise noted, the definitions appearing in this
section apply throughout this article. Capitalization is used to identify
defined terms used throughout this article and shall have the meanings
as set forth below unless the context in which they are used clearly
requires otherwise.
Regulatory concessions as specified in California Government
Code Section 65915(d) and (h) to include the reduction of site development
standards or zoning code requirements, direct financial assistance,
approval of mixed-use zoning in conjunction with a residential project,
or any other regulatory incentive which would result in identifiable
cost avoidance or reductions that are offered in addition to a density
bonus.
A legally binding agreement between a developer and the City to ensure that the requirements of Title 10, Chapter 2, Article 9 (Affordable Housing Requirements and Incentives) are satisfied. The agreement, among other things, establishes the number and location of affordable units, target households, production schedule, retention period and development standards.
The maximum monthly housing cost of an affordable unit that
is reserved for occupancy by a target household not exceeding the
calculations set forth in Table 4-1.
|
Table 4-1
AFFORDABLE RENT CALCULATION
| |
|---|---|
|
Income Category
|
Housing Cost Formula
|
|
Extremely Low
|
30% of the Area Median Income, or the Federal Poverty Guideline,
adjusted for Household size, whichever is greater, multiplied by 30%
and divided by 12, but not greater than the very low income
|
|
Very Low
|
50% of the Area Median Income, adjusted for household size,
multiplied by 30% and divided by 12, or as specified by the United
States Department of Housing and Urban Development
|
|
Low
|
80% of the Area Median Income, adjusted for household size,
multiplied by 30% and divided by 12, or as specified by the United
States Department of Housing and Urban Development
|
|
Moderate
|
120% of the Area Median Income, adjusted for household size,
multiplied by 30% and divided by 12
|
A sales price at which a target household may purchase an
affordable unit and results in a maximum housing cost not exceeding
the calculations set forth in Table 4-2.
|
Table 4-2
AFFORDABLE SALES PRICE CALCULATION
| |
|---|---|
|
Income Category
|
Housing Cost Formula
|
|
Extremely Low
|
30% of the Area Median Income, or the Federal Poverty Guideline,
adjusted for household size, whichever is greater multiplied by 30%
and divided by 12, but not greater than the very low income
|
|
Very Low
|
50% of the Area Median Income, adjusted for household size,
multiplied by 30% and divided by 12, or as specified by the United
States Department of Housing and Urban Development
|
|
Lower
|
80% of the Area Median Income, adjusted for household size,
multiplied by 30% and divided by 12, or as specified by the United
States Department of Housing and Urban Development
|
|
Moderate
|
120% of the Area Median Income, adjusted for household size,
multiplied by 30% and divided by 12
|
Those dwelling units that are required to be rented at an
affordable rent or sold at an affordable sales price to a target household.
The Ojai City Council, acting as the Ojai Redevelopment Agency
Successor Agency, as such term is defined in Section 34173 et seq.
of the California Health and Safety Code.
Housing occupied by employees of a farm with a maximum of
36 beds in a group quarters or 12 units or spaces.
The annual median income for the County of Ventura, adjusted
for family size, amended from time to time pursuant to Section 8 of
the United States Housing Act of 1937, and published in Title 25,
Section 6932, of the California Code of Regulations.
Issuance by the City's Building and Safety Department signifying
completion and approval for initial occupancy of a residential project.
A change of a residential dwelling to a: (1) condominium,
cooperative, or similar form of ownership; or (2) nonresidential use.
The removal of a residential dwelling or termination of occupancy
by destruction, or consolidation.
Every person, firm, or corporation (or its successor or successors and assigns) that undertakes a residential project, directly or through the services of any employee, agent, independent contractor or otherwise subject to the provisions of Title 10, Chapter 2, Article 9 (Affordable Housing Requirements and Incentives), and each and every subsequent owner of property on which a residential project is developed to which the obligations of the developer shall become applicable. A developer may also be the fee owner of the property on which the residential project is proposed.
Persons with a disability consisting of: (1) a physical or
mental impairment that limits one or more of a person's major life
activities; or (2) a record of having or being perceived as having,
a physical or mental impairment. It does not include current illegal
use of, or addiction to, a controlled substance (as defined by Section
102 of the Federal Controlled Substance Act. 21 U.S.C. Section 802).
The amended and restated Redevelopment Plan for commercial
revitalization, residential rehabilitation, affordable housing and
infrastructure improvements for an area encompassing approximately
135 acres and lawfully established by the City Council pursuant to
Ordinance No. 455 adopted on May 30, 1972 (the "Original Project Area")
and subsequently amended by Ordinance No. 719 adopted on June 10,
1997, to add 76 acres (the "Fourth Amendment Area").
Housing with minimal supportive services for homeless persons
that is limited to occupancy of six months or less by a homeless person.
No individual or household may be denied emergency shelter because
of an inability to pay.
All permits, licenses and approvals required under the Municipal
Code of the City of Ojai allowing the permitted use, subdivision or
improvement of real property, including land use permits, tentative
parcel maps and tentative tract maps.
Alternative methods of satisfying inclusionary and replacement
housing requirements prescribed in this article, including, but not
limited to: (1) dedication of vacant land; (2) construction of affordable
units on another site; (3) acquisition and enforcement of rental/sales
price restrictions on existing standard dwelling units; or (4) substantial
rehabilitation of existing substandard dwellings.
