The purpose of this chapter is to provide incentives consistent with state law, for the construction of housing units that are affordable to very low-, low-, and moderate-income persons and families. Further, it serves to provide incentives for the construction of housing units that are of unique design quality and configuration (e.g., clustered housing).

A density bonus is an increase over the otherwise maximum residential density allowable under the zoning ordinance and the general plan. It provides developers an opportunity to increase the number of units within a proposed residential development in exchange for including within the project a specified number of units that are affordable to very low-, low-, or moderate-income persons and families and/or units that are of unique design quality and configuration. State law also allows the city to provide incentives other than, or in addition to, an increase in density for affordable housing if requested by an applicant. Accordingly, the purposes of this chapter are to:

1.

Establish procedures for allowing an increase in density above the maximum residential density allowed by the general plan and zoning ordinance.

2.

Provide for flexibility in applying zoning regulations and development standards in order to facilitate the development of affordable housing and/or housing of unique design quality and configuration.

3.

Provide incentives to developers to encourage the inclusion of affordable housing within residential projects.

4.

Encourage architectural diversity in order to avoid monotonous and repetitive subdivision design and appearance.

5.

Preserve and enhance neighborhood appearance through creative building design, use of materials, landscaping, and street layout.

6.

Achieve compatibility within the subdivision design and surrounding neighborhoods.

7.

Implement the goals and policies of the general plan relative to providing housing opportunities and meeting community housing needs.

(Ord. No. 771, Exh. C, 6-7-2011)

For the purposes of this chapter, the following words and phrases shall have the following meanings:

A.

"Affordable housing agreement" means a legally binding agreement between a developer and the city to ensure that the requirements of this chapter are satisfied. The agreement, among other things, shall establish: the number of affordable units, their size, location, terms and conditions of affordability, and production schedule.

B.

"Additional incentives" means such regulatory concessions as specified in California Government Code Subsections 65915(d) and (h) to include, but not be limited to, the reduction of site development standards or zoning code requirements, direct financial assistance, approval of mixed use zoning in conjunction with the housing development, or any other regulatory incentive that would result in identifiable cost avoidance or reductions that are offered in addition to a density bonus.

C.

"Affordable rent" means monthly housing expenses, including a reasonable allowance for utilities, for affordable units reserved for rent by very low-, low-, and moderate-income persons and families.

D.

"Affordable sales price" means a sales price at which very low-, low- and moderate-income persons and families can qualify for the purchase of affordable units, calculated on the basis of underwriting standards of mortgage financing available for the development.

E.

"Affordable unit" means a dwelling unit within a housing development which will be reserved for sale or rent to, and affordable to, very low-, low-, and moderate-income persons and families.

F.

"Density bonus" means a minimum density increase of at least twenty-five percent over the otherwise maximum residential density.

G.

"Density bonus units" means those residential units granted pursuant to the provisions of this chapter which exceed the otherwise maximum residential density for the development site.

H.

"Equivalent financial incentive" means 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.

I.

"Housing cost" means the sum of actual or projected monthly payments for all of the following associated with for-sale affordable units: 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.

J.

"Housing development" means construction projects consisting of five or more residential units, including single-family, multifamily, and mobile homes for sale or rent, pursuant to this chapter.

K.

"Low-income" means less than eighty percent of the area median income as defined by Section 50079.5 of the California Health and Safety Code.

L.

"Low-income unit" means a unit with an affordable rent or payment that does not exceed thirty-five percent of eighty percent of area median income adjusted for family-size appropriate for the unit as established by the State Department of Housing and Community Development.

M.

"Lower income household" means households whose income does not exceed the lower income limits applicable to Shasta County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50079.5 of the California Health and Safety Code.

N.

"Market-rate unit" means a dwelling unit where the rent or sales price is not restricted either by this chapter or by requirements imposed through other local, state, or federal affordable housing programs.

O.

"Maximum residential density" means the maximum number of residential units permitted by the general plan and zoning ordinance at the time of application, excluding the provisions of this chapter. If the housing development is within a planned development overlay zone, the maximum residential density shall be determined on the basis of the general plan and the maximum density of the underlying zone.

P.

