The specific purpose of this chapter is to ensure the adequate provision of housing for all income levels in the City, at rental and sales prices affordable for the appropriate income category.
(Ord. 2000, 2021; Ord. 2046, 3/2/2026)
A.
Purpose and Applicability.
1.
It is the City Council's intent that the City comply with Government Code Sections 65915 through 65918, referred to herein as the "density bonus law," for the granting of residential density bonuses and the submission, review, and granting of incentives and concessions consistent with State law. All applicable provisions of the density bonus law are hereby incorporated by reference and shall be the default law unless otherwise provided by this chapter.
B.
Application and Review Process.
1.
An application for a density bonus or incentive shall be made to the Community Development Department on forms provided by the City. The application shall include the following information:
a.
A brief description of the proposed housing development, including the total number of dwelling units, affordable housing units, and density bonus units proposed.
b.
The requested density bonus amount and requested incentives, if any.
c.
Site plans showing the location of market-rate, density bonus, and affordable housing units.
d.
Any other such information as is necessary to verify that the applicant and/or the housing development meets all requirements set forth by State and local law.
2.
The application, or an incentive therein, may be wholly or partially denied for any of the following reasons:
a.
The application is incomplete.
b.
The application contains a material misrepresentation.
c.
The incentive has an insufficient relationship to providing affordable housing.
d.
The incentive has a specific, adverse impact as defined in Government Code Section 65589.5(d)(2).
e.
The incentive is contrary to Federal or State law.
3.
The applicant may file an appeal to the City Council within 10 calendar days of being notified of his or her application's final denial.
C.
Standards for Development.
1.
The required affordable dwelling units shall be constructed concurrently with market-rate units unless both the final decision-making authority of the City and developer agree within the affordable housing agreement to an alternative schedule for development.
2.
The exterior design and construction of the affordable dwelling units shall be consistent with the exterior design and construction of the total project development and shall be consistent with any affordable residential development standards that may be prepared by the City.
3.
The affordable units shall have the same amenities as the market rate units, including the same access to and enjoyment of common open space, parking, storage, and other facilities in the residential development, provided at an affordable rent or at affordable ownership cost specified by Section 50052.5 of the California Health and Safety Code and California Code of Regulations Title 25, Sections 6910 through 6924, as they may be amended from time to time. Developers are strictly prohibited from discriminating against tenants or owners of affordable units in granting access to and full enjoyment of any community amenities available to other tenants or owners outside of their individual units.
D.
Regulatory Agreement.
1.
After approval of the application pursuant to the requirements of this title, the applicant shall enter into a regulatory agreement with the City. The terms of this agreement shall be approved as to form by the City Attorney's Office and reviewed and revised as appropriate by the reviewing City official. This agreement shall be on a form provided by the City, and shall include the following terms:
a.
The affordability of very low-, lower-, and moderate-income housing shall be assured in a manner consistent with Government Code Section 65915(c)(1).
b.
An equity sharing agreement pursuant to Government Code Section 65915(c)(2).
c.
The location, dwelling unit sizes, rental cost, and number of bedrooms of the affordable units.
d.
A description of any bonuses and incentives, if any, provided by the City.
e.
Any other terms as required to ensure implementation and compliance with this section and the applicable sections of the density bonus law.
2.
This agreement shall be binding on all future owners and successors in interest. The agreement required by this section shall be a condition of all development approvals and shall be fully executed and recorded prior to the issuance of any building or construction permit for the project in question.
(Ord. 2000, 2021; Ord. 2046, 3/2/2026)
A.
Purpose. To encourage the construction of additional housing stock, the incentives below are available for eligible projects.
B.
Applicability. The following types of project are eligible for up to two incentives described in subsection C below. In no event shall a project be entitled to more than two incentives:
1.
Lot Consolidation. Projects consolidating parcel(s) smaller than 0.5 acre into a larger parcel may choose up to two incentives from the Incentives Menu.
2.
Larger Affordable Units. Projects constructing at least 25% of the affordable units included in the project as two- and/or three-bedroom units may choose up to two incentives from the Incentives Menu as long these affordable units are for households at an income level of 80% AMI or lower.
3.
Duplexes or Townhomes. Projects including at least 25% of units as duplexes or townhomes affordable to households making up to 80% AMI may choose up to two incentives from this menu.
(Ord. 2000, 2021; Ord. 2046, 3/2/2026)
A.
Purpose and Applicability. The purpose of this chapter is to require replacement housing and protect occupants of existing protected units proposed for demolition to accommodate a development project, consistent with California Government Code Sections 66300.5 through 66300.6, as may be amended from time to time. All references to State codes include successor provisions, and all provisions are intended to be consistent with other provisions of the law.