A monetary contribution, based upon a land cost per dwelling
unit value, equal to one of the following: (1) a density bonus and
an additional incentive(s); or (2) a density bonus, where an additional
incentive(s) is not requested or is determined to be unnecessary.
The continuum of goals, objectives, policies and programs
for the long-term physical development of the City adopted pursuant
to Section 65300 et seq. of the California Government Code.
The anticipated income of a person or family for the 12 month
period following the date of determination of income, established
and amended from time to time pursuant to Section 8 of the United
States Housing Act of 1937, and published in Title 25, Section 6914,
of the California Code of Regulations. The elements of gross income
include: (1) wages, salaries, tips, commissions, etc.; (2) self-employment
income from owned non-farm business, including proprietorships and
partnerships; (3) farm self-employment income; (4) interest, dividends,
net rental income, or income from estates or trusts; (5) Social Security
or railroad retirement; (6) Supplemental Security Income, Aid to Families
with Dependent Children, or other public assistance or public welfare
programs; (7) retirement, survivor, or disability pensions; and (8)
other sources of income received regularly, including Veterans' Administration
(VA) payments, unemployment compensation, and alimony.
An individual, or two or more persons related by blood, marriage,
or adoption, or two or more unrelated persons, excluding employed
servants or paid live-in companions, residing together as a single
housekeeping unit in a dwelling. Within this context: (1) the term
"family" means two or more individuals, whether or not they are related
by blood, marriage, or adoption, who live together in a dwelling as
a single housekeeping unit; and (2) the term "person" means any individual,
family, partnership, corporation, or association.
The maximum household size on which to determine household income and compute affordable rent and sales price, adjusted for the number of bedrooms in a dwelling. Unless the residential project is subject to different assumptions imposed by other governmental regulations, the household size adjustments set forth in Table 4-3 shall be used for purposes of Title 10, Chapter 2, Article 9 (Affordable Housing Requirements and Incentives). As an example, and for illustrative purposes only, if an affordable unit contains two bedrooms, the computation of affordable rent and sales price shall be based on the gross income of a three person household.
|
Table 4-3
HOUSING SIZE ADJUSTMENTS
| |
|---|---|
|
Number of Bedrooms
|
Maximum Number of Persons
|
|
0 (Studio)
|
1
|
|
1
|
2
|
|
2
|
3
|
|
3
|
4
|
|
4
|
5
|
The sum of all of the costs associated with the rental, purchase
and maintenance of a dwelling unit as defined in Title 25, Section
6920 of the California Code of Regulations. For renter-occupied dwellings,
"housing costs" means the total of monthly payments encompassing rent,
fees or service charges assessed by the lessor which are required
of all tenants (other than security deposits), a reasonable allowance
for utilities, and possessory interest, taxes, or other fees or charges
assessed for use of the land and facilities by a public or private
entity other than the lessor. For owner-occupied dwellings, "housing
costs" means the total of monthly payments encompassing principal
and interest on a mortgage loan, including any loan insurance fees,
property taxes and assessments, fire and casualty insurance, property
maintenance and repairs, homeowner association fees, and a reasonable
allowance for utilities.
The continuum of housing needs, goals, policies, quantified
objectives, financial resources and scheduled programs for the preservation,
improvement and development of housing adopted as part of the City's
General Plan pursuant to Section 65580 et seq. of the California Government
Code.
A fee paid to the City to defray the cost of producing and
preserving affordable units as an alternative to constructing such
housing as part of a residential project. The amount and calculation
of the housing in-lieu fee shall be established by resolution of the
City Council. In the absence of a resolution establishing the housing
in-lieu fee, the amount shall be determined by the City Council: (1)
on a case-by-case basis in connection with each residential project;
and (2) be for an amount not more than the sum necessary to create
an affordable unit.
The City of Ojai Affordable Housing Trust Fund established pursuant to Section 10-2.908.
A dwelling unit that serves as a place of permanent or customary and usual abode of a person or household who, at the time application is filed with the City for a land use permit subject to the provisions of Title 10, Chapter 2, Article 9 (Affordable Housing Requirements and Incentives), lawfully occupied the premises. A person or household is considered to be in unlawful occupancy if such person or household has been ordered to move by a court of competent jurisdiction or if the occupant's tenancy has been lawfully terminated by the owner for cause, the tenant has vacated the premises, and the termination was not undertaken for the purpose of evading the requirements of Title 10, Chapter 2, Article 9 (Affordable Housing Requirements and Incentives).
Households whose gross incomes do not exceed the qualifying
limits for low income families, established and amended from time
to time pursuant to Section 8 of the United States Housing Act of
1937, and published in Title 25, Section 6932, of the California Code
of Regulations. The qualifying limit for lower income is computed
as 80% of the Area Median Income, adjusted for family size.
The maximum number of residential units permitted on the
basis of the General Plan and the maximum density of the underlying
zone district.
Households whose gross incomes do not exceed 120% of the
Area Median Income, adjusted for family size, and published in Title
25, Section 6932, of the California Code of Regulations.
All units within a residential project excluding the affordable
units.
One or more groups of projects which entail: (1) constructing
or placing any new dwelling unit in a permanent location; (2) converting
a non-residential building to a residential use; (3) substantial rehabilitation
of an existing dwelling where the result of the rehabilitation would
be a net increase in available residential units; (4) subdivision
of land which is planned, designed, or used for residential purposes;
or (5) converting or demolishing an existing residential dwelling.
The duration of time that the Affordable Housing Agreement
remains in effect for affordable units under this article.
