Density bonuses and "incentives or concessions" set forth in this chapter are intended to meet the following objectives:
(a) 
To implement the mandates for density bonuses and incentives or concessions set forth in California Government Code Section 65915 et seq. (the "Density Bonus Law").
(b) 
As specified in Section 65915 of the California Government Code, the granting of a density bonus and incentives or concessions shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval.
(c) 
As specified in Section 65917 of the California Government Code, the city shall not offer a density bonus or other incentive in the absence of an agreement that, pursuant to California Government Code Section 65915, would undermine the intent of the Density Bonus Law.
(d) 
This chapter is intended to apply to residential projects consisting of five or more dwelling units. However, on a case-by-case basis, with a development plan application, multi-family properties on which the maximum allowable residential yield is two to four dwelling units may add one additional dwelling unit to meet the needs of one of the household groups defined in Section 18.97.020, if the planning commission or city council find that the additional unit will meet zoning requirements for setbacks, lot coverage, or grading limitations. In such cases, incentives or concessions consisting of modifications of zoning standards shall be limited to such standards as building separations, open space, laundry rooms, storage space, and off-street parking.
(Ord. 1294 § 1 (part), 2005)
Whenever the following terms are used in this chapter, unless otherwise apparent from the context or unless inconsistent with a definition provided under state law in which case the definition under state law shall apply, they shall have the meanings established by this section:
"Affordable housing"
shall mean housing meeting the requirements set forth in state law and, where applicable, federal law, for "very low-income," "low-income," "lower-income," or "moderate-income households."
"Allowable housing expense"
shall mean the total monthly or annual recurring expenses required of a household to obtain shelter. For a for-sale unit, allowable housing expenses include loan principal, loan interest, property and mortgage insurance, property taxes, homeowners' association dues, and a reasonable allowance for utilities (sewer, water, gas, trash, and electricity). For a rental unit, allowable housing expenses include rent and a reasonable allowance for utilities.
"Applicant"
refers to the person(s) and/or parties requesting a density bonus and includes the developers of "housing developments."
"Area median income"
shall mean the median income of Yuba County as published and periodically updated by the State Department of Housing and Community Development.
"Child care facility"
means a child day care facility other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and school age child care centers.
"Condominium conversion"
shall mean the change of occupancy of a dwelling unit from rental to owner-occupied.
"Condominium project"
shall have the same meaning as that set forth in subdivision (f) of Section 1351 of the California Civil Code.
"Density bonus (condominium conversions)"
shall mean an increase in the number of dwelling units in an existing apartment building or complex of buildings.
"Density bonus (new housing)"
shall mean a density increase over the otherwise maximum allowable residential density under the zoning ordinance and land use element of the general plan, at the time of application for a density bonus.
"Density bonus application"
shall mean an application for a housing development, requesting from the city a density bonus and incentives or concessions.
"Density bonus dwelling units"
shall mean those residential units granted pursuant to the provisions of this chapter which exceed the otherwise maximum allowable residential yield of the project site.
"Density bonus housing agreement"
shall mean an agreement between an applicant and the city guaranteeing the affordability of rental or ownership units in accordance with the provisions of this chapter. The density bonus housing agreement shall establish the number of target dwelling units and density bonus dwelling units, the unit sizes, location, affordability tenure, terms and conditions of affordability, and unit production schedule.
"Development standard"
shall mean requirements by use and zone applicable to development projects in the city. These standards shall include a (one) site or construction condition, such as a height limitation, a setback requirement, a floor area ratio, an on-site open space requirement, or a parking ratio that applies to a residential development, the application of which would physically preclude the construction of the housing development at the density allowed.
"Financial incentive"
shall mean any incentive offered by the city that consists entirely of financial or monetary assistance.
"Housing development"
shall mean one or more project(s) that would: (a) create five or more new residential lots and/or dwelling units, via applications for subdivision maps, parcel maps, and/or development plans, and/or (b) convert existing residential development consisting of five or more dwelling units from rental units to condominiums. For the purpose of calculating a density bonus, the residential units must be on contiguous sites that are the subject of one development application.
