Section 65915 of the California Government Code (i.e. State Density Bonus Law ) requires each local government to adopt an ordinance that specifies how the jurisdiction will comply with and effectuate applicable state law requirements. This chapter is intended to satisfy this requirement. Pursuant to state law, this chapter shall be interpreted liberally in favor of producing the maximum number of total housing units. Any ambiguities in this chapter shall be interpreted to be consistent with State Density Bonus Law.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022; Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

The provisions of this chapter apply only to multiple-family residential and mixed-use development project's consisting of five (5) or more dwelling units, not including units granted as a density bonus, unless specifically stated otherwise. The definitions found in State Density Bonus Law shall apply to the terms contained in this chapter.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022; Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

The rules and procedures for applications, records, investigations applicable to applications for a density bonus, incentives, concessions or waivers shall be as follows:

A.

Application. Applications for a density bonus (with or without concessions or waivers) shall require the approval of a director level zoning clearance.

B.

Affordability Agreement. Before the issuance of a building permit for any dwelling unit in a development for which density bonus units have been awarded or incentives or concessions have been received, the applicant shall enter into a written agreement with the city to guarantee the continued affordability of all lower income and restricted occupancy density bonus units as required by Section 65915 of the California Government Code. The agreement shall specify the number and type of reserved units and the length of time for which they must be reserved. The agreement shall run with the land, be binding upon successor(s)-in-interest, be recorded in the County Recorder's Office, and be approved as to form by the City Attorney.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022; Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

The city shall grant one density bonus, the amount of which shall be as specified in Section 17.100.050 of this chapter, and, if requested by the applicant and consistent with the applicable requirements of this chapter, incentives or concessions, as described in Section 17.100.070 of this chapter, waivers or reductions of development standards, as described Section 17.100.080 of this chapter, and parking ratios, as described in Section 17.100.090 of this chapter, when an applicant for a housing development seeks and agrees to construct a housing development, excluding any units permitted by the density bonus awarded pursuant to this chapter, that will contain at least any one of the following:

A.

Very Low Income. Five (5) percent of the total units of a housing development for rental or for-sale projects for very low income households, as defined in Section 50105 of the California Health and Safety Code.

B.

Lower Income. Ten (10) percent of the total units of a housing development for rental or for-sale projects for lower income households, as defined in Section 500079.5 of the California Health and Safety Code.

C.

Seniors. A senior citizen housing development with thirty-five (35) or more units, as defined in Sections 51.3 and 51.12 of the California Civil Code, or a mobilehome park, that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the California Civil Code.

D.

Moderate Income. Ten (10) percent of the total dwelling units in a common interest development, as defined in Section 4100 of the California Civil Code, for persons and families of moderate income, as defined in Section 50093 of the California Health and Safety Code, provided that all units in the development are offered to the public for purchase.

E.

Transitional Foster Youth/Veterans/Homeless. Ten (10) percent of the total units of a housing development for transitional foster youth, as defined in Section 66025.9 of the California Education Code, disabled veterans, as defined in Section 18541, or homeless persons, as defined in the Federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.). The units described in this subsection shall be subject to a recorded affordability restriction of fifty-five (55) years and shall be provided at the same affordability level as very low income units.

F.

Student Housing. Twenty (20) percent of the total units for lower income students in a student housing development that meets the following requirements:

1.

All units in the student housing development will be used exclusively for undergraduate, graduate, or professional students enrolled full time at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges. In order to be eligible under this subsection, the developer shall, as a condition of receiving a certificate of occupancy, provide evidence to the city that the developer has entered into an operating agreement or master lease with one or more institutions of higher education for the institution or institutions to occupy all units of the student housing development with students from that institution or institutions. An operating agreement or master lease entered into pursuant to this subsection is not violated or breached if, in any subsequent year, there are not sufficient students enrolled in an institution of higher education to fill all units in the student housing development.

2.

The applicable twenty (20) percent of the total number of units in a student housing development shall be reserved for lower income students. For purposes of this clause, "lower income students" means students who have a household income and asset level that does not exceed the level for Cal Grant A or Cal Grant B award recipients as set forth in Section 69432.7, Paragraph (1) of Subdivision (k) of the California Education Code. The eligibility of a student under this clause shall be verified by an affidavit, award letter, or letter of eligibility provided by the institution of higher education that the student is enrolled in, as described in this subsection, or by the California Student Aid Commission that the student receives or is eligible for financial aid, including an institutional grant or fee waiver, from the college or university, the California Student Aid Commission, or the federal government shall be sufficient to satisfy this subsection.

3.

The rent provided in the applicable units of the development for lower income students shall be calculated at thirty (30) percent of sixty-five (65) percent of the area median income for a single-room occupancy unit type.

4.

The development will provide priority for the applicable affordable units for very low or lower income students experiencing homelessness. A homeless service provider, as defined in Section 103577, Paragraph (3) of Subdivision (d) of the California Health and Safety Code, or institution of higher education that has knowledge of a person's homeless status may verify a person's status as homeless for purposes of this subsection.

5.

For purposes of calculating a density bonus granted pursuant to this subsection, the term "unit" as used in this section means one rental bed and its pro rata share of associated common area facilities. The units described in this subsection shall be subject to a recorded affordability restriction of fifty-five (55) years.

G.