A residential project consistent with the California Fair
Employment and Housing Act (Government Code Section 12900 et seq.,
including 12955.9 in particular), which has been "designed to meet
the physical and social needs of senior citizens," and which otherwise
qualifies as "housing for older persons" as that phrase is used in
the Federal Fair Housing Amendments Act of 1988 (P.L. 100-430) and
implementing regulations (24 CFR, part 100, subpart E), and as that
phrase is used in California Civil Code Sections 51.2 and 51.3.
Emergency shelters, transitional housing, single room occupancy
units, farmworker housing, congregate care facilities and similar
types of special living arrangements for persons and families who
possess extraordinary housing needs by reason of economic, social,
mental or physical disability.
Rehabilitation, the value of which constitutes 25% or more
of the afterrehabilitation value of a dwelling, inclusive of land
value.
Housing with no limit on length of stay, that is occupied
by the target population and that is linked to onsite or offsite services
that assist the supportive housing resident in retaining the housing,
improving his or her health status, and maximizing his or her ability
to live and, when possible, work in the community.
A person or family meeting the income and occupancy criteria
set forth in this article.
Title 10 (Planning and Zoning) of the Municipal Code of the
City of Ojai (commonly known as the "Zoning Ordinance").
Buildings configured as rental housing developments, but
operated under program requirements that call for the termination
of assistance and recirculation of the assisted unit to another eligible
program recipient at some predetermined future point in time, which
shall be no less than six months.
The size and amenities of a particular dwelling relative
to number of bedrooms, quantity of baths, total square footage and
similar distinguishing factors.
Households whose gross incomes do not exceed the qualifying
limits for very low income families, established and amended from
time to time pursuant to Section 8 of the United States Housing Act
of 1937, and published in Title 25, Section 6932, of the California
Code of Regulations. The qualifying limits for very low income is
computed as 50% of the Area Median Income, adjusted for family size.
(§ 2, Ord. 828, eff. July 11, 2013, as amended by § 28, Ord.
941, eff. November 10, 2023)
Table 4-4: (Reserved)
(§ 2, Ord. 828, eff. July 11, 2013)
(a)
Basic provisions. Except as provided below, the conversion
or demolition of existing residential dwelling units inhabited by
persons and families of extremely low, very low, low or moderate income
shall not be authorized unless provisions have been made for the replacement
of those dwelling units with affordable units under the terms and
conditions summarized in Table 4-5. The replacement housing requirements
of this section may be satisfied through one or a combination of the
following means: (1) on-site construction as part of the residential
project; (2) payment of a housing in-lieu fee; or (3) equivalent action,
subject to City Council review and approval, which will affirmatively
further affordable housing opportunities to an equal or greater extent
than on-site construction or payment of in-lieu fees. The following
residential projects are expressly exempt from the requirements of
this section:
(1)
The conversion or demolition of a single-family home located on a
single parcel of record; and is not destroyed or removed as part of
a redevelopment project that is subject to a written agreement with
the Agency or where financial assistance has been provided by the
Agency.
(2)
The demolition of any residential structure which: (A) has been declared to be a public nuisance under the provisions of Division 13 (commencing with Section 17000) of the Health and Safety Code, or any local ordinance enacted pursuant to those provisions; (B) results from an order to abate or correct substandard conditions issued by a government agency having jurisdiction; and (C) is not destroyed or removed as part of a redevelopment project that is subject to a written agreement with the Agency or where financial assistance has been provided by the Agency.
(3)
The demolition of any residential structure which: (A) constitutes
a nonconforming use under the provisions of Title 10 (Planning and
Zoning); or (B) results from fire, flood, earthquake, or other event
beyond the control of the developer.
(b)
Affordable occupancy. The replacement housing obligations under this section and shall correspond to the same or a lower income category (extremely low, very low, low, or moderate), as the persons and families displaced from those destroyed or removed units. The developer shall bear the burden of proving the status of occupancy at the time application is filed with the City for a land use permit (as defined in Section 10-2.3602 (Definitions of specialized terms and phrases), subsection (l)(1)) allowing such conversion or demolition. Data shall be obtained and verified by such methods as may be necessary and reasonable to ensure full, true and complete information from which to base determinations in accordance with the definitions set forth in Section 10-2.902 (Definitions). In the absence of such data, or where occupancy cannot be established at the time of conversion or demolition: (1) all displaced dwellings shall be deemed inhabited by target households; and (2) all replacement affordable units shall be in proportion to the needs identified in the City's Housing Element for extremely low, very low, low and moderate income.
(c)
(Reserved).
(d)
Agency involvement. Where the conversion or demolition of
a residential structure is part of a redevelopment project that is
subject to a written agreement with the Agency or where financial
assistance has been provided by the Agency, replacement housing requirements
shall be governed by Section 33413(a) of the California Health and
Safety Code.