"Incentive or concession"
shall have the meaning set forth in subdivision (I) of Section 65915 of the California Government Code, to include, but not be limited to, the reduction of site development standards or a modification of zoning code requirements or architectural design requirements, or any other regulatory incentive or concession which would result in identifiable, financially sufficient, and actual cost reductions to enable the provision of affordable housing or housing for qualifying (senior) residents.
"Low-income household"
shall mean that segment of lower-income households that excludes very low-income households, that is, whose gross income is greater than fifty percent, but does not exceed eighty percent of the area median income pursuant to Section 50079.5 of the California Health and Safety Code.
"Lower-income household"
shall mean a household with an income that does not exceed eighty percent of the area median income pursuant to Section 50079.5 of the California Health and Safety Code.
"Market-rate unit"
shall mean a dwelling unit whose rental rate or sales price is not restricted either by this chapter or by any other requirement imposed by other local, state, or federal affordable housing programs.
"Moderate-income household"
shall mean a household whose income exceeds eighty percent but does not exceed one hundred and twenty percent of the area median income pursuant to Section 50093 of the California Health and Safety Code.
"Monthly gross income"
shall mean moneys derived from all sources except gifts to any household member, and income of minors.
"Other incentive of equivalent financial value"
is a term that only applies to condominium conversions and shall mean an incentive offered by the city such as reduction or waiver of requirements that the city might otherwise apply as condition of condominium conversion, that is offered in lieu of a density bonus. This term shall not be construed to require the city to provide cash transfer payments or other monetary compensation.
"Planned development"
shall have the same meaning as that set forth in subdivision (k) of Section 1351 of the California Civil Code.
"Qualifying (senior) resident"
shall mean a senior citizen or other person eligible to reside in a senior citizen housing development as defined in Sections 51.3 and 51.12 of the California Civil Code.
"Target dwelling unit"
shall mean a dwelling unit that will be offered for rent or sale exclusively to, and which shall be affordable to, the designated income group or qualifying (senior) resident, as required by this chapter.
"Target income level"
shall mean the income standards for very low-, low-, lower- and moderate-income levels within Yuba County as determined annually by the U.S. Department of Housing and Urban Development, and adjusted for household size.
"Very low-income household"
shall mean a household with an income that does not exceed fifty percent of the area median income pursuant to Section 50105 of the California Health and Safety Code.
(Ord. 1294 § 1 (part), 2005; Ord. 1372 § 7(A), 2015)
The city shall grant a density bonus and incentives or concessions, as set forth in Section 18.97.080 to an applicant for a housing development who files a density bonus application, or who proposes to donate land for target dwelling units, and who agrees or proposes to construct new target dwelling units, or donates land sufficient to accommodate target dwelling units for the target income levels or qualifying residents as set forth below:
(a) 
A minimum of ten percent of the total units of a housing development for lower-income households; or
(b) 
A minimum of five percent of the total units of a housing development for very low-income households; or
(c) 
A senior citizen housing development as defined in Sections 51.3 and 51.12 of the California Civil Code; or
(d) 
A minimum of ten percent of the total units of new construction in a condominium or planned development project for moderate-income households.
(Ord. 1294 § 1 (part), 2005)
(a) 
The number of density bonus dwelling units to be granted for a new housing development shall be determined as follows:
(1) 
The density bonus units shall not be included when determining the number of dwelling units that equal the percentages of the units affordable to moderate-income households between ten and thirty-five percent. The city shall not apply development standards to a proposed density bonus project that would physically preclude construction of the project at the allowable density or with the required concessions or incentives. If underlying development standards that would physically preclude construction of the project at the allowable density or with the required concessions or incentives are in place on a site, the applicant may submit a proposal for the waiver or reduction of the constraining standards. The request for waiver or reduction of development standards does not reduce or increase the number of incentives or concessions to which the applicant is entitled.
