Consistent with the provisions of the General Plan, the West Downtown Specific Plan, the North Downtown Specific Plan, and the Community Benefits Program, this article is intended to provide an implementation mechanism whereby new development may be leveraged to provide community benefits, such as public infrastructure improvements, public and private open space, shared auto dealership parking, an upper upscale hotel, a neighborhood grocery store and other amenities that would serve the public and which could not be provided through public funding alone. This mechanism provides for developers to submit proposals for a community benefit agreement that is considered and approved by either the Planning Commission or the City Council, thereby enabling developers to rely on such agreement and to provide guidance for benefits desired by the City and the value of development bonus(es) in exchange for such benefits.
(§ 17, Ord. 2209, eff. 3/19/2021)
When permitted by the base district regulations, the provisions of this article shall apply to the granting of additional height, FAR and/or density, in exchange for developer-provided community benefits. Any additional height, FAR and/or density granted pursuant to this section shall be consistent with restrictions set forth in the General Plan, any applicable specific plan, and the Zoning Ordinance including Measure A and the O-23 Almond Shuey Overlay Zone. In no case shall additional height be granted in excess of that allowed by Measure A, the Building Height Freeze Initiative, as specified in Section 10-2.1.202(B), Building Height Zones.
(§ 17, Ord. 2209, eff. 3/19/2021)
An application for a community benefit agreement may be filed as provided in Article 2 of Part IV; however, it must be filed separate from and prior to the filing of any other permit or approval for a development project which relies upon the requested increase in height, FAR, and/or density. The application shall be accompanied by copies, in a quantity as required by the Community Development Director, of plans, diagrams, data, descriptions, photographs, or other presentation material as may be necessary for complete review and consideration of the proposed community benefit and requested increase in height, FAR, and/or density, and any items required by the community benefits program. In addition, an application for a community benefit agreement shall include a detailed description of the proposed community benefit, including scope, cost, and timing, as well as preliminary civil and/or architectural plans for any physical improvements that will be constructed as part of the proposed community benefit, including a site plan and, where appropriate, elevation drawings and a landscape plan.
For flexible community benefits as defined and set forth in the community benefits program, the application also shall include information needed to complete a cost-benefit analysis on the proposed community benefit in order for the City to evaluate the project's estimated financial benefit arising from the additional height, density and/or FAR against the value of the community benefit provided to the City. At a minimum, this information shall include conceptual sketches and/or descriptions of the associated development project that indicate the overall scale and reach of the project as well as related construction cost projections using the full rate set forth in the ICC building valuation table.
(§ 17, Ord. 2209, eff. 3/19/2021; § 4, Ord. 2239, eff. 7/5/2024)
No community benefit agreement may be granted unless the following findings are made:
A. 
The proposed community benefit and increase in height, FAR, and/or density is consistent with the General Plan, the applicable specific plan, the Zoning Ordinance (including Measure A and the O-23 Almond-Shuey Overlay Zone), and the Community Benefits Program.
B. 
If the proposed community benefit will be owned and maintained/operated by the City, the benefit will not result in undue negative fiscal impact to the City, and any related facilities will comply with all applicable City guidelines, standards, regulations, and conditions for dedication and acceptance by the City.
C. 
If the proposed community benefit will be privately owned and operated, necessary steps (including but not limited to covenants running with the land) have been taken to ensure its continued operational viability and facilities maintenance.
D. 
For flexible community benefits, as defined and set forth in the Community Benefits Program, the value to the community of the proposed community benefit is proportional to the value to the developer of the proposed increase in height, FAR, and/or density. Further, the proposed community benefit will be highly valued by the community and will serve the surrounding neighborhood and/or the entire City.
Approval of a community benefit agreement and the development bonus(es) thereunder by the City Council or Planning Commission shall not be construed as approval of an entitlement or support for any proposed development project, and such approval of a proposed community benefit does not modify in any way the discretion otherwise provided to the project approval body to consider and act upon the development proposal, including any California Environmental Quality Act (CEQA) compliance, on any aspect other than the community benefit provided and approved by the City Council or Planning Commission. If the proposed community benefit will not be integrated into the development project, separate environmental review will occur as required by CEQA.
(§ 17, Ord. 2209, eff. 3/19/2021)
The procedure and criteria used for the evaluation and acceptance of community benefits, and the granting of additional height, FAR, and/or density, shall be as specified by the Community Benefits Program.
(§ 17, Ord. 2209, eff. 3/19/2021)
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Code reviser's note: Section 10-2.4.1705 was originally numbered as Section 10-2.4.1704 in Ordinance 2209. This section and subsequent sections in this article were editorially renumbered to prevent section number duplication.
Public hearings shall be scheduled, and public notice shall be given, for consideration of community benefit agreements, as provided in Article 3 of Part IV of Chapter 2, Notices and Hearings.
(§ 17, Ord. 2209, eff. 3/19/2021)
Following the public hearing, the City Council or Planning Commission may, upon making the findings set forth in Section 10-2.4.1704, approve or deny the application as provided in Article 4 of Part IV of Chapter 2, Decisions and Permit Review, Modification and Revocation.
(§ 17, Ord. 2209, eff. 3/19/2021)
A decision of the Planning Commission may be appealed in accordance with Article 5 of Part IV of Chapter 2, Appeals. Decisions of the City Council are final.
(§ 17, Ord. 2209, eff. 3/19/2021)
Community benefits proposed under a community benefit agreement shall either:
A. 
Be completed prior to the issuance of a certificate of occupancy for any development relying upon the increased height, FAR, and/or density limits; or
B. 
Require a financial surety, in a form acceptable to the City Manager and City Attorney, from the property owner or developer to ensure completion of the community benefit at the time mutually agreed to by the parties.
(§ 17, Ord. 2209, eff. 3/19/2021)
An applicant desiring to modify the terms and conditions of a community benefit agreement may make such a request pursuant to Section 10-2.4.411, Request for Modification of Discretionary Permits or Entitlements. The grant or denial of a modification request shall be at the sole discretion of the City Council. The City may modify or revoke the community benefit agreement in accordance with Section 10-2.4.412, City-Initiated Review, Modification or Revocation of Discretionary Permits or Entitlements.
(§ 17, Ord. 2209, eff. 3/19/2021)