(e)
Condition compliance. Every entitlement for a residential project that is subject to the provisions of this section shall contain a condition detailing the method of compliance with this section, as applicable. Every final and parcel map shall bear a note indicating whether compliance with the requirements of this section must be met prior to issuance of a building permit for each lot created by such map. In addition, an affordable housing agreement (consistent with the provisions of Section 10-2.704 (Special housing overlay (SPL) district), subsection (g)(3)) shall be made a condition of zoning clearance and building permit issuance for all residential projects pursuant to this section. The affordable housing agreement shall: (1) be prepared and submitted by the developer of each residential project; (2) be subject to review and approval by the City Council prior to execution; and (3) be recorded as a restriction on the parcel or parcels on which the affordable units will be constructed.
|
Table 4-5
REPLACEMENT HOUSING BASIC PROVISIONS
| ||
|---|---|---|
|
|
Developer
|
Agency
|
|
Project Exemptions
|
Single-Family Units; Public Nuisances; Nonconforming Uses; Natural
Disasters
|
None
|
|
Target Households
|
Occupancy Known: Same as Displaced Households; Occupancy Unknown:
Proportionate to Housing Elements Needs1
|
|
|
Retention Period (For On-Site Construction)
|
Renter-Occupied Dwellings: 55 Years; Owner-Occupied Dwellings:
45 Years
|
|
|
Notes:
| |||
|---|---|---|---|
|
1
|
The distribution between the lower and moderate income categories
shall be based on the percentage which these categories represent
of total housing needs as identified in the Ojai General Plan Housing
Element as follows:
| ||
|
|
a.
|
Extremely Low Income Percentage = Extremely Low Income Needs/(Extremely
Low Income Needs + Very Low Income Needs + Low Income Needs + Moderate
Income Needs)
| |
|
|
b.
|
Very Low Income Percentage = Very Low Income Needs/(Extremely
Low Income Needs + Very Low Income Needs + Low Income Needs + Moderate
Income Needs)
| |
|
|
|
•
|
Low Income Percentage = Low Income Needs/(Extremely Low Income
Needs + Very Low Income Needs + Low Income Needs + Moderate Income
Needs)
|
|
|
|
•
|
Moderate Income Percentage = Moderate Income Needs/(Extremely
Low Income Needs + Very Low Income Needs + Low Income Needs + Moderate
Income Needs)
|
|
|
|
•
|
Housing needs, for the purpose of computing the distribution
of units between income categories, consists of the numeric housing
production goals assigned to each income group as determined through
the Regional Housing Needs Assessment process embodied in the Housing
Element.
|
(§ 2, Ord. 828, eff. July 11, 2013, as amended by § 29, Ord.
941, eff. November 10, 2023)
(§ 30, Ord. 941, eff. November 10, 2023)
(a)
Basic provisions. Except as otherwise provided in this section,
no residentially designated property shall be rezoned which results
in a reduction of residential development capacity (i.e., a re-designation
of land use from residential to a nonresidential, or a decrease in
residential density) unless the developer compensates for the difference
between the number of affordable units computed prior to the change
compared to the number of affordable units computed after the change
based on maximum allowable densities (hereinafter referred to as the
"inclusionary differential"). The provisions of this section do not
apply to zone changes and ordinance amendments that are initiated
by the City Council.
(b)
(Reserved)
(c)
Production alternatives. The inclusionary differential requirements
of this section may be satisfied through one or a combination of the
following means: (1) on-site construction of affordable units on the
site which is rezoned or otherwise reduced in density; (2) payment
of a housing in-lieu fee; or (3) equivalent action, subject to City
Council review and approval, which will affirmatively further affordable
housing opportunities to an equal or greater extent than on-site construction
or payment of in-lieu fees. For fractions of affordable units, the
developer may elect, at his or her option, to construct the next higher
whole number of affordable units or pay a housing in-lieu fee for
the fractional amount.
(§ 2, Ord. 828, eff. July 11, 2013, as amended by § 31, Ord.
941, eff. November 10, 2023)
(a)
Basic provisions. Residential or mixed-use development projects proposing a development of five or more multifamily residential dwelling units located in the R-2, R-3, R-S, VMU and SPL overlay district zones shall be eligible for a density bonus in accordance with this section. The City shall grant a density bonus to a developer of a residential or mixed-use project who agrees to provide at least one of the following: (1) 10% of the total units of a residential project as affordable units for lower income households; (2) 5% of the total units of a residential or mixed-use project as affordable units for very low income households; (3) 100% of the total dwelling units of a residential or mixed-use project as affordable units for qualifying residents; (4) 10% of the total units of a common interest residential project, as defined in Section 1351 of the California Civil Code, in which the affordable units are offered for sale to moderate income households; (5) 10 of the total units of a residential or mixed-use project for transitional foster youth, as defined in Section 66025.9 of the Education Code, disabled veterans, as defined in Section 18541 of the Government Code, or homeless persons, as defined in the Federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Section 11301 et seq.), in which the affordable units are subject to a recorded affordability restriction of 55 years for very low income households; or (6) one acre of donated land meeting the requirements, criteria and limitations of Government Code Section 65915(g). For purposes of this section, a mixed-use project is a residential project meeting the definition of mixed-use in Section 10-2.3602(m) and consists of at least five multifamily dwelling units together with nonresidential, commercial uses that are compatible with the residential units and the existing development in the area where the proposed mixed-use project will be located.
(b)
Density bonus calculation. The density bonus for which a
developer is entitled shall be determined according to the percentage
that affordable units constitute of the total residential or mixed-use
project with adjustments according to target household as set forth
in Table 4-6. When calculating the number of permitted density bonus
units: (1) any fraction of units shall be rounded up to the next whole
integer; and (2) the total number of units in the residential or mixed-use
project on which the required percentage of affordable units is determined
shall not include the density bonus units. Except at the sole discretion
of the developer, density bonus units shall be non-restricted units.