"Moderate-income" means less than one hundred twenty percent of the area median income as defined in Section 50093 of the California Health and Safety Code.

Q.

"Moderate-income unit" means a unit with an affordable housing cost that does not exceed thirty-five percent of one hundred twenty percent of area median income adjusted for family size appropriate for the unit as established by the State Department of Housing and Community Development.

R.

"Qualifying resident" means senior citizens or other persons eligible to reside in senior citizen housing.

S.

"Senior citizen housing" means a housing development 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 Section 51.2 and 51.3.1.

T.

"Very low-income" means less than fifty percent of the area median income as defined in Section 50105 of the California Health and Safety Code.

U.

"Very low-income unit" means a unit with an affordable rent or payment that does not exceed thirty percent of fifty percent of the area median income adjusted for family-size appropriate for the unit as established by the State Department of Housing and Community Development.

(Ord. No. 771, Exh. C, 6-7-2011)

A developer of a housing development may qualify for a density bonus and at least one other incentive as provided by this chapter if the developer does one of the following and complies with the affordability requirements of this chapter:

1.

Agrees to construct and maintain at least twenty percent of the total units of the housing development as units affordable to low-income households; or

2.

Agrees to construct and maintain at least ten percent of the total units of the housing development as units affordable to very low-income households; or

3.

Agrees to construct and maintain a senior citizen housing development.

In determining the minimum number of density bonus units to be granted pursuant to this section for affordable housing, the maximum residential density for the site shall be multiplied by 0.25. When calculating the number of permitted density bonus units, any fractions of units shall be rounded to the next larger integer.

In determining the number of affordable units to be provided pursuant to this section, the maximum residential density shall be multiplied by 0.10 where very low-income households are targeted, or by 0.20 where lower income households are targeted. The density bonus units shall not be included when determining the total number of affordable units in the housing development. When calculating the required number of affordable units, any resulting decimal fraction shall be rounded to the next larger integer.

In cases where a density increase of less than twenty-five percent for affordable housing is requested, no reduction will be allowed in the number of affordable units required. In cases where a density increase of more than twenty-five percent for affordable housing is requested, the requested density increase, if granted, shall be considered an additional incentive, as outlined in Section 17.43.050.

In cases where the developer agrees to construct more than twenty percent of the total units for lower income households, or more than ten percent of the total units for very low-income households, the developer may be entitled to only one density bonus and an additional incentive (or an equivalent financial incentive) pursuant to Section 17.43.050 of this chapter. Similarly, a developer who agrees to construct senior citizen housing with twenty or ten percent of the units reserved for lower or very low-income persons and families, respectively, may only be entitled to one density bonus and an additional incentive. The city may, however, grant multiple additional incentives to facilitate the inclusion of more affordable units than are required by this chapter.

Further, a developer of a housing development may qualify for a density bonus and at least one other incentive, as provided by this chapter, if the developer agrees to employ architectural diversity within the subdivision and/or utilize unique subdivision design components.

In order to ensure that that the density bonus for quality housing design does not conflict with, or undermine the purpose of, the affordable/senior housing density bonus, the city will limit the density bonus for quality housing design to ten percent of the maximum base density permitted in the zone in which a residential project is proposed. If the project is proposed in a commercial zone, the density bonus will be no more than ten percent of the maximum density permitted in the R-3 zone.

(Ord. No. 771, Exh. C, 6-7-2011)

Affordable units should be constructed concurrently with market-rate units unless both the city and the developer agree within the affordable housing agreement to an alternative schedule for development.

Affordable units shall remain restricted and affordable to the designated group for a period of thirty years (or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program), under the following circumstances:

1.

Both a density bonus and an additional incentive is granted; or

2.

An equivalent financial incentive equivalent to a density bonus and an additional incentive is granted.

Affordable units shall remain restricted and affordable to the designated group for a period of ten years under the following circumstances:

1.

Only a density bonus is granted and no additional incentives are granted; or

2.

An equivalent financial incentive equivalent to only a density bonus is granted.