(2) 
For those projects listed in Section 18.97.030(c), the density bonus for any project that sets aside a minimum number of thirty-five dwelling units for use by qualified senior citizens, as that term is defined in Civil Code Section 51.3(b)(1) shall be entitled to a twenty percent density bonus unless a lesser percentage is elected by the applicant/developer.
(3) 
For those projects listed in Section 18.97.030(d), the minimum density bonus shall be ten percent of the maximum number of dwelling units permitted on a property under the land use element of the general plan. For projects that propose greater percentages of dwelling units for moderate-income households, the density bonuses shall be increased by one percent for each one percent increase above ten percent, up to a maximum of thirty-five percent. Any resulting decimal fraction shall be rounded to the next larger integer.
The density bonus shall not be included when determining the number of dwelling units that equal to the percentages of the units affordable to moderate-income households between ten and thirty-five percent.
(b) 
An applicant may request a density increase of less than the percentages specified in subsections (a)(1), (2) and (3) of this section. In such a case, the city may grant such a lesser density bonus; provided, that the same proportion of target dwelling units is maintained. For example, if the general plan would permit development of forty units on a property, and an applicant proposes to provide ten percent of the units affordable to low-income households, should the applicant request only a ten percent density bonus (instead of the twenty percent allowed), the city could approve a forty-four unit project (instead of forty-eight units) with two target dwelling units (instead of four target dwelling units).
(c) 
If an applicant requests a density bonus of more than the percentages specified in subsections (a)(1) and (2) of this section, the requested density increase shall be considered an additional density bonus. The city council may, in its discretion, grant an additional density bonus if a written finding is made by the city council that the additional density bonus is required in order for allowable housing expenses for the proposed housing development to be set as affordable. In granting an additional density bonus, the city may require some portion of the additional density bonus to be designated as target dwelling units.
(d) 
A density bonus housing agreement shall be a condition of discretionary permits (i.e., tentative maps, parcel maps, and development plans) for all applicants who request a density bonus and incentives or concessions. The relevant terms and conditions of the density bonus housing agreement shall be filed and recorded as a deed restriction on those individual lots or units of a housing development which are designated for the location of target dwelling units. The density bonus housing agreement shall be consistent with Section 18.97.130.
(Ord. 1294 § 1 (part), 2005; Ord. 1372 § 7(B), 2015)
The city shall either grant a density bonus of twenty-five percent or provide another incentive of equivalent financial value, as set forth in Section 18.97.070, to an applicant proposing to convert apartments to condominiums who files a density bonus application and who agrees or proposes to provide dwelling units for any of the target income levels or qualifying residents as set forth below:
(a) 
A minimum of thirty-three percent of the total units of the proposed condominium project will be for low-income or moderate-income households; or
(b) 
A minimum of fifteen percent of the total units of the proposed condominium project will be for lower-income households.
(Ord. 1294 § 1 (part), 2005)
(a) 
The minimum number of density bonus dwelling units to be granted for a condominium conversion shall be twenty-five percent of the number of existing dwelling units within the structure or structures proposed for conversion. The density bonus shall not be included when determining the number of housing units which is equal to thirty-three percent or fifteen percent of the total units. Any resulting decimal fraction shall be rounded to the next larger integer.
(b) 
An applicant proposing to convert apartments to condominiums shall be ineligible for a density bonus or other incentive of equivalent financial value under this section if the apartments proposed for conversion constitute a housing development for which a density bonus was previously provided under the provisions of this chapter.
(c) 
If an applicant requests a density increase of less than twenty-five percent, the granting of such request shall not reduce the number of target dwelling units required.
(d) 
The city may grant a density bonus greater than what is described above for a condominium conversion that meets the requirements of this section or it may grant a proportionately lower density bonus than what is described above for a condominium conversion that proposes to provide lesser percentages of target dwelling units than those specified in Section 18.97.040(a) and (b).