(c)
Incentives or concessions. Upon the written request of a developer, the City shall provide incentives or concessions in accordance with Table 4-6 and Government Code Section 65915.5 unless the City makes a written finding, based upon substantial evidence, that the incentives or concessions: (1) would not result identifiable and actual cost reductions 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 at the applicable affordability levels; (2) would have an specific adverse impact upon public health and safety, the physical environment or historical resources that cannot otherwise be mitigated without rendering the residential or mixed-use project unaffordable to low- and moderate-income households; or (3) would be contrary to state or federal law. The granting of incentives or concessions will vary for different residential or mixed-use projects and shall be determined on a case-by-case basis as provided in subsection (m) by the project's review authority. The incentives or concessions may include, but are not limited to, any of the following: (1) a reduction of site development standards, including, but not limited to, lot sizes and/or dimensions, setbacks, the ratio of vehicular parking spaces, open space, lot coverage, building height, structural separation, street widths and architectural design; (2) 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 California Health and Safety Code; (3) allowing the residential project to include nonresidential land uses and/or allowing the residential project within one of the following nonresidential zones, C-1 or B-P, if the mix of land uses are deemed compatible with and reduce the costs of the residential project; (4) other regulatory incentives or concessions proposed by the developer or the City which result in identifiable cost reductions or avoidance; (5) waived, reduced, or deferred planning, plan check, construction permit, and/or development impact fees (e.g., capital facilities, park, or traffic fees); and/or (6) direct financial assistance in the form of a loan or a grant to subsidize or provide low interest financing for on or off site improvements, land or construction costs. In the case of waiver or modification of zoning standards, the written request submitted by a developer shall be accompanied with supporting evidence showing that: (1) such waivers or modifications would result in identifiable and actual costs and are necessary 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 at the applicable affordability levels; and (2) application of the development standard will have the effect of precluding construction of the residential or mixed-use project with the density bonus authorized under this section.
(d)
Off-street parking requirements. Upon the request of a developer, off-street parking requirements for a residential or mixed-use project shall be reduced to the following maximums: (1) for dwelling units with zero to one bedroom(s) — one on-site parking space for each such dwelling; (2) for dwelling units with two to three bedrooms — two on-site parking spaces for each such dwelling; and (3) for dwelling units with four or more bedrooms — two and one-half (2½) parking spaces for each such dwelling. If the residential or mixeduse project is located within one-half mile of a major transit stop, as defined in Section 21155(b) of the Public Resources Code and includes the maximum percentage of low- or very low-income units in Table 4-6, and there is unobstructed access from the development to the transit stop, the maximum shall not exceed one-half parking space, inclusive of handicapped and guest parking, per dwelling unit. If the total number of parking spaces required for a residential or mixed-use project is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this subsection, a residential or mixed-use project may provide on-site parking through tandem parking or uncovered parking, but not through on-street parking. Furthermore, the reduced parking requirement: (1) shall only apply to residential or mixed-use projects which receive a density bonus under this section; (2) must be specifically requested by a developer; and (3) is in addition to, and not in lieu of, the granting of incentives and concessions as provided in subsection (c).
|
Table 4-6
Density Bonus Provisions
| ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
|
Target Households
|
Density Bonus Factor
| |||||||||
|
Very Low Income
|
Low Income
|
Moderate Income
|
Qualifying Resident
|
Foster Youth, Disabled Veterans, & Homeless Persons
| ||||||
|
A
|
B
|
A
|
B
|
A
|
B
|
A
|
B
|
A
|
B
| |
|
|
|
|
|
10%—19%
|
1
|
|
|
|
|
5%—14%
|
|
|
|
|
|
20%—24%
|
2
|
|
|
|
|
15%—19%
|
|
5%
|
1
|
10%
|
1
|
25%
|
2
|
100%
|
0
|
10%
|
1
|
20%
|
|
|
|
|
|
26%
|
2
|
|
|
|
|
21%
|
|
|
|
11%
|
1
|
|
|
|
|
|
|
21.5%
|
|
|
|
|
|
27%
|
2
|
|
|
|
|
22%
|
|
6%
|
1
|
|
|
|
|
|
|
|
|
22.5%
|
|
|
|
12%
|
1
|
28%
|
2
|
|
|
|
|
23%
|
|
|
|
|
|
29%
|
2
|
|
|
|
|
24%
|
|
|
|
13%
|
1
|
|
|
|
|
|
|
24.5%
|
|
7%
|
1
|
|
|
30%
|
3
|
|
|
|
|
25%
|
|
|
|
14%
|
1
|
31%
|
3
|
|
|
|
|
26%
|
|
|
|
|
|
32%
|
3
|
|
|
|
|
27%
|
|
8%
|
1
|
15%
|
1
|
|
|
|
|
|
|
27.5%
|
|
|
|
|
|
33%
|
3
|
|
|
|
|
28%
|
|
|
|
|
|
34%
|
3
|
|
|
|
|
29%
|
|
9%
|
1
|
|
|
35%
|
3
|
|
|
|
|
30%
|
|
|
|
17%
|
1
|
|
|
|
|
|
|
30.5%
|
|
|
|
|
|
36%
|
3
|
|
|
|
|
31%
|
|
|
|
18%
|
1
|
37%
|
3
|
|
|
|
|
32%
|
|
10%
|
2
|
|
|
|
|
|
|
|
|
32.5%
|
|
|
|
|
|
38%
|
3
|
|
|
|
|
33%
|
|
|
|
19%
|
1
|
|
|
|
|
|
|
33.5%
|
|
|
|
|
|
39%
|
3
|
|
|
|
|
34%
|
|
11%
|
2
|
20%
|
2
|
40%
|
3
|
|
|
|
|
35%
|
|
Notes:
| |
|---|---|
|
Column A states the percentage of affordable units at the applicable
income level as a total of the entire project, exclusive of the density
bonus units.
