The City of Colusa encourages the development of residential development that offers a percentage of its units at an affordable level. A density bonus is available to applicants who meet certain criteria as set by the California Government Code, Sections 65915—65918, as they may be amended from time to time, or the current equivalent. This section is intended to implement the requirements of Government Code Section 65915 et seq. and the Housing Element of the General Plan.

(Ord. No. 505, § 29, 10-21-2014)

Pursuant to Government Code Sections 65915 and 65917, the city shall grant to a developer of a qualifying housing development who seeks a density bonus ("developer") either i) a density bonus or ii) a density bonus with an additional incentive(s) as set forth in this article. A density bonus housing agreement shall be made a condition of any density bonus approved pursuant to this section, and may be prepared as part of the development agreement ("DA") process. The agreement shall be recorded as a covenant on the parcel or parcels on which the designated affordable dwelling units will be constructed, which covenant shall run with the land.

(Ord. No. 505, § 29, 10-21-2014)

A.

Affordability Requirements. A developer entering into an agreement pursuant to Government Code Section 65915 to construct a housing development may qualify for a density bonus if the proposed housing development of five or more residential units:

1.

A minimum of five percent of the total units made available to very low income households, as defined by most recent version of the applicable sections of the California Health and Safety Code; or

2.

A minimum of ten percent of the total units made available to lower income households, as defined by most recent version of the applicable sections of the California Health and Safety Code; or

3.

A minimum of ten percent of the total units in a common interest development, made available to moderate income households, as defined by most recent version of the applicable sections of the California Health and Safety Code, provided that all units in the development are offered to the public for purchase; or

4.

A senior housing development or senior-restricted mobile home parks, as defined by the most recent version of the applicable sections of the California Civil Code.

Government Code Section 65915.5 shall govern the availability of bonus incentives for projects which convert apartments to condominium projects which include at least thirty-three (33%) percent of the total units of the proposed condominium project to persons and families of low or moderate income as defined in Section 50093 of the Health & Safety Code, or fifteen (15%) percent of the total units to lower income households as defined in Section 50079.5 of the Health and Safety Code.

B.

Allowed Density Bonus. For purposes of calculating the density bonus, below, the developer shall select which qualifying subsection of subsection (A) under which he/she wishes the bonus to be awarded. Qualifying developments are eligible for a density bonus and one or more additional incentives or concessions as follows:

1.

Lower income households. A housing development eligible for a bonus in compliance with criteria of subsection (A)(1) (ten (10%) percent of lower income households) shall be entitled to a density bonus calculated pursuant to Government Code Section 65915(f)(1).

2.

Very low income households. A housing development eligible for a bonus in compliance with criteria of subsection (A)(2) (five (5%) percent of very low income households) shall be entitled to a density bonus calculated pursuant to Government Code Section 65915(f)(2).

3.

Senior citizen development. A housing development eligible for a bonus in compliance with criteria of subsection (A)(3) (senior citizen development or mobile home park) shall be entitled to a density bonus calculated pursuant to Government Code Section 65915(f)(3).

4.

Common interest development. A housing development eligible in compliance with criteria of subsection (A)(4) (ten (10%) percent for moderate income households) shall be entitled to a density bonus calculated pursuant to Government Code Section 65915(f)(4).

5.

Density Bonus for Land Donation. When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to the city, the applicant shall be entitled to a fifteen (15%) percent increase above the otherwise maximum allowable residential development under the applicable zoning ordinance and general plan, as permitted by Government Code 65915(h)(1). This increase shall be in addition to any other density bonus. The applicant shall meet the standards in Government Code Section 65915(g) in order to qualify for the additional development.

6.

Density bonus for housing with child care facilities. The city shall grant a housing development that includes a child care facility in compliance with Government Code Section 65915 additional density bonus or incentives as provided for in Government Code Section 65915(g).

C.

Development Standards.

1.

Designated affordable units shall be reasonably dispersed throughout the project where feasible, shall contain on average the same number of bedrooms as the non-designated units in the project, and shall be compatible with the design or use of remaining units in terms of appearance, materials, and finished quality.

2.

If a project is to be phased, the density bonus units shall be phased in the same proportion as the nondensity bonus units, or phased in another sequence acceptable to the city.

3.

Circumstances may arise in which the public interest would be served by allowing some or all of the designated affordable units to be produced or operated at an alternative site.

D.

Inclusionary Housing. At the time of adoption of this density bonus ordinance, the city does not have an inclusionary housing policy in place. However, if an inclusionary housing policy is adopted, designated affordable units shall not count towards the requirements of the city's inclusionary housing requirements.

(Ord. No. 505, § 29, 10-21-2014)

A.

Applicant Request and City Approval. An applicant for a density bonus may submit to the city a proposal for the specific incentives or concessions listed that the applicant requests, and may request a meeting with the city planner prior to submitting the development application. The council shall grant an incentive or concession request that complies with the requirements of this section and state law, unless the council makes in writing, based on substantial evidence, the findings established in Government Code Sections 65195(d)(1)(A), 65195(d)(1)(B), or 65195(d)(1)(C).

B.

Number of Incentives. The applicant shall receive other concessions or incentives, as listed in subsection C of this section, which significantly contribute to the economic feasibility of construction of the qualifying development project. The number of concessions or incentives will be determined by Govt. Code Section 65915(d)(2).

C.

Types of Incentives. For the purposes of this section, bonus concessions or incentives which the city may provide include, but are not limited to, any of the following, as established in Government Code Sections 65915(l):

1.

