Calimesa City Zoning Code
CHAPTER 18
125 RESIDENTIAL DENSITY BONUS PROVISIONS
§ 18.125.010 Purpose and intent.
The purpose of this chapter is to provide incentives for the production of housing for very low-income, low-income, moderate-income, and senior households in accordance with California Government Code Sections 65915 through 65918, as amended from time to time (“State Density Bonus Law”). In enacting this chapter, it is the city’s intent to facilitate the development of affordable housing and to implement the goals, objectives, and policies of the city’s general plan housing element.
(Ord. 305 § 3, 2010; Ord. 342 § 3 (Exh. A), 2016)
§ 18.125.020 Definitions.
Whenever the following terms are used in this chapter, they shall have the meanings established by this section.
A.
“Affordable rent”
means monthly housing expenses, including a reasonable allowance for utilities, for rental target units reserved for very low-, low-, or moderate-income households, not exceeding the following calculations:
1.
Very Low-Income. Unless otherwise provided by law, the product of 30 percent times 50 percent of the area median income adjusted for family size appropriate for the unit, divided by 12.
2.
Low-Income. Unless otherwise provided by law, the product of 30 percent times 60 percent of the area median income adjusted for family size appropriate for the unit, divided by 12.
3.
Moderate-Income. Unless otherwise provided by law, the product of 30 percent times 110 percent of the area median income adjusted for family size appropriate for the unit, divided by 12.
B.
“Affordable sales price”
means a sales price at which very low-, low-, or moderate-income households can qualify for the purchase of target units, calculated in accordance with California Health and Safety Code Section 50052.5 and the regulations adopted by the California Department of Housing and Community Development pursuant to that section.
C.
“Child care facility”
means a child 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.
D.
“Concession”
has the same meaning as the term “incentive” defined herein.
E.
“Density bonus”
means a density increase of up to those percentages specified in this chapter above the otherwise allowable maximum residential density.
F.
“Density bonus housing agreement”
means a legally binding agreement between a developer of a housing development and the city, which ensures that the requirements of this chapter and the State Density Bonus Law are satisfied. The agreement shall establish, among other things, the number of target units, their size, location, terms and conditions of affordability, and production schedule.
G.
“Density bonus units”
means those residential units granted pursuant to the provisions of this chapter that exceed the maximum residential density for the development site.
H.
“Housing cost”
means the sum of actual or projected monthly payments for all of the following associated with for-sale target 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, homeowners’ association fees, and a reasonable allowance for utilities.
I.
“Housing development”
means a construction project consisting of five or more residential units or lots, including single-family and multifamily, and otherwise defined in accordance with Government Code Section 65915(i).
J.
“Incentive”
means a regulatory incentive or concession as defined in Government Code Section 65915(k) that may include but not be limited to the reduction of site development standards or a modification of zoning code requirements, approval of mixed use zoning in conjunction with the housing development, or any other regulatory incentive which would result in identifiable cost avoidance or reductions, that are offered in addition to a density bonus.
K.
“Low-income household” or “lower-income household”
means a household whose income does not exceed the lower-income limits applicable to Riverside County, as published and periodically updated by the California Department of Housing and Community Development pursuant to Health and Safety Code Section 50079.5.
L.
“Maximum residential density”
means the maximum number of residential units permitted by the city’s general plan land use element and development code, applicable to the subject property at the time an application for the construction of a housing development is deemed complete by the city, excluding the additional density bonus units permitted by this chapter. If a range of density is permitted by either the land use element or the development code, maximum residential density shall mean the maximum allowable density within the range of density. If the land use element and the development code conflict, the density set forth in the land use element shall govern.
M.
“Moderate-income household”
means a household whose income does not exceed the moderate-income limits applicable to Riverside County, as published and periodically updated by the California Department of Housing and Community Development pursuant to Health and Safety Code Section 50093.
N.
“Nonrestricted units”
means all units within a housing development excluding the target units.
O.
“Senior citizen housing” or “senior housing development”
means a senior citizen housing development, as defined in Sections 51.3 and 51.12 of the Civil Code, or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code.
P.