| |
|
Column B states the number of incentives and concessions, as permitted by subsection (c) for the project, depending on the applicable income level and percentage of affordable units.
| |
|
1.
|
The actual number of density bonus units for a specific residential
project is determined according to the following formula:
Density Bonus Units = Density Bonus Factor x Maximum Allowed
Density (According to Underlying Zoning), rounded up to the next larger
integer.
|
|
2.
|
"Qualifying resident" means senior citizens or other persons
eligible to reside in senior citizen housing as provided in California
Civil Code Sections 51.3 and 51.12, or a mobilehome park that limits
residency based on age requirements for housing for older persons
pursuant to Section 798.76 or 799.5 of the Civil Code.
|
|
3.
|
The units comprising the 10% shall be affordable to the same
affordability level as very low income units and shall be subject
to a recorded affordability restriction of 55 years.
|
|
4.
|
The density bonus provisions of this Table, as it pertains to
moderate income, applies only to common interest residential projects.
|
(e)
Child care facilities. Unless the city council finds, based
upon substantial evidence, that the community has adequate child care
facilities, the City shall grant the following special incentives
when a child care facility is proposed as part of a residential or
mixed-use project for which a density bonus is granted under the provisions
of this section, and such facility will be located on the premises
of, as part of, or adjacent to, the residential or mixed-use project:
(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; or (2) an incentive or concession
that contributes significantly to the economic feasibility of the
construction of the child care facility. In exchange for these special
incentives, the following conditions shall be imposed upon the residential
or mixed-use project: (1) the child care facility shall remain in
operation for a period of time that is as long as or longer than the
retention period for the density bonus units; and (2) enrollment at
the child care facility shall be allocated among the target households
in proportion to occupancy and reservation of affordable units within
the residential or mixed-use project.
(f)
Condominium conversions. Where a residential project consists of converting apartments to condominiums, and the developer agrees to provide at least 33% of the total condominiums as affordable units for lower or moderate income households, or 15% of the total condominiums as affordable units for lower income households, and agrees to pay for the reasonably necessary administrative costs incurred in processing the request, the City shall: (1) grant a density bonus of 25% over the number of existing apartments; or (2) provide an equivalent financial incentive. A developer, at its discretion, may submit a preliminary proposal in advance of formal entitlement and subdivision applications. In such event, the City shall process the request as provided in subsection (k) within 90 days of receipt of a written proposal. Nothing in this section shall be construed to require the City to approve a proposal to convert apartments to condominiums, provided, further that: (1) the City may place such reasonable conditions on the granting of a density bonus or equivalent financial incentive as it finds appropriate; and (2) a developer shall be not be eligible for more than one density bonus or incentive or concession under this section.
(g)
Target households. In determining the number of affordable units to be provided pursuant to subsection (b), the maximum residential density shall be multiplied by the density bonus percentages appearing in Table 4-6. The density bonus units shall not be included when determining the total number of affordable units in the residential or mixed-use project. When calculating the required number of affordable units, any resulting decimal fraction shall be rounded to the next larger integer.
(h)
Production schedule. Affordable units to be provided pursuant
to this section shall be constructed concurrently with non-restricted
units as part of the residential or mixed-use project unless both
the City and the developer agree within the affordable housing agreement
to an alternative schedule for development. Circumstances may arise
in which the public interest would be served by allowing some or all
of the affordable units associated with one residential or mixed-use
project to be produced and operated at an alternative development
site. Where the developer and the City form such an agreement, the
resulting linked developments shall be considered a single residential
or mixed-use project for purposes of this section. Under these circumstances,
the developer shall be subject to the same requirements of this section
for the affordable units to be provided on the alternative site.
(i)
Retention period. Affordable units for which a density bonus
is granted under the provisions of this section shall remain restricted
and affordable to target households for the time periods set forth
below (or a longer period of time if required by the construction
or mortgage financing assistance program, mortgage insurance program,
or rental subsidy program).
(1)
Basic incentive. All affordable units shall remain
restricted and affordable to target households for a minimum period
of 55 years. Owner-occupied units, including affordable units within
common interest subdivision reserved for moderate income households,
shall be: (i) initially occupied at an affordable housing cost and
thereafter remain restricted for the duration of the retention period;
and (ii) governed by the terms and conditions of an affordable housing
agreement which includes equity share provisions as stipulated in
California Government Code Section 65915(c)(2).
(j)
Development standards. The affordable units resulting from density bonuses granted under this section: (1) may either be rental or for-sale dwellings; and (2) shall be comparable in number of bedrooms, exterior appearance and overall quality of construction to non-restricted units. The square footage of affordable units and interior features in affordable units is not required to be the same as or equivalent to those in non-restricted units in the same residential project or residential portion of the mixed-use project, so long as they are of good quality and are consistent with contemporary standards for new housing. Affordable units shall be dispersed throughout the residential project, or residential portion of the mixed-use project, or, subject to the approval of a precise plan of design as provided in Section 10-2.2007, may be clustered within the residential project when this furthers affordable housing opportunities.
(k)
Conceptual review. A developer proposing a residential or
mixed-use project pursuant to this section may submit its proposal
for conceptual review by the City Council and/or Planning Commission
prior to the submittal of any formal request for approval of a residential
or mixed-use project. The purpose of the conceptual review is to identify
issues, concerns and recommendations preparatory to making formal
application. The conceptual review process, including form of application
and processing fees, if any, shall be determined by the Director.