In determining the maximum affordable rent or affordable sales price of affordable units the following household and unit size assumptions shall be used, unless the housing development is subject to different assumptions imposed by other governmental regulations:

SRO (residential hotel unit): 0.75 person

0 bedroom (studio): 1 person

1 bedroom: 2 persons

2 bedrooms: 3 persons

3 bedrooms: 4 persons

4 bedrooms: 6 persons

Affordable units should be built onsite wherever possible and, when practical, be dispersed within the housing development. Where feasible, the number of bedrooms of the affordable units should be equivalent to the bedroom mix of the market-rate units of the housing development; except that the developer may include a higher proportion of affordable units with more bedrooms. The design and appearance of the affordable units shall be compatible with the design of the total housing development. Housing developments shall comply with all applicable development standards, except those which may be modified as provided by this chapter.

Circumstances may arise in which the public interest would be served by allowing some or all of the affordable units associated with one housing development 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 housing development for purposes of this chapter. Under these circumstances, the developer shall be subject to the same requirements of this chapter for the affordable units to be provided on the alternative site.

An affordable housing agreement shall be made a condition of the discretionary planning permits (e.g., tract maps, parcel maps, site plans, planned development or conditional use permits, etc.) for all housing developments pursuant to this chapter. The agreement shall be recorded as a restriction on the parcel or parcels on which the affordable units will be constructed. The agreement shall be consistent with Section 17.43.070.

(Ord. No. 771, Exh. C, 6-7-2011)

The city may provide a density bonus and an additional incentive, for qualified housing developments, upon the written request of a developer, unless the city makes a written finding that the additional incentive is not necessary to make the housing development economically feasible and to accommodate a density bonus.

The development incentives granted for affordable housing shall contribute significantly to the economic feasibility of providing the affordable units. Applicants seeking a waiver or modification of development or zoning standards shall show that such waivers or modifications are necessary to make the housing development economically feasible in accordance with Government Code Section 65915(e). This requirement may be satisfied by reference to applicable sections of the city's general plan.

The need for incentives will vary for different housing developments. Therefore, the allocation of additional incentives shall be determined on a case-by-case basis. The additional incentives may include, but are not limited to, any of the following:

1.

A reduction of site development standards or a modification of zoning code or architectural design requirements which exceed the minimum building standards provided in Part 2.5 (commencing with Section 18901) of Division 13 of the California Health and Safety Code.

These may include, but are not limited to, one or more of the following:

a)

Reduced minimum lot sizes and/or dimensions.

b)

Reduced minimum lot setbacks.

c)

Reduced minimum outdoor and/or private outdoor living area.

d)

Increased maximum lot coverage.

e)

Increased maximum building height and/or stories.

f)

Reduced onsite parking standards, including the number or size of spaces and garage requirements.

g)

Reduced minimum building separation requirements.

h)

Reduced street standard (e.g., reduced minimum street widths).

i)

Reduced percentage of lot area required to be set aside for landscaping.

2.

Allow the housing development to include nonresidential uses and/or allow the housing development within a nonresidential zone.

3.

Other regulatory incentives or concessions proposed by the developer or the city which result in identifiable cost reductions or avoidance.

4.

A density bonus of more than twenty-five percent.

5.

Waived, reduced, or deferred planning, plan check, construction permit, and/or development impact fees (e.g., capital facilities, park, or traffic fees).

6.

Direct financial aid (e.g., redevelopment set aside, community development block grant funding) in the form of a loan or a grant to subsidize or provide low interest financing for onsite or offsite improvements, land or construction costs.

The city may offer an equivalent financial incentive for affordable housing in lieu of granting a density bonus and an additional incentive. The value of the equivalent financial incentive shall equal at least the land cost per dwelling unit savings that would result from a density bonus and must contribute significantly to the economic feasibility of providing the affordable units pursuant to this chapter.

(Ord. No. 771, Exh. C, 6-7-2011)

An application pursuant to this chapter shall be processed concurrently with any other applications required for the housing development. Final approval or disapproval of an application, with right of appeal to the city council, shall be made by the planning commission unless direct financial assistance is requested. If direct financial assistance is requested, the planning commission shall make a recommendation to the city council, which will have the authority to make the final decision on the application.

