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Bell City Zoning Code

CHAPTER 17

62 RESIDENTIAL DENSITY BONUS

§ 17.62.010 Compliance with state law.

When an applicant seeks a density bonus, incentive, or concession for a housing development, the City will comply with the requirements of Government Code sections 6591565918, as may be amended.
(Ord. 1266 § 10, 2020)

§ 17.62.020 Definitions.

The following definitions shall apply to this chapter:
"Department"
means the Community Development Department.
"Qualifying units"
means the units that allow an applicant to qualify for a density bonus, incentive, or concession.
(Ord. 1266 § 10, 2020)

§ 17.62.030 Application and review.

A. 
Application. A developer seeking a density bonus, incentive, or concession shall file an application with the department. The form and content of the application shall be as specified by the director and shall be subject to a fee established by resolution of the city council. The department will process the application concurrently with any other applications required for the housing development. The department will provide a list of all documents and information required to be submitted with the density bonus application in order for the density bonus application to be deemed complete, and will notify the applicant whether the application is complete in a manner consistent with the timelines in Government Code Section 65943.
B. 
Supporting Documentation. An applicant for a density bonus, incentive, or concession shall provide the city with sufficient documentation to establish eligibility for the requested density bonus, incentive, or concession, as determined by the director.
C. 
Hearing Process. Applications for a density bonus, incentive, or concession will considered by the planning commission.
(Ord. 1266 § 10, 2020)

§ 17.62.040 Density bonus agreement.

As a condition for the approval of a density bonus and additional incentive or incentives pursuant to this chapter, the applicant shall agree to enter into a density bonus agreement with the city in a form approved by the city attorney and consistent with the requirements of Government Code Section 65915 and other applicable state law. The city manager is authorized to execute the density bonus agreement on behalf of the city. The executed density bonus agreement shall be recorded on the parcel or parcels designated for the construction of qualifying units, or donated for the purpose of constructing qualifying units. The approval and recordation shall occur prior to final map approval or, where a map is not being processed, prior to the issuance of building permits for the parcels or units. The density bonus agreement shall be binding upon all future owners and successors in interest.
(Ord. 1266 § 10, 2020)

§ 17.62.050 Standards for qualifying units.

All qualifying units shall meet the following requirements:
A. 
Concurrency. Qualifying units shall be built concurrently with all other units in the development unless the city and the applicant agree in writing to an alternative schedule for development.
B. 
Location. Qualifying units shall be built on-site wherever possible and, where practical, shall be dispersed within the housing development.
C. 
Unit Size. Where feasible, the number of bedrooms of the qualifying units shall be equivalent to the bedroom mix of the other units in the development, except that the developer may include a higher proportion of qualifying units with more bedrooms.
D. 
Design. The design and appearance of the qualifying units shall match the design of the housing development as a whole.
E. 
Linked Sites. Circumstances may arise in which the public interest would be served by allowing some or all of the qualifying units associated with one housing development to be produced and operated at an alternative development site. If the developer and the city agree in writing to allow the production and operation of qualifying units at an alternative site, the resulting linked developments shall be considered a single housing development for the purposes of this chapter.
(Ord. 1266 § 10, 2020)