“Target unit”
means a dwelling unit within a housing development which will be reserved for sale or rent to, and affordable to, very low-, low-, or moderate-income households.
Q.
“Total units” or “total dwelling units”
means the total number of units in a housing development, not including units added by a density bonus awarded pursuant to this chapter.
R.
“Very low-income household”
means a household whose income does not exceed the very low-income limits applicable to Riverside County, as published and periodically updated by the California Department of Housing and Community Development pursuant to Health and Safety Code Section 50105.
(Ord. 305 § 3, 2010; Ord. 342 § 3 (Exh. A), 2016; Ord. 379 § 8, 2021)
§ 18.125.030 Implementation.
A.
Applicability.
1.
This chapter shall apply to all zoning districts within the city that allow residential use.
2.
The bonus granted pursuant to this chapter shall apply only to residential projects or residential components of mixed use projects, not including units granted as a density bonus.
3.
The proposed project shall have all of the following characteristics in order to qualify for a density bonus:
a.
The residential development must include a minimum of five dwelling units.
b.
The applicant seeks and agrees to provide housing units to very low-, lower- or moderate-income households or senior citizens at rates consistent with those specified in subsections (B) and (C) of this section and the State Density Bonus Law.
c.
The resulting density is beyond that permitted by the applicable zoning district.
d.
The applicant agrees to retain the affordable status of housing units in accordance with this chapter.
4.
An applicant shall be ineligible for a density bonus and any incentives or concessions under this chapter if ineligible or disqualified under any provision of state law, including but not limited to, Government Code Section 65195(c)(3) or as amended from time to time.
B.
Target Units. The city shall grant a density bonus and incentives, pursuant to this subsection and subsections (C) and (D) of this section, to an applicant who agrees to provide the following target units and who meets the other requirements of this chapter:
1.
Lower-Income Units. Designate at least 10 percent of the total units of a housing development, or such other percentage provided by law, as target units affordable to low-income households;
2.
Very Low-Income Units. Designate at least five percent of the total units of a housing development, or such other percentage provided by law, as target units affordable to very low-income households;
3.
Moderate-Income Units for Common Interest Developments. Designate at least 10 percent of the total units of a common interest development (including a condominium project), as defined in Civil Code Section 1351(f), planned development, as defined in Civil Code Section 1351(k), or other common interest development as defined in the State Density Bonus Law, or such other percentage provided by law, as target units affordable to moderate-income households; or
4.
Any senior housing development.
C.
Density Bonus. In determining the number of density bonus units to be granted pursuant to this section, the maximum allowable residential density for the site shall be computed in accordance with the following provisions. The amount of density bonus to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the percentage established in subsection (B) of this section:
1.
Low-Income Household. The maximum allowable residential density for the site shall be increased by 20 percent; provided, however, that for each one percent increase above 10 percent in the percentage of units made affordable to low-income households, the density bonus shall be increased by 1.5 percent up to a maximum of 35 percent.
2.
Very Low-Income Household. The maximum allowable residential density for the site shall be increased by 20 percent; provided, however, that for each one percent increase above five percent in the percentage of units made affordable to very low-income households, the density bonus shall be increased by 2.5 percent up to a maximum of 35 percent.
3.
Moderate-Income Common Interest Development. The maximum allowable residential density for the site shall be increased by five percent; provided, however, that for each one percent increase above 10 percent of the percentage of units made affordable to moderate-income house-holds, the density bonus shall be increased by one percent up to a maximum of 35 percent.
4.
Senior Housing Development. The maximum allowable residential density for the site shall be increased by 20 percent.
5.
Certain Donations of Land. When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to the city that satisfies the requirements of Government Code Section 65915(g) and complies with all procedural requirements of that subsection, including recordation of a deed restriction, the maximum allowable residential density for the site shall be increased by 15 percent based on the percentage of very low-income units; provided, however, that for each one percent increase above the minimum percentage of land required to be donated pursuant to Government Code Section 65915(g), the density bonus shall be increased by one percent up to a maximum of 35 percent. This increase shall be in addition to any increase required by subsections (B)(1) through (B)(4) of this section, up to a maximum combined density increase of 35 percent, if an applicant seeks both the increase required by this subsection (C)(5) and by subsections (C)(1) through (4) of this section.