(e) 
A density bonus housing agreement shall be made a condition of the discretionary permits (tentative maps, parcel maps, and development plans) for all condominium conversion proposals that request a density bonus or other incentive of equivalent financial value. The relevant terms and conditions of the density bonus housing agreement shall be filed and recorded as a deed restriction on those individual lots or units of a housing development that are designated for the location of target dwelling units. The density bonus housing agreement shall be consistent with the terms of Section 18.97.130.
(Ord. 1294 § 1 (part), 2005)
(a) 
Incentives and concessions may include, but are not limited to, the following:
(1) 
A reduction in site development standards or a modification of zoning code requirements or architectural design requirements which exceed the minimum building standards approved by the State Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicle parking spaces that would otherwise be required that results in identifiable, financially sufficient, and actual cost reductions;
(2) 
Other regulatory incentives or concessions proposed by the applicant or the city which result in identifiable, financially sufficient, and actual cost reductions;
(3) 
Additional density bonus above the minimum percentages set forth in Section 18.97.050;
(4) 
Direct financial aid including, but not limited to, redevelopment low- and moderate-income housing funding, community development block grant funding, Home Investment Partnership Act (HOME) funding, or subsidizing infrastructure, land cost or construction costs, planning application, plan check, building permit, or development impact fees; or other incentives of equivalent financial value based upon the land costs per dwelling unit.
(b) 
The value of each incentive will vary from project to project. Therefore, each incentive or concession shall be determined on a case-by-case basis.
(c) 
Except as provided in subsection (e) of this section, to those applications meeting the requirements set forth in Section 18.97.030 for a new housing development, a density bonus and incentives or concessions shall be granted to qualified lower-income, very low-income, qualifying (senior) resident, and condominium project housing developments in accordance with the following schedule:
(1) 
One incentive or concession for projects that include at least ten percent of the total units for lower-income households, at least five percent for very low-income households, or at least ten percent for persons and families of moderate income in a condominium or planned development.
(2) 
Two incentives or concessions for projects that include at least twenty percent of the total units for lower-income households, at least ten percent for very low-income households, or at least twenty percent for persons and families of moderate income in a condominium or planned development.
(3) 
Three incentives or concessions for projects that include at least thirty percent of the total units for lower-income households, at least fifteen percent for very low-income households, or at least thirty percent for persons and families of moderate income in a condominium or planned development.
(d) 
Except as provided in subsection (e) of this section, to those applications meeting the requirements set forth in Section 18.97.050 for a condominium conversion, either (1) a density bonus or (2) another incentive of equivalent financial value shall be granted to qualified lower-income, low-income, and moderate-income housing developments.
(e) 
Exceptions.
(1) 
Pursuant to California Government Code Section 65915, the city is not required to approve an incentive or concession if it makes a written finding, based on substantial evidence, of either of the following:
(A) 
The incentive or concession is not required in order to provide for affordable housing costs, as defined in Section 50052.5 of the California Health and Safety Code, or for rents for the targeted units;
(B) 
The incentive or concession would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of California Government Code 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.
(2) 
Pursuant to California Government Code Section 65915.5, the city is not required to approve a proposal to convert apartments to condominiums.
(Ord. 1294 § 1 (part), 2005)
(a) 
All applicants for a density bonus shall submit a density bonus application in conjunction with a development plan application, which may be processed simultaneously with other applications for general plan amendments, rezones, and/or subdivision (tract or parcel) maps. Target dwelling units shall be designated on the project plans. All applicants shall be provided with a copy of this chapter and all required application forms.
(b) 
Preliminary Application. An applicant proposing a density bonus for a housing development may, prior to the submittal of any formal requests for approvals of such housing development, submit a preliminary application to the city planner in order to allow for expedited staff review and scheduling upon complete application submittal. The preliminary application shall be accompanied by information as provided for in the application checklist maintained by the city planner, but shall include the following minimum information:
(1) 
A brief description of the proposal including the number of target dwelling units and density bonus dwelling units proposed;
(2) 
The zoning, general plan designations, and assessor's parcel number(s) of the project site;
(3) 
A site plan, drawn to scale, which includes building footprints, driveway and parking layout, building elevations, existing contours and proposed grading;
(4) 
A letter identifying what specific incentive(s) or concession(s) (i.e., standards modifications, density bonuses, or fee subsidies) are being requested of the city; and
(5) 
In the case of a request for any incentives or concessions, a pro forma for the proposed housing development.