(l)
Conditions precedent. The granting of density bonuses under this section are expressly subject to and contingent upon: (1) obtaining all entitlements applicable to the residential or mixed-use project; and (2) satisfying the California Environmental Quality Act including, as appropriate, the preparation of necessary reviews and documentation in conjunction with entitlement applications for each residential or mixed-use project. In addition, an affordable housing agreement (consistent with the provisions of Section 10-2.704(g)(3)10-2.704(g)(3)) shall be made a condition of zoning clearance and building permit issuance for all residential or mixed-use projects pursuant to this section. The affordable housing agreement shall: (1) be prepared and submitted by the developer of each residential or mixed-use project; (2) be subject to review and approval by the City Council prior to execution; and (3) be recorded as a restriction on the parcel or parcels on which the affordable units will be constructed.
(m)
Application process. An application pursuant to this section
shall be processed concurrently with any other application(s) required
for the residential project. The applicant shall be provided notice
of the application's completeness within 30 days of its submission.
Final approval or disapproval of an application (with right of appeal)
shall be determined by the decision-making body having jurisdiction
over the matter unless the developer requests: (1) a financial equivalent
incentive in lieu of a density bonus and/or incentive or concession;
or (2) a fee waiver or direct financial assistance is requested as
part of an incentive or concession. In either of these events, the
decision-making body with permit jurisdiction shall make a recommendation
to the City Council who shall have the authority to make the final
decision on the application.
(§ 2, Ord. 828, eff. July 11, 2013, as amended by § 2, Ord.
888, eff. November 8, 2018)
(a)
Fund establishment. All housing in-lieu fees collected under
this article shall be deposited into an affordable housing fund ("housing
fund"). Separate accounts within such housing fund may be created
from time to time to avoid commingling as required by law or as deemed
appropriate to further the purposes of the fund.
(b)
Use of funds. Monies deposited in the housing fund along
with any interest earnings on such monies shall be used solely to
increase and improve the supply of housing affordable to households
of extremely low, very low, low or moderate income including: (1)
acquisition of real property, buildings and structures; (2) completion
of on- and off-site improvements; (3) donation of real property to
private or public entities; (4) construction and rehabilitation of
buildings and structures; (5) payment of insurance premiums, principal
and interest, debt financing and carrying charges; (6) subsidization
of market rate housing; (7) preservation of mobile homes and subsidized
housing "at risk" of conversion to market rates; and (8) reasonable
planning and administrative expenses.
(§ 2, Ord. 828, eff. July 11, 2013, as amended by § 32, Ord.
941, eff. November 10, 2023)
(a)
Permitted uses. The uses listed below shall be allowed as
permitted uses within the zone districts as specified and shall only
be subject those restrictions that apply to other residential dwellings
of the same type in the same zone. The physical attributes of new
residential projects and modifications of existing developed properties
which accommodate special needs housing shall conform to the development
standards of the underlying zone district (i.e., building height,
lot coverage, setbacks, etc.), design guidelines of the City, if applicable,
and the provision of off-street parking at a ratio of one space for
each habitable room, two of which must be covered.
(1)
Agricultural employee housing shall be considered to be a permitted
agricultural use with up to 36 beds in a group quarters or 12 units
or spaces in the A and OS zone consistent with California Health and
Safety Code Section 17021.6. Persons having the right to occupy employee
housing shall be restricted to individuals engaged in agricultural
occupations consistent with the standards and limitations prescribed
in the Employee Housing Act and its implementing regulations.
(2)
Residential care homes and employee housing accommodating six or
fewer persons shall be considered to be a permitted residential use
in all residential zone districts. Persons having the right to occupy
residential care homes and employee housing shall be restricted to
individuals for whom such housing is specifically provided as defined
and regulated under the California Health and Safety Code.
(3)
Transitional and supportive housing, as defined and regulated under
the California Health and Safety Code, shall be considered a residential
use of property and permitted subject only to the same standards and
procedures as apply to other residential uses of the same type in
the same zone.
(4)
Emergency shelters shall be considered to be a permitted commercial
use in the BP zone with a cap of 27 emergency shelter beds. Once the
cap of 27 emergency shelter beds have been reached within the BP zone,
all subsequent emergency shelters should require issuance of a conditional
use permit. Persons having the right to occupy emergency shelters
shall be restricted to individuals for whom such housing is specifically
provided as defined and regulated under the California Health and
Safety Code.
(b)
Conditional uses. Special needs housing, other than permitted pursuant to subsection (a) of this section, shall be allowed by conditional use permit within the zone districts as specified below. The development standards for projects requiring a conditional use permit shall be those that are specified for the underlying zone district, together with other requirements on use, occupancy and design as may be determined through the discretionary permit process consistent with the provisions of Government Code Section 65583(a)(4).
(1)
Emergency shelters shall be allowed by conditional use permit within
all commercial and industrial zone districts. Persons having the right
to occupy emergency shelters shall be restricted to individuals for
whom such housing is specifically provided as defined and regulated
under the California Health and Safety Code.
(2)
Residential care homes and employee housing accommodating seven or
more clients shall be allowed by conditional use permit within the
R-2 and R-3 zone districts. Persons having the right to occupy residential
care homes and employee housing shall be restricted to individuals
for whom such housing is specifically provided as defined and regulated
under the California Health and Safety Code.