D.
Number of Incentives. In addition to the density bonus described in this chapter, the applicant shall receive the following number of incentives or concessions:
1.
One incentive shall be provided to a developer who agrees to construct at least 10 percent of the total units for low-income households, five percent of the total units for very low-income households, or 10 percent of units in a condominium for moderate-income households.
2.
Two incentives shall be provided to a developer who agrees to construct at least 20 percent of the total units for low-income households, 10 percent of the total units for very low-income households, or 20 percent of units in a condominium for moderate-income households.
3.
Three incentives shall be provided to a developer who agrees to construct at least 30 percent of the total units for low-income households, 15 percent of the total units for very low-income households, or 30 percent of units in a condominium for moderate-income households. In cases where a density increase of more than the amount specified in subsection (B) of this section is requested, the density increase, if granted, shall be considered an additional incentive.
4.
In cases where the developer agrees to construct a housing development that qualifies for a density bonus pursuant to subsection (A) of this section, and that includes a child care facility as defined in Government Code Section 65915(h)(4), the developer shall be entitled to either an additional density bonus that is an amount of square feet of residential space equal to or greater than the amount of square feet in the childcare facility, or an additional incentive described in CMC § 18.125.040, Types of incentives allowed, that contributes significantly to the economic feasibility of the construction of the childcare facility. Any such child care facility shall comply with the following:
a.
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.
b.
Of the children who attend the child care facility, the children of very low-income households, low-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 house-holds, lower-income households, or families of moderate income, pursuant to this chapter.
c.
Notwithstanding the foregoing, the city shall not be required to provide a density bonus or incentive for a child care facility when it is found, based on substantial evidence, that the community has adequate child care facilities.
E.
General Provisions. The following general requirements apply to the application and determination of all density bonuses and incentives.
1.
Rounding. All density calculations resulting in fractional units shall be rounded up to the next whole number. When calculating the required number of target units, any resulting fraction of units shall be deleted.
2.
Relation to General Plan, Zoning. The granting of a density bonus, or a concession or incentive, shall not be interpreted, in and of itself, to require a general plan amendment, zoning change (rezone), or other discretionary approval.
3.
Density Bonus Excluded in Calculation. The units permitted by the density bonus awarded under this chapter shall not be included when calculating the total number of housing units that qualifies the housing development for a density bonus.
4.
Multiple Zoning Districts. If the site of a development proposal is located in two or more zone districts, the number of dwelling units permitted in the development is the sum of the dwelling units permitted in each of the zone districts based on the site acreage within each zone district. The permitted number of dwelling units may be distributed within the development without regard to the zone boundaries.
5.
City Authority. Nothing in this chapter shall be construed to enlarge or diminish the authority of the city to require a developer to donate land as a condition of development.
F.
Waivers or Modifications. In addition to any density bonus or incentives provided, an applicant may seek a waiver or modification of development standards that would physically preclude the construction of a housing development at the densities or with the incentives permitted by this chapter. The applicant may request a meeting with city staff to discuss the applicant’s proposal for reduced development standards. The city may deny a request for waiver or modification only if the written findings in CMC § 18.125.070(D) have been made. Except as provided in this section, the granting of a density bonus shall not be interpreted to require the waiver of any ordinances or provisions of any ordinance of the city unrelated to development standards.
(Ord. 305 § 3, 2010; Ord. 342 § 3 (Exh. A), 2016)
§ 18.125.040 Types of incentives allowed.
A.
Incentives. If requested by the applicant, a qualifying project shall be entitled to the following incentives, the number of which shall be determined pursuant to CMC § 18.125.030(D), unless the city makes the written findings required by Government Code Section 65915(d)(1):
1.
Types of Incentives. Incentives may include but are not limited to any of the following:
a.
A reduction in site development standards or a modification of the requirements of this zoning code which exceed the minimum building standards provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code that results in identifiable, financially sufficient, and actual cost reductions. These may include, but are not limited to, one or more of the following:
i.
Reduced minimum lot sizes and/or dimensions, as originally specified in CMC § 18.20.040, Table 18.20.040;
ii.