Within ninety days of receipt of the preliminary application, the city planner shall provide to an applicant a letter that identifies: (A) issues of concern; (B) the density bonus and/or incentives or concessions that the city planner may recommend to the planning commission or city council; and (C) the procedures for compliance with this chapter.
(c) 
Density Bonus Application Submittal. The completed density bonus application submitted as part of the applicant's development plan application(s) shall include the following information:
(1) 
A legal description of the total site proposed for development of the target dwelling units including a statement of present ownership and present and proposed zoning;
(2) 
A letter signed by the applicant stating what incentive(s) or concession(s), if any, is/are being requested from the city;
(3) 
Site plans, designating the total number of units proposed on the site, identifying the number and locations of target dwelling units, and supporting plans per the application submittal requirements; and
(4) 
In the case of a condominium conversion request, a report documenting the following information for each unit proposed to be converted: the monthly gross income of tenants of each unit throughout the prior year, the monthly rent for each unit throughout the prior year, and vacancy information for each unit throughout the prior year.
Any applicant applying for incentives or concessions shall submit supporting financial documents with the density bonus application. Such financial documents shall support or establish that the incentives or concessions are necessary to provide for affordable housing costs.
(Ord. 1294 § 1 (part), 2005; Ord. 1372 § 7(C), 2015)
(a) 
Planning Commission Review. Except for those density bonus applications that request a financial incentive, the planning commission shall have the authority to review and act upon an application for a density bonus and incentives or concessions. An appeal from any findings of the planning commission may be made in writing to the city council within ten days from the date of the commission's action. The appeal shall be accompanied by a fee in an amount established by resolution, no part of which shall be returnable to the appellant.
(b) 
City Council Review. If the density bonus application involves a request to the city for financial incentives, then the planning commission shall make a recommendation to the city council, which shall take final action on the density bonus application.
(c) 
A density bonus application shall be evaluated for conformance with the density bonus housing standards set forth in Section 18.97.120.
(Ord. 1294 § 1 (part), 2005)
When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to the city as provided for in this section, the applicant shall be entitled to a fifteen percent increase above the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan for the entire development. For each one percent increase above the minimum ten percent land donation described in subsection (b) of this section, the density bonus shall be increased by one percent, up to a maximum of thirty-five percent. This increase shall be in addition to any increase in density mandated by Section 18.97.040(b), up to a maximum combined mandated density increase of thirty-five percent if an applicant seeks both the increase required pursuant to this section and Section 18.97.040(b). All density calculations resulting in fractional units shall be rounded up to the next whole number.
Nothing in this section shall be construed to enlarge or diminish the authority of the city to require an applicant to donate land as a condition of development. An applicant shall be eligible for the increased density bonus described in this section 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 or parcel map, or, for multiple-family residential housing, the date of approval of a development plan application.
(b) 
The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low-income households in an amount not less than ten percent of the number of residential units of the proposed development.
(c) 
The transferred land is at least one acre in size or of sufficient size to permit development of at least forty units, has the appropriate general plan designation, is appropriately zoned for development as affordable housing, and is or will be served by adequate public facilities and infrastructure. The land shall have appropriate zoning and development standards to make the development of the affordable units feasible. No later than the date of approval of the final subdivision map or parcel map, or, for multiple-family residential housing, the date of approval of a development plan application, the transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the very low-income housing units on the transferred land, except that the city may subject the proposed development to subsequent design review to the extent authorized by subdivision (i) of Section 65583.2 of the Government Code if the design is not reviewed by the city prior to the time of transfer.
