The City hereby incorporates by reference the state's Density Bonus Law, as contained in Government Code Section 65915, et seq., as may be amended from time to time. In enacting this chapter, it is the intent of the City to facilitate the development of affordable housing and to implement the goals, objectives, and policies of the Housing Element of the City's General Plan.
(Ord. 05-24, 4/23/2024)
An application for density bonus under this chapter shall follow the review process for major site plan review as set forth in Section 17.10.060, including form and payment of required fees. The application shall be processed concurrently with any other discretionary or ministerial entitlement applications. Determinations shall be made by the Director of Community Development. Appeals shall be as set forth in this title.
(Ord. 05-24, 4/23/2024)
A. 
The applicant requesting a density bonus under this chapter shall agree to construct, operate and maintain the project in accordance with a density bonus housing agreement entered into with the City.
B. 
The terms of the density bonus housing agreement shall be reviewed and revised as appropriate by the Director of Community Development, who shall execute on behalf of the City, and the City Attorney, who shall review as to form.
C. 
The proposed density bonus housing agreement shall be based on the City's standard form agreement, which, at minimum, shall include the address(es), legal description, an appropriate term of affordability, a project description, including, but not limited to, the total number of market-rate and affordable units, the concessions or incentives provided, waivers or reductions provided, the type and description of the affordable unit(s) provided (number of bedrooms/bath, unit size, floor area, etc.) and other standard provisions, including, but not limited to, income verification requirements, the dispersal requirement under this chapter, indemnification language, monitoring and/or reporting requirements and remedies for breach.
D. 
Once a density bonus housing agreement is determined acceptable by the Director of Community Development and executed by the parties, the density bonus housing agreement shall be recorded on the parcel or parcels designated for construction. The approval and recordation shall take place prior to final map approval, or, where a map is not being processed, prior to the issuance of building permits for the project. The density bonus housing agreement shall be binding upon all future owners and successors in interest.
(Ord. 05-24, 4/23/2024)
Affordable units shall be dispersed throughout the project. The bedroom mix of the affordable units shall be equivalent to the bedroom mix of the market-rate units of the project, except that the applicant may include a higher proportion of affordable units with more bedrooms. The exterior and interior design and appearance of the affordable units shall be comparable with the market-rate units.
(Ord. 05-24, 4/23/2024)
The City may not issue building permits for more than 50% of the market rate units until it has issued building permits for all of the affordable units, and the City may not approve any final inspections or certificates of occupancy for more than 50% of the market rate units until it has issued final inspections or certificates of occupancy for all of the affordable units.
(Ord. 05-24, 4/23/2024)
The Director may propose additional standards and procedures to implement the provision of this chapter, consistent with the requirements of state law, including, but not limited to, requesting that applicants endeavor to provide preferences to eligible persons with ties to the City of Orange.
The Director's regulations shall be submitted to the City Council for approval by resolution and may be changed from time to time to reflect changes in state law without further action of the City Council.
(Ord. 05-24, 4/23/2024)