Reduced minimum setbacks, as originally specified in CMC § 18.20.040, Table 18.20.040;
iii.
Reduced minimum outdoor and/or private outdoor open space, as originally required by CMC § 18.20.050(J);
iv.
Increased maximum lot coverage, as originally required by CMC § 18.20.040, Table 18.20.040;
v.
Increased maximum building height, as originally required by CMC § 18.20.040, Table 18.20.040;
vi.
Reduced on-site parking standards, as originally required by CMC § 18.45.060, and consistent with Government Code Section 65915(p)(1);
vii.
Other site or construction conditions applicable to a residential development;
viii.
Reduction in storage requirements as specified in CMC § 18.20.050(J)(5);
ix.
Reduction in the amount of amenities that may be required per CMC § 18.20.050(I).
b.
Mixed use zoning to allow the housing development to include nonresidential uses and/or allow the housing development in a nonresidential zone. Approval of mixed use activities in conjunction with the housing development if other land uses will reduce the cost of the housing development, and the other land uses are compatible with the housing development and the existing or planned development in the area, and are consistent with the general plan.
c.
Another regulatory incentive or concession proposed by the applicant and agreed to by the city that results in identifiable, financially sufficient, and actual cost reductions. Permissible incentives include but are not limited to direct financial aid (e.g., community development block grant (CDBG) funding) in the form of a loan or a grant to subsidize or provide low interest financing for on- or off-site improvements, land, or construction costs.
d.
A density bonus of no more than 35 percent.
e.
A reduction or deferment of plan check, construction permit, and/or development impact fees (TUMPF and MSHC, where applicable, are not eligible, but may have their own reductions or deferrals).
2.
Requirements.
a.
Economic Feasibility. Any development incentive granted shall contribute to the economic feasibility of providing the target units.
(Ord. 305 § 3, 2010; Ord. 342 § 3 (Exh. A), 2016)
§ 18.125.050 Requirements for density bonus projects.
A.
The entry into and execution of the density bonus housing agreement shall be a condition of a discretionary planning permit (e.g., tract maps, parcel maps, site plans, planned development, or conditional use permits) or a ministerial building permit for a housing development proposed pursuant to this chapter. The agreement shall be recorded at the applicant’s cost as a restriction running with the land on the parcel or parcels on which the target units will be constructed.
B.
All very low- and low-income rental units that qualified the applicant for the award of the density bonus shall remain restricted and be offered at affordable rents to the designated group for a period of 55 years from issuance of the certificate of occupancy (or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program), or otherwise as provided by law.
C.
The initial occupant of all for-sale units that qualified the applicant for the award of the density bonus shall be persons and families of very low, low, or moderate income, as required, and the units shall be offered at an affordable housing cost, as defined in Health and Safety Code Section 50052.5, or as amended from time to time. The subsequent occupants of such units shall meet the requirements of the density bonus housing agreement as described in CMC § 18.125.080.
D.
In determining the maximum affordable rent or affordable sales price of target 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 (single-room occupancy) unit | 1 person |
Studio | 1 person |
1 bedroom | 2 persons |
2 bedroom | 3 persons |
3 bedroom | 4 persons |
4 bedroom | 6 persons |
E.
An applicant shall agree that the initial occupants of the moderate-income units in the condominium project are persons and families of moderate income, as defined in Health and Safety Code Section 50093.
F.
The applicant and the city shall enter into an equity sharing agreement, unless it is in conflict with the requirements of another public funding source or law. The equity sharing agreement shall provide that the seller and the city shall share in the equity as follows:
1.
Upon resale of a very low-, low- or moderate-income unit, the seller of the unit shall retain the value of any improvements, the down payment, and the seller’s proportionate share of appreciation.
2.
The city shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within five years for any of the purposes described in Health and Safety Code Section 33334.2(e) that promote homeownership.
3.
For purposes of this subsection, the city’s proportionate share of appreciation shall be equal to the ratio of the city’s initial subsidy to the fair market value of the home at the time of initial sale.
4.
For purposes of this subsection, the city’s initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the moderate-income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, the value at the time of resale shall be used as the initial market value.
