A. Concurrent Development. Affordable units shall be constructed concurrently with market-rate units unless both the City and the developer agree within the density bonus agreement to an alternative schedule for development.

B. Location and Dispersal of Units. Affordable units and density bonus units shall be built on site (within the boundary of the proposed development) and dispersed throughout the housing development subject to the review and approval of the City; notwithstanding the foregoing, the City may allow affordable units to be provided in a separate structure if it is determined that such an arrangement is necessary to secure an allocation of Low-Income Housing Tax Credits or other affordable housing financing.

C. Bedroom Unit Mix. The housing development shall include a mix of affordable units (by number of bedrooms) consistent with the unit mix of market-rate units.

D. Compliance With Development Standards and Codes. Density bonus projects shall comply with all applicable development standards, except those which may be modified as an incentive/concession or will have the effect of physically precluding the construction of a development providing the affordable units at the permitted density.

E. Design Consistency. The design and appearance of the affordable units shall be consistent or compatible with the design of the market-rate units in terms of appearance, materials, and finish quality.

F. Amenities. Residents of affordable units shall be permitted the same access to project amenities and recreational facilities as market rate units. (Ord. 3572 § 2, 2024).

A. Preliminary Application. A developer proposing a density bonus project pursuant to state density bonus law may submit a preliminary application prior to the submittal of any formal request for approval. Developers are encouraged to schedule a preapplication conference with designated staff of the Development Services Department and Housing and Homeless Services Department to discuss and identify potential application issues, including prospective incentives or concessions.

B. Application. The developer shall submit a density bonus application, which will be treated as a part of any other required development application, which shall set forth the requested density bonus, incentives, concessions, waivers and/or reductions of development standards. The proposed housing development may require other project development applications (e.g., tentative map, parcel map, design review, conditional use permits). Under such circumstances, the density bonus application shall be processed concurrently.

C. Approval of an Application. When a project involves a request for a density bonus, incentives, concessions, waivers or reductions of development standards, the decision-making body shall make a written finding that the project is consistent with the provisions of this chapter, as part of the approval of the development applications. The approval shall take place prior to final map approval, if applicable. If no additional development applications are required, the application shall be approved prior to the execution of the density bonus agreement. The granting of an incentive, concession, waiver, or reduction of development standards shall not, in and of itself, require a General Plan, local coastal plan, or zoning amendment or any other discretionary approval.

D. Denial of Application. In rejecting such development applications, the decision-making body shall make written findings in compliance with Government Code Section 65589.5(b) and based upon substantial evidence in the record. (Ord. 3572 § 2, 2024).

A. Execution of Agreement. Housing developments obtaining a density bonus shall execute a density bonus agreement with the City.

B. Recordation. Following execution of the density bonus agreement by all parties, the completed density bonus agreement shall be recorded against the housing development senior to all monetary liens. Recordation shall occur concurrently with the final map recordation, or where a map is not being processed, prior to issuance of building permits for such parcels or units. The density bonus agreement shall be binding on all future owners and successors in interest to the housing development.

C. Provisions. The following terms are required in the density bonus agreement:

D. Inclusionary Housing Agreement. Projects that require both an inclusionary housing agreement and density bonus agreement may be combined into one single housing regulatory agreement. (Ord. 3572 § 2, 2024).

A. If any provision of this chapter or the application thereof to any person or circumstances is held invalid by a court of competent jurisdiction, the remainder of the chapter and the application of the provision to other persons not similarly situated or to other circumstances shall not be affected thereby.

B. Should any conflict exist between this chapter and any other land use ordinance, regulation, resolution, policy or prior decision of the City, this chapter shall control all applicable land use applications which do not have final approval on the effective date of this chapter. (Ord. 3572 § 2, 2024).