An applicant/developer proposing a housing development pursuant to this chapter may submit a preliminary application prior to the submittal of any formal request for approval of a housing development. Applicants are encouraged to schedule a pre-application conference with the planning director or designated staff to discuss and identify potential application issues, including prospective additional incentives pursuant to Section 17.43.050. No charge will be required for the pre-application conference. A preliminary application shall include the following information:

1.

A brief description of the proposed housing development, including the total number of units, affordable units (as applicable), and density bonus units proposed.

2.

The zoning and general plan designations and assessor's parcel numbers of the project site.

3.

A vicinity map and preliminary site plan, drawn to scale, including building footprints, driveway and parking layout.

4.

If an additional incentive is requested, the application should describe why the additional incentive is necessary to provide the affordable units, in accordance with Section 17.43.050.

Within ninety days of receipt of the preliminary application the city shall provide to an applicant/developer, a letter which identifies project issues of concern, (the maximum financial assistance that the planning director can support when making a recommendation to the city council), and the procedures for compliance with this chapter.

The planning director shall inform the applicant/developer that the requested additional incentives shall be recommended for consideration with the proposed housing development, or that alternative or modified additional incentives pursuant to Section 17.43.050 shall be recommended for consideration in lieu of the requested incentives. If alternative or modified incentives are recommended by the planning director, the recommendation shall establish how the alternative or modified incentives can be expected to have an equivalent affordability effect as the requested incentives.

(Ord. No. 771, Exh. C, 6-7-2011)

Applicants/developers requesting a density bonus for affordable housing shall agree to enter into an affordable housing agreement with the city. The terms of the draft agreement shall be reviewed and revised as appropriate by the planning director, who shall formulate a recommendation to the planning commission for final approval.

Following execution of the agreement by all parties, the completed affordable housing agreement, or memorandum thereof, shall be recorded and the conditions therefrom filed and recorded on the parcel or parcels designated for the construction of affordable units. The approval and recordation shall take place prior to final map approval, or, where a map is not being processed, prior to issuance of building permits for such parcels or units. The affordable housing agreement shall be binding to all future owners and successors in interest.

The affordable housing agreement shall include at least the following:

1.

The total number of units approved for the housing development, including the number of affordable units.

2.

A description of the household income group to be accommodated by the housing development, as outlined in Section 17.43.030, and the standards for determining the corresponding affordable rent or affordable sales price and housing cost.

3.

The location, unit sizes (square feet), and number of bedrooms of affordable units.

4.

Tenure of use restrictions for affordable units of at least ten or thirty years, in accordance with Section 17.43.040 of this chapter.

5.

A schedule for completion and occupancy of affordable units.

6.

A description of the additional incentive or equivalent financial incentive being provided by the city.

7.

A description of remedies for breach of the agreement by either party (the city may identify tenants or qualified purchasers as third party beneficiaries under the agreement).

8.

Other provisions to ensure implementation and compliance with this chapter.

A.

In the case of for-sale housing developments, the affordable housing agreement shall provide for the following conditions governing the initial sale and use of affordable units during the applicable use restriction period:

1.

Affordable units shall, upon initial sale, be sold to eligible very low- or lower-income persons and families at an affordable sales price and housing cost, or to qualified residents (i.e., maintained as senior citizen housing) as defined by this chapter.

2.

Affordable units shall be initially owner-occupied by eligible very low- or lower income persons and families, or by qualified residents in the case of senior citizen housing.

3.

The initial purchaser of each affordable unit shall execute an instrument or agreement approved by the city restricting the sale of the affordable unit in accordance with this ordinance during the applicable use restriction period. Such instrument or agreement shall be recorded against the parcel containing the affordable unit and shall contain such provisions as the city may require to ensure continued compliance with this ordinance and the state density bonus law.

B.

In the case of rental housing developments, the affordable housing agreement shall provide for the following conditions governing the use of affordable units during the use restriction period:

1.

The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies, and maintaining affordable units for qualified tenants;

2.

Provisions requiring owners to verify tenant incomes and maintain books and records to demonstrate compliance with this chapter.

3.

Provisions requiring owners to submit an annual report to the city, which includes the name, address, and income of each person occupying affordable units, and which identifies the bedroom size and monthly rent or cost of each affordable unit.

(Ord. No. 771, Exh. C, 6-7-2011)