B. "Comparable unit" "Development project" "Equivalent size" "Nonresidential development project" "Prior to or concurrently" "Protected units" "Replace"
Definitions. As used in this chapter, the following terms shall have the following meanings:
shall have the same meaning as provided in California Government Code Section 66300.6(b)(4)(c)(i).
means any housing development project or nonresidential development project.
shall have the same meaning as provided in California Government Code Section 66300.5.
means any development project except a housing development project, unless all of the following conditions apply: (1) the project is an industrial use; (2) the project site is entirely within a zone that does not allow residential uses; (3) the zoning applicable to the project site that does not allow residential uses was adopted prior to January 1, 2022; and (4) the protected units that are or were on the project are or were nonconforming uses.
means that a certificate of occupancy for the replacement housing must be obtained no later than the issuance of a final certificate of occupancy for the nonresidential development project.
shall have the same meaning as provided in California Government Code Section 66300.5.
shall have the same meaning as provided in California Government Code Section 66300.5.
C.
Replacement Housing Required.
1.
No-Net-Loss of Dwelling Units in Development Projects. A development project that involves the demolition of one or more residential dwelling units must create at least as many residential dwelling units as will be demolished or include at least as many residential dwelling units as the greatest number of residential dwelling units that existed on the project site within the five years preceding submittal of the development application, whichever is greater.
2.
Replacement of Protected Units in All Development Projects. A development project that proposes to demolish existing vacant or occupied protected units, or that is proposed on a site where protected units were demolished in the five years preceding submittal of a development application, must meet all the following requirements, as applicable:
a.
Required Replacement of Protected Units. The development project must replace all existing protected units, and all protected units demolished on or after January 1, 2020, with at least the same number of units of an equivalent size, pursuant to the replacement requirements of Government Code Section 65915(3)(c) incorporated herein.
i.
Income Requirements. Replacement units must be made available at an affordable rent or affordable housing cost to income categories, as follows:
(A)
Incomes Known. For projects for which incomes of the last occupants of protected units are known, and the protected units were either occupied on the date that the application is submitted or were vacated in the previous five years, occupants (persons and households) must be in the same or lower income category as the existing or last occupants, and rent or housing cost must be set at an affordable rate for the income category, pursuant to Government Code Section 65915(c)(3)(B)(i).
(B)
Occupied; Incomes Unknown. For projects for which incomes of the occupants are not known, and protected units are occupied on the date that the application is submitted, the number of lower income households must be in the same proportion of lower income renter households to all renter households within the City, and rent or housing cost must be set at an affordable rate for the income category, as determined by the most recently available data from the Department of Housing and Urban Development's (HUD) Comprehensive Housing Affordability Strategy (CHAS) database.
(C)
Vacant or Demolished; Incomes Unknown. For projects where protected units were demolished or vacated in the last five years and the incomes of the last households in occupancy are unknown, the number of very low- and low-income household occupants must be the same proportion to all renter households within the City, as determined by the most recently available data from HUD's CHAS database, and rent or housing cost must be set at an affordable rate for the income category.
ii.
Equivalent Size. Replacement units for protected units shall meet the definition of equivalent size, as defined in this chapter.
iii.
Relationship to Other Affordability Requirements. Any protected units replaced pursuant to this paragraph shall be considered in determining whether a housing development project satisfies any State, local, or Federal requirement that conditions the development of residential units on the provision of a certain percentage of residential units affordable to, and/or occupied by, households whose incomes do not exceed the limits for moderate-, lower-, very low-, extremely low-, or acutely low-income households.
b.
Protections for Existing Occupants. The project must comply with all the requirements in subsection D of this section.
c.
Additional Requirements for Nonresidential Development Project. Nonresidential development projects must meet the following requirements:
i.
Prior to permit issuance, the project applicant must sign an agreement, in a form approved by the City Attorney, that commits the project applicant to construct required replacement housing prior to or concurrently with the nonresidential development project.
ii.
The required replacement housing may be located on any site located within the City zoned for residential use.
iii.
The project applicant may contract with another entity to develop the required replacement housing, provided that replacement housing units cannot fulfill the affordability requirements of any other development pursuant to another law.
D.
Protections for Existing Occupants of Demolished Housing.
1.
Right to Remain. Existing occupants of residential dwelling units that will be demolished may occupy their units until six months before the start of construction.
2.
Required Notice. The project proponent shall provide written notice of the planned demolition to existing occupants of the residential dwelling units that will be demolished at least six months prior to the date occupants must vacate. Written notice must include the date occupants must vacate and occupants' rights under this section.
3.
Right to Return if Demolition Does Not Proceed. Any existing occupants who are required to leave their units shall be allowed to return to the same rental unit or a comparable unit at their prior rental rate if the demolition does not proceed and the property is returned to the rental market. The unit provided shall be in the same condition, or better, as when it was last occupied by the tenant.