G.
All for-sale target units shall be occupied by their purchasers; no renting or subleasing shall be permitted.
H.
The owner of a rental development shall submit, annually and within 30 days of occupancy of a target rental unit, a certificate of compliance, which shall include the name, address, and income of each tenant occupying the target unit.
I.
The owner of a rental development shall maintain and keep on file annual sworn and notarized income statements and current tax returns for all tenants occupying the target rental units.
J.
The owner of a rental development shall provide to the city any additional information required by the city to ensure the long-term affordability of the target units by eligible households.
K.
The city shall have the right to inspect the owner’s project-related records at any reasonable time and shall be entitled to audit the owner’s records once a year.
L.
The city may establish fees associated with the setting up and monitoring of target units.
(Ord. 305 § 3, 2010; Ord. 342 § 3 (Exh. A), 2016)
§ 18.125.060 Development standards.
A.
Target units shall be constructed concurrently with nonrestricted units unless both the city and the applicant agree within the density bonus housing agreement to an alternative schedule for development.
B.
Target units shall be built on site wherever possible and, when practical, be dispersed within the housing development. Where feasible, the number of bedrooms of the target units shall be equivalent to the bedroom mix of the nonrestricted units of the housing development, except that the developer may include a higher proportion of target units with more bedrooms. The design and appearance of the target units shall be compatible with the design of the total housing development. All housing developments shall comply with all applicable development standards, except those standards that may be modified as provided by this chapter. Deviations from these provisions may only be permitted as part of an approved density bonus housing agreement.
C.
Circumstances may arise in which the public interest would be served by allowing some or all of the target units associated with one housing development to be produced and operated at an alternative development site. Where the applicant and the city form an agreement, the resulting linked developments shall be considered a single housing development for purposes of this chapter. Under these circumstances, the applicant shall be subject to the same requirements of this chapter for the target units to be provided on the alternative site.
(Ord. 305 § 3, 2010; Ord. 342 § 3 (Exh. A), 2016)
§ 18.125.070 Processing of density bonus requests.
An application for a density bonus pursuant to this chapter shall be processed concurrent with the application for a housing development. An application for a housing development shall not be determined “complete” for purposes of Government Code Section 65920 et seq. unless and until the city council has given preliminary approval of the form and content of a density bonus housing agreement which complies with the provisions of this chapter. The process for obtaining preliminary approval of the density bonus shall be as follows:
A.
Filing. An applicant proposing a housing development pursuant to this chapter shall submit an application for a density bonus as part of the submittal of any formal request for approval of a housing development. The application, whether a preapplication or a formal application, shall be filed in a manner consistent with the requirements contained in CMC § 18.15.020, Application.
B.
Review of Density Bonus Request.
1.
Except as otherwise provided with regard to a preliminary proposal for a condominium conversion project under state law, within 30 days after receipt of a complete application for a density bonus and a housing development, the city shall provide to an applicant a letter which identifies project issues of concern and the procedures for compliance with this chapter.
2.
If additional incentives are requested, the planning director shall inform the applicant that the requested additional incentives shall or shall not be recommended for consideration with the proposed housing development, or that alternative or modified incentives shall be recommended for consideration in lieu of the requested incentives. If the planning director recommends alternative or modified incentives, the recommendation shall establish how the alternative or modified incentives can be expected to have an equivalent affordability effect as the requested incentives.
C.
Approval.
1.
The city shall approve a density bonus and requested incentives in conjunction with a discretionary planning permit or ministerial building permit for a housing development, if the application complies with the provisions of this chapter. The execution and recordation of the density bonus housing agreement shall be a condition of approval of the discretionary planning permit or ministerial building permit.
D.
Denial. The city may deny the requested concession or incentives if it makes a written finding of any of the following, based on substantial evidence:
1.
The concession or incentive is not required in order to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specific in subdivision (c) of Government Code Section 65915.
2.
The concession of incentive would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of 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.
3.
The concession or incentive would be contrary to state or federal law.
4.
The applicant’s project is deemed ineligible for an incentive or concession by operation of CMC §§ 18.125.030, 18.125.060 or 18.125.070 or any provision of state law.