A reduction in site development standards or a modification of zoning code requirements of architectural design requirements that exceed the minimum State of California Building Standards pursuant to California Government Code Section 65915(k);

2.

A modification of zoning ordinance requirements or design standards that result in identifiable financially sufficient and actual cost reductions that exceed minimum State of California Building Standards pursuant to California Government Code Section 65915(k), including but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required;

3.

Approval of mixed-use zoning in conjunction with the housing project, if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project; and

4.

Any other incentive or concession proposed by the developer or the city that results in an identifiable, financially sufficient, and actual cost reductions.

(Ord. No. 505, § 29, 10-21-2014)

A.

Permit Requirement. A request for a density bonus and other incentives and concessions shall be evaluated and decided through the permit process in as though a planned unit development provided, the decision of the commission on a use permit application shall be a recommendation to the council, and the density bonus and other incentives and concessions shall be approved by the council.

B.

Findings for Approval. The approval of a density bonus and other incentives and concessions shall require that the review authority first make all of the following additional findings:

1.

The residential development will be consistent with the General Plan;

2.

The approved number of dwellings can be accommodated by existing and planned infrastructure capacities;

3.

Adequate evidence exists to indicate that the project will provide affordable housing in a manner consistent with the purpose and intent of this chapter; and

4.

There are sufficient provisions to guarantee that the units will remain affordable for the required time period.

(Ord. No. 505, § 29, 10-21-2014)

A.

Agreement Required and Provisions. An applicant requesting a density bonus agreement shall agree to enter into a recordable density bonus agreement ("agreement") with the city in a form approved by the city attorney. The executed agreement shall be recorded on the parcel or parcels designated for the construction of the designated 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.

B.

Project Information. The agreement shall include at least the following information about the project:

1.

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

2.

A description of the household income group to be accommodated by the housing development, and the standards and methodology for determining the corresponding affordable rent or affordable sales price and housing cost consistent with U.S. Department of Housing and Urban Development ("HUD") Guidelines;

3.

The marketing plan for the affordable units;

4.

The location, unit sizes (square feet), and number of bedrooms of the designated affordable dwelling units;

5.

Tenure of the use restrictions for designated affordable dwelling units of the time periods required by this section and Government Code Section 65915;

6.

A schedule for completion and occupancy of the designated affordable dwelling units;

7.

A description of the additional incentives being provided by the city;

8.

A description of the remedies for breach of the agreement by the owners, developers, and/or successors-in-interest of the project; and

9.

Other provisions to ensure successful implementation and compliance with this Section and Government Code Section 65915.

C.

Minimum Requirements. The agreement shall provide, at a minimum, that:

1.

The developer shall give the city the continuing right-of-first-refusal to lease or purchase any or all of the designated affordable dwelling units at the appraised value;

2.

The deeds to the designated affordable dwelling units shall contain a covenant stating that the developer or successors-in-interest shall not assign, lease, rent, sell, sublet, or otherwise transfer any interests for designated affordable dwelling units without the written approval of the city;

3.

When providing the written approval, the city shall confirm that the price (rent or sale) of the designated affordable dwelling unit is consistent with the limits established for low and very low income households, as published by HUD;

4.

The city shall have the authority to enter into other agreements with the developer, or purchasers of the designated affordable dwelling units, to ensure that the required dwelling units are continuously occupied by eligible households;

5.

Applicable deed restrictions, in a form satisfactory to the city attorney, shall contain provisions for the enforcement of owner or developer compliance. Any default or failure to comply may result in foreclosure, specific performance, or withdrawal of the certificate of occupancy;

6.

In any action taken to enforce compliance with deed restrictions, the city attorney shall, if compliance is ordered by a court of competent jurisdiction, take all action that may be allowed by law to recover all of the city's costs of action including legal services; and

7.

Compliance with the agreement will be monitored and enforced in compliance with the measures included in the agreement.

8.

The designated affordable dwelling units that qualified the housing development for a density bonus and other incentive s and concessions shall continue to be available as affordable units in compliance with the requirements of Government Code Section 65915(c).

D.

For-Sale Housing Conditions. In the case of for-sale housing developments, the agreement shall provide for the following conditions governing the initial sale and use of designated affordable dwelling units during the applicable restriction period:

1.

A requirement that designated affordable dwelling units shall be owner-occupied by eligible households, or by qualified residents in the case of senior housing; and

2.

Provisions as the city may require to ensure continued compliance with this section and state law;

3.

Terms for future sales and recapture of any equity to ensure continued affordability for the requisite time period, as prescribed by Government Code Section 65915(c).

E.

Rental Housing Conditions. In the case of rental housing development, the agreement shall provide for the following conditions governing the use of designated affordable dwelling units during the restriction period:

1.

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

2.

Provisions requiring owners to annually verify tenant incomes and maintain books and records to demonstrate compliance with this section;

3.

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

4.

The applicable use restriction shall comply with the time limits for continued availability in compliance with this section.

F.

Execution of Agreement.

1.

Following Council approval of the agreement, and execution of the agreement by all parties, the city shall record the completed agreement on the parcels designated for the construction of designated affordable dwelling units, at the county recorder's office.

2.

The approval and recordation shall take place at the same time as the final map or, where a map is not being processed, before issuance of building permits for the designated dwelling units.

3.

The agreement shall be binding on all future owners, developers, and/or successors-in-interest.

(Ord. No. 505, § 29, 10-21-2014)