4.
Right to Relocation Benefits. Prior to issuance of any demolition permit for the site, the project applicant must pay relocation benefits to any existing occupants of protected units who are lower income households. Relocation benefits must be in an amount equivalent to the relocation benefits to be paid by public entities pursuant to Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the California Government Code and any implementing regulations.
5.
Right to Return to Replacement Units. The project applicant must provide any existing occupants of protected units who are lower income households a right of first refusal for a comparable unit available in the new housing development, or in any required replacement units associated with a nonresidential development project, at their prior rental rate or at an affordable rent or affordable housing cost, whichever is lower.
a.
Single Family Home Replacement. Notwithstanding Section 25.33.030.B.3. of this chapter, where one or more single-family homes with four or more bedrooms are being replaced by a development project that consists of two or more units, a comparable unit may have three bedrooms, and a comparable unit is not required to have the same or similar square footage or same number of total rooms.
b.
Exemption. Notwithstanding Section 25.33.030.D.5.a. of this chapter, the right to return shall not apply to any of the following:
i.
A housing development project that consists of a single residential unit located on a site where a single protected unit is being demolished;
ii.
Units in a housing development project in which 100% of the units, exclusive of the manager's unit(s), are reserved for lower-income households, except when protected units occupied by a person or household who qualifies for residence in the new housing development and for whom providing a comparable unit would not be precluded due to size limitations or other requirements of any funding source of the housing development project, as determined by the community development director; or
iii.
A development project that meets the requirements of Government Code Section 66300.6(b)(1)(C).
E.
Procedural Requirements.
1.
Application Requirements. The following materials must be submitted with all applications for any development project that requires the demolition of one or more residential dwelling units, or that is proposed on a site where one or more residential dwelling units existed in the five years preceding submittal of the application:
a.
Information Regarding Existing or Prior Occupants and Use of Ellis Act. Information regarding any existing occupants of, or occupants who vacated, the existing or demolished residential dwelling units on the project site in the five years preceding submittal of the application, including identification of the units occupied or vacated, the current or last monthly rents for those units, the names of every member of the household who is a signatory on a written lease or rental agreement for that unit, the household income (if known), and the number of household members included on the lease or rental agreement. Where there is no written lease or rental agreement, the project proponent shall provide the name of every person the project proponent considers to be a lawful occupant under an oral lease or rental agreement. Information regarding any residential dwelling units located on the property withdrawn from rent or lease under the Ellis Act (commencing with Government Code Section 7060) in the last 10 years.
b.
Recorded Restriction or Equity Share Agreement. A written commitment to do the following, as applicable:
i.
If the replacement units will be rental dwelling units, to record, prior to the issuance of the first building permit for the development project, a land use restriction or covenant for the required replacement units providing that the housing shall remain affordable for a period of at least 55 years or longer pursuant to Government Code Section 65915(c)(1);
ii.
If the replacement units will be for-sale dwelling units, to enter an equity sharing agreement that meets all the requirements of Government Code Section 65915(c)(2); or
The recorded restriction or equity sharing agreement shall also include the location, dwelling unit sizes, rental cost, and number of bedrooms of the affordable units, be binding on all future owners and successors in interest, and shall be fully executed and recorded prior to the issuance of any building or construction permit for the project in question.
2.
Existing Occupant Notification Requirements.
a.
Notice of Rights Under Subsection D.2. In addition to the notice required by subsection D.2, the project applicant shall notify existing occupants in writing of their legal rights under subsection D.2. Information regarding the occupant's eligibility for these rights, rent guidelines for a comparable unit in the new development, and any procedures the occupant will need to follow to exercise these rights shall be provided in writing to the occupant in accordance with all requirements and procedures of the City. The applicant shall maintain accurate contact information for these occupants for the purposes of communicating throughout the construction and leasing of the development project.
b.
Notice of Availability of Replacement Unit. The project applicant (or their successor-in-interest) shall inform any eligible occupant of their right to return pursuant to subsection D and shall notify the eligible occupant household of the anticipated availability of the replacement unit within 60 days of the issuance of the certificate of occupancy for the replacement unit.
i.
Occupant Notice of Intent to Reoccupy. Within 60 days of receipt of the notice from the proponent of the development project (or their successor-in-interest) of the anticipated availability of the replacement unit, the occupant household shall notify the proponent (or their successor-in-interest) if it wishes to reoccupy the replacement unit.
ii.
Holding Period. The proponent (or their successor-in-interest) must hold the replacement unit vacant at no cost to the occupant household for 30 days from the date that the occupant household's written notice of its intent to return to the replacement unit is received.
(Ord. 2000, 2021; Ord. 2046, 3/2/2026)