(Ord. 305 § 3, 2010; Ord. 342 § 3 (Exh. A), 2016)
§ 18.125.080 Density bonus housing agreement.
A.
The terms of the draft density bonus housing agreement (the “agreement”) shall be reviewed and revised as appropriate by the planning director and the city attorney, who shall formulate a recommendation to the planning commission for review and the city council for final approval.
B.
Following execution of the agreement by the applicant and the city, the completed agreement, or memorandum thereof, shall be recorded. The conditions contained in the agreement shall be filed and recorded on the parcel or parcels designated for the construction of target units as a condition of final map approval, or, where a map is not being processed, prior to issuance of building permits for such parcels or units. The agreement shall be binding upon all future owners and successors in interest for this property, which is the subject of the housing development application.
C.
At a minimum, the agreement shall include the following:
1.
The total number of units proposed within the housing development, including the number of target units.
2.
A description of the household income group (very low-, low- or moderate-income) to be accommodated by the housing development, 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 target units.
4.
Provisions to ensure the continued affordability of all very low- and low-income rental units that qualified the applicant for the award of the density bonus including but not limited to tenure of use restrictions for target units of at least 55 years from issuance of the certificate of occupancy (or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program), or otherwise as provided by law.
5.
A schedule for completion and occupancy of target units.
6.
A description of any additional incentive being provided by the city.
7.
All equity sharing provisions to implement the requirements of CMC § 18.125.050.
8.
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).
9.
Other provisions to ensure implementation and compliance with this chapter.
D.
In the case of for-sale housing developments, the agreement shall provide for the following conditions governing the initial sale and use of target units during the applicable use restriction period:
1.
Target units shall, upon initial sale, be sold to and occupied by eligible very low-, low-, or, in the case of a condominium or other common interest development, moderate-income households at an affordable sales price and housing cost, or to qualified senior citizen residents (i.e., maintained as senior citizen housing). This includes the requirement that the initial occupants of all for-sale units that qualified the applicant for the award of the density bonus shall be persons and families of very low, low, or moderate income, as required, and that the units are awarded at an affordable housing cost, as defined in Health and Safety Code Section 50052.5.
2.
The initial purchaser of each target unit shall execute a lien, an instrument, or an agreement, approved by the city attorney, restricting the sale of the target unit in accordance with this chapter during the applicable use restriction period. Such lien, instrument, or agreement shall be recorded against the parcel containing the target unit and shall contain provisions as the city may require to ensure continued compliance with this chapter and the State Density Bonus Law.
E.
In the case of rental housing developments, the agreement shall provide for the following conditions governing the use of target units during the use restriction period:
1.
Provisions to ensure the continued affordability of all very low- and low-income rental units that qualified the applicant for the award of the density bonus, including the requirement that rents for the lower-income density bonus units shall be set at an affordable rent as defined in Health and Safety Code Section 50053.
2.
The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies, and the proper management and maintenance of target units for qualified tenants.
3.
Provisions requiring owners to verify tenant incomes and maintain books and records to demonstrate compliance with this chapter.
4.
Provisions requiring owners to submit an annual report to the city, which includes the name, address, and income of each person occupying target units, and which identifies the bedroom size and monthly rent or cost of each target unit.
(Ord. 305 § 3, 2010; Ord. 342 § 3 (Exh. A), 2016)
§ 18.125.090 Changes in State Density Bonus Laws.
It is the intent of the city council that the provisions of this chapter shall be interpreted so as to fulfill the requirements of Government Code Section 65915 et seq., including any changes in the State Density Bonus Law or any other provisions of state laws that revise percentages, numerical thresholds, and/or other standards applicable to the granting of density bonuses or related incentives that may occur after the effective date of the ordinance codified in this chapter. Accordingly, it is the further intent of the city council that any such changed percentages, numerical thresholds, or other standards shall be deemed to supersede and govern any conflicting percentages, numerical thresholds, or other standards contained in this chapter, to the maximum extent permitted by law.
(Ord. 305 § 3, 2010; Ord. 342 § 3 (Exh. A), 2016)