(d) 
The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with Section 18.97.120(b) and (d), which shall be recorded on the property at the time of dedication.
(e) 
The land is transferred to the city or the community development agency or to a housing developer approved by the city or the community development agency. The city or the community development agency may require the applicant to identify and transfer the land to the approved housing developer.
(f) 
The transferred land shall be within the boundary of the proposed development or, if the city or the community development agency agrees, within one-quarter mile of the boundary of the proposed development.
(Ord. 1294 § 1 (part), 2005)
(a) 
When an applicant proposes to construct a housing development that conforms to the requirements of Section 18.97.030 and includes a child care facility that will be located on the premises of, as part of, or adjacent to the project, the city shall grant either of the following:
(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.
(2) 
An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility.
(b) 
The city shall require, as a condition of approving the housing development, that the following occur:
(1) 
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 density bonus units are required to remain affordable pursuant to Section 18.97.120(b) and (d).
(2) 
Of the children who attend the child care facility, the children of very low-income households, lower-income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low-income households, lower-income households, or families of moderate income pursuant to Section 18.97.030.
(c) 
Notwithstanding any requirement of this section, the city shall not be required to provide a density bonus and incentives or concessions for a child care facility if it finds, based upon substantial evidence, that the community has adequate child care facilities.
(Ord. 1294 § 1 (part), 2005)
(a) 
Required target dwelling units shall be constructed concurrent with market-rate dwelling units unless both the city and the applicant agree within the density bonus housing agreement to an alternative schedule for development.
(b) 
Target dwelling units for lower-income households shall remain restricted and affordable for a period of at least thirty years, or a longer period of time may be required if the project includes government financial assistance.
(c) 
Those units targeted for lower-income households shall be affordable at a rent that does not exceed thirty percent of sixty percent of area median income. Those units targeted for very low-income households shall be affordable at a rent that does not exceed thirty percent of fifty percent of area median income.
(d) 
For a condominium project or planned development, target dwelling units shall remain restricted and affordable to the designated group for a period of at least ten years for any target unit for moderate-income households, except that a longer period of time may be required if the project includes government financial assistance. The initial occupants of the moderate-income units that are directly related to the receipt of the density bonus in the condominium project or in the planned unit development are persons and families of moderate income. 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 city shall recapture its proportionate share of appreciation, which shall then be used within five years for any of the purposes described in subdivision (e) of Section 33334.2 of the California Health and Safety Code that promote homeownership. For purposes of this subsection, the city's proportionate share of appreciation 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 initial sale.
(e) 
Except for housing developments with donations of land, as provided in Section 18.97.100, target dwelling units and density bonus dwelling units shall be built within the housing development.
(f) 
All housing developments shall comply with all applicable development standards, except those which may be modified as an additional incentive or concession as provided herein. In addition, all target dwelling units must conform to the requirements of the applicable building and housing codes.
(g) 
Compatibility. Target dwelling units shall be of similar design and similar quality as the market-rate units. Exteriors and floor plans of target dwelling units shall be similar to the market-rate units; interior features such as luxury flooring, appliances, and lighting fixtures need not be the same.
(h) 
No target dwelling unit shall be rented or sold except in accordance with this chapter.
(i) 
California Government Code Section 65915(e) prohibits the city from applying any development standard that will have the effect of precluding the construction of a development meeting the criteria of California Government Code Section 65915(b) at the densities or with the concessions or incentives permitted by California Government Code Section 65915.
(j) 
Applicants receiving a density bonus and incentives or concessions for a housing development shall use their best efforts to market and provide such housing to persons already residing and/or working in the city.
(k) 
Off-Street Parking.
(1) 
Upon the written request of the applicant, the following off-street parking space requirements shall supersede those set forth in Section 18.60.030, inclusive of handicapped and visitor parking, of a housing development meeting the criteria of Section 18.97.030(b), that exceeds the following ratios:
(A) 
One-bedroom units: one off-street parking space.