(c)
Non-discrimination. No special needs housing shall be denied
nor shall any condition be imposed on a project over which the City
has discretionary approval (including, but not limited to, shared
living arrangements, in-home supported services and licensed community
care facilities) with regard to familial status, disability or other
population segment stipulated in Fair Housing statutes (e.g., individuals
with Alzheimer's, AIDS/HIV, and homeless).
(§ 2, Ord. 828, eff. July 11, 2013, as amended by § 7, Ord.
838, eff. April 11, 2014)
(a)
Definition of term. As used in this section, "disabled person"
means a person with a disability consisting of: (1) a physical or
mental impairment that limits one or more of a person's major life
activities; or (2) a record of having, or being perceived as having,
a physical or mental impairment. It does not include current illegal
use of, or addiction to, a controlled substance (as defined by Section
102 of the Federal Controlled Substance Act, 21 U.S.C. Section 802).
(b)
Affordable housing. The Fair Employment and Housing Act
(California Government Code Section 12900 et seq.) prohibits discrimination
in all aspects of housing (rental, lease, terms and conditions, etc.)
because of a person's disability. Disabled persons have the right
to use the services of a guide, signal or service dog or other such
designated animal and to keep such animals in or around their dwellings.
At the request of a disabled person (or by someone acting on
behalf of such person with his or her written consent), the developer
of each affordable unit (and each subsequent owner thereof) must make
reasonable accommodations in rules, policies, practices or services
when these accommodations may be necessary to afford a disabled person
equal opportunity to use and enjoy a dwelling. The developer (and
each subsequent owner of an affordable unit) must allow a disabled
person (at the tenant's expense or at the expense of someone acting
on behalf of such person with his or her written consent) to reasonably
modify existing premises if the modifications are necessary to afford
the disabled person full enjoyment of the premises. These provisions
shall be stipulated in the Affordable Housing Agreement.
(c)
Adaptive retrofit. At the request of a disabled person (or
by someone acting on behalf of such person with his or her written
consent), a housing provider must make reasonable accommodations in
rules, policies, practices or services when these accommodations may
be necessary to afford a disabled person equal opportunity to use
and enjoy a dwelling. The housing provider must allow a disabled person
(at the tenant's expense or at the expense of someone acting on behalf
of such person with his or her written consent) to reasonably modify
existing premises if the modifications are necessary to afford the
disabled person full enjoyment of the premises. Where such modifications
require an exception in development standards of the underlying zone
district, an adaptive retrofit permit application shall be processed
as follows:
(1)
Director determination. The Director shall have jurisdiction over all adaptive retrofit permits and extensions of time thereof. Upon receipt of the required copies of the permit application, the Director shall consider the requested adaptive retrofit permit at a noticed public hearing and either approve, conditionally approve, or deny the request. Notice of the time and place of the hearing shall be given in accordance with Title 10, Chapter 2, Article 29 (Public Hearings). Action of the Director shall be final subject to appeal to the Planning Commission and City Council as provided under Sections 10-2.2906 (Notice of decision—Director) and 10-2.2907 (Notice of decision—Commission).
(2)
General provisions. A fee for the cost processing
adaptive retrofit permits shall be charged in an amount equal to the
current fee charged for a zoning clearance. Adaptive retrofit permits
may be granted for such period of time and upon such conditions and
limitations as may be required to protect the health, safety, and
general welfare of the community. Such conditions shall take precedence
over those required in the specific zone districts. Any amendments
to an adaptive retrofit permit shall be processed in the same manner
as specified by this title for approval of the original permit.
(3)
Required findings. An adaptive retrofit permit application
shall be approved or conditionally approved only if all of the following
findings are made:
(A)
Physical accommodation. The site for the project
is: (i) adequate in size, shape, location, and physical characteristics
to accommodate the adaptive retrofit proposed; (ii) specific modifications
in building height limit, distance between buildings, setback, yard,
parking, building coverage, landscaping or screening requirements
specified in the applicable zone district are necessary and appropriate
to accommodate the needs of the disabled person; and (iii) the project
will not be detrimental to the health, safety, comfort, convenience,
and general welfare of the neighborhood and will be compatible with
the surrounding area.
(B)
Policy accommodation. The request for reasonable
accommodation: (i) is necessary to make housing available to, and
used by, a disabled person protected under fair housing laws; (ii)
will not impose an undue financial or administrative burden on the
City; and (iii) will not require a fundamental alteration in the nature
of the City's land use and zoning regulations.
(4)
Time limits. At the time the Director approves an
adaptive retrofit permit, a time limit may be established within which
construction must commence or the use must begin. The time limit shall
be a reasonable time based on the size and nature of the proposed
development or use. If no date is specified, the time limit shall
be one year from the date of approval. Such time may be extended by
the Director once for good cause shown, provided a written request,
including a statement of reasons for the time extension, is filed
with the Planning Department prior to the expiration date.
(5)
Permit revocation. An adaptive retrofit permit shall
become null and void and be automatically revoked if the approved
use is discontinued for a period of more than one year. The time limit
may be extended by the Director one time for good cause shown, provided
a written request, including a statement of reasons for the time extension
request, is filed with the Planning Department prior to the expiration
date. If any of the conditions of the adaptive retrofit permit are
not complied with, the Director, after written notice to the permittee
and a noticed public hearing, may revoke the permit.
(§ 2, Ord. 828, eff. July 11, 2013, as amended by § 33, Ord.
941, eff. November 10, 2023)