(B) 
Two- to three-bedroom units: two off-street parking spaces.
(C) 
Four- and more bedroom units: two and one-half off-street parking spaces.
(2) 
If the total number 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 off-street parking through tandem parking or uncovered parking, but not through on-street parking.
(3) 
This subsection shall apply to a housing development that meets the requirements of Section 18.97.030(b), but only at the written request of the applicant. An applicant may request additional parking incentives or concessions beyond those provided in this section, subject to Section 18.97.060(d).
(Ord. 1294 § 1 (part), 2005; Ord. 1372 § 7(D), 2015)
(a) 
Any applicant requesting a density bonus, additional incentive, or in-lieu incentive pursuant to this chapter shall execute a density bonus agreement in a form approved by the city attorney. The density bonus agreement shall be approved by the city council, shall run with the land, and shall be binding on the applicants, their heirs, transferees, assigns, successors, administrators, executors and other representatives and recorded on the deed for the requisite time period.
(b) 
A density bonus housing agreement processed pursuant to this chapter shall include the following:
(1) 
The number of density bonus dwelling units granted;
(2) 
Incentives, concessions, and/or financial assistance provided by the city;
(3) 
The number of moderate-income, lower-income, low-income, and/or qualifying (senior) resident dwelling units proposed;
(4) 
The unit size(s) (square footage) of target dwelling units and the number of bedrooms per target dwelling unit;
(5) 
The proposed location of the moderate-income, lower-income, low-income, and/or qualifying (senior) resident target dwelling units;
(6) 
Tenure of restrictions for target dwelling units (of at least ten or thirty years);
(7) 
Schedule for production of target dwelling units;
(8) 
The standards for maximum qualifying incomes for affordable units;
(9) 
The standards for maximum rents or sales prices for affordable units;
(10) 
The process to be used to certify tenant/homeowner incomes;
(11) 
The arrangements with a third party approved by the city for monitoring of the affordable units;
(12) 
A description of how vacancies will be marketed and filled;
(13) 
Restrictions and enforcement mechanisms binding on property upon sale or transfer;
(14) 
Penalties and enforcement mechanisms in event of failure to maintain affordability provisions; and
(15) 
Any other provisions deemed necessary by the city to fulfill the requirements of this chapter.
(c) 
Following the approval and the signing by all parties, the completed density bonus housing agreement shall be recorded with the county recorder's office and the relevant terms and conditions therefrom filed and recorded as a deed restriction on those individual lots or units of a property which are designated for the location of target dwelling units. The approval and recordation shall take place prior to final map approval, or, where a subdivision or parcel map is not being processed, prior to issuance of building permits for such lots or units.
(Ord. 1294 § 1 (part), 2005)
Only households meeting the standards for moderate-income households, lower-income households, low-income households, and qualifying (senior) residents as defined in Section 18.97.020 shall be eligible to occupy target dwelling units.
(Ord. 1294 § 1 (part), 2005)
Rental target dwelling units shall be managed by the applicant, his or her agent, or their successors and assigns. Each owner of rental target dwelling units, upon request by the city, shall submit an annual report to the city identifying which units are target dwelling units, the monthly rent, vacancy information for each rental target dwelling unit for the prior year, monthly gross income for tenants of each rental target dwelling unit throughout the prior year, and other information as required by the city, while ensuring the privacy of the tenant.
(Ord. 1294 § 1 (part), 2005)
During the density bonus application period and throughout the term of the affordability covenants for the target dwelling units, the city will either directly or, via one or more third parties, provide a number of recurring services associated with the administration and monitoring of such units. Although the provision of some of these services will be within the normal purview of existing city activities, others will involve new costs to the city for which there are no existing funding sources. Therefore, the city council hereby establishes an administrative fee for target dwelling units, the amount to be established by city council resolution and paid prior to the issuance of building permit(s). In no event shall such administrative fee exceed the actual cost of providing services pursuant to this chapter.
(Ord. 1294 § 1 (part), 2005)