Affordable Housing. A minimum one hundred (100) percent of the total units are for very low or lower income households, as defined by Section 50079.5 of the California Health and Safety Code, except that up to a maximum twenty (20) percent of the total units in the development may be for moderate income households, as defined in Section 50053 of the California Health and Safety Code.

H.

For purposes of subsections (A), (B), (C) and (G) above, "development" includes a shared housing building development, as defined in State Density Bonus Law.

I.

For purposes of this subsection, the total number of affordable housing units shall be exclusive of a manager's unit or units.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022; Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

A.

For purposes of calculating the amount of the density bonus pursuant to this section, an applicant who requests a density bonus shall elect whether the bonus shall be awarded on the basis of Section 17.100.040 of this chapter.

B.

For purposes of this chapter, "base density" is the maximum allowable gross residential density permitted under this title and the Land Use Element of the General Plan or any specific plan applicable to the proposed development, as of the date of application submittal by the applicant to the city. If the underlying zoning district is inconsistent with the base density allowed under the Land Use Element of the General Plan, the greater shall prevail.

C.

For the purposes of this chapter, "density bonus" means a density increase over the base density, or, if elected by the applicant, a lesser percentage of density increase, including, but not limited to, no increase in density. The amount of density increase to which the applicant is entitled shall vary depending on the percentage of base density units that are designated as affordable housing.

Using the percentages established in Section 17.100.040 of this chapter, if the base density of a property allows a maximum of one hundred (100) housing units and twenty (20) percent of the units are designated as lower income (or twenty (20) of the one hundred (100) units), a bonus density of thirty-five (35) percent shall be granted (for a bonus of thirty-five (35) units above the one hundred (100) units; for a grand total of one hundred thirty-five (135) units). The bonus units may be market rate or affordable housing.

D.

For purposes of this chapter, "total units," "total dwelling units," or "total rental beds" does not include units added by a density bonus awarded pursuant to this chapter or any local law granting a greater density bonus.

E.

All density calculations resulting in fractional units shall be rounded up to the next whole number.

F.

The granting of a density bonus shall not require, or be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval.

G.

For housing developments that contain an affordable housing set aside for very low income households meeting the criteria of subsection 17.100.040(A) of this chapter, the density bonus shall be calculated as shown in Table 17.100-1.

Table 17.100-1—Very Low Income Units (50% Area Median Income)

Notes:

¹  A maximum 20% of the units may be reserved for moderate income households.

H.

For housing developments that contain an affordable housing set aside for lower income households meeting the criteria of subsection 17.100.040(B) of this chapter, the density bonus shall be calculated as shown in Table 17.100-2.

Table 17.100-2—Lower Income Units (80% Area Median Income)

Notes:

¹  A maximum 20% of the units may be reserved for moderate income households.

I.

For senior housing developments or mobile park for senior citizens meeting the criteria of subsection 17.100.040(C) of this chapter, the density bonus shall be twenty (20) percent of the number of senior housing units.

J.

For housing developments that contain an affordable housing set aside for moderate income households meeting the criteria of subsection 17.100.040(D) of this chapter, the density bonus shall be calculated as shown in Table 17.100-3.

Table 17.100-3—Moderate Income Units (120% Area Median Income)

K.

For housing developments that contain units set aside for transitional foster youth, disabled veterans, or homeless persons meeting the criteria of subsection 17.100.040(E) of this chapter, the density bonus shall be twenty (20) percent of the number of the type of housing.

L.

For student housing developments meeting the criteria of subsection 17.100.040(F) of this chapter, the density bonus shall be thirty-five (35) percent of the student housing units.

M.

For housing developments that contain all units set aside for affordable housing meeting the criteria of subsection 17.100.040(G) of this chapter, the following shall apply:

1.

Except as otherwise provided in subsection (M)(2) below, the density bonus shall be eighty (80) percent of the number of units for very low or lower income households.

2.

If the housing development is located within one-half (½) mile of a Major Transit Stop (MTS) ² or in a Very Low Vehicle Travel Area ³ , the city shall not impose any maximum controls on density.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022; Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

Notes:

²  As defined in Subdivision (b) of Section 21155 of the California Public Resources Code.

³  As defined in Section 65915, Subdivision (o)(4) of the California Government Code.

A.

When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to the city in accordance with the subdivision, the applicant shall be entitled to a fifteen (15) percent increase above the otherwise maximum allowable residential density for the entire development as shown in Table 17.100-4.

Table 17.100-4—Maps and Donations of Land

B.

Any increase pursuant to this section shall be in addition to any increase in density mandated by Section 17.100.040 of this chapter, up to a maximum combined mandated density increase of thirty-five (35) percent if an applicant seeks an increase pursuant to both this section and Section 17.100.040 of this chapter. Nothing in this section shall be construed to enlarge or diminish the authority of the city to require a developer to donate land as a condition of development. An applicant shall be eligible for the increased density bonus described in this section if all of the following conditions are met:

1.

The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application;

2.

The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households in an amount not less than ten (10) percent of the number of residential units of the proposed development;

3.

The transferred land is at least one acre in size or of sufficient size to permit development of at least forty (40) units, has the appropriate general plan designation, is appropriately zoned with appropriate development standards for development at the density described in Section 65583.2, Paragraph (3) of Subdivision (c) of the California Government Code, and is or will be served by adequate public facilities and infrastructure;

4.

The transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land, not later than the date of approval of the final subdivision map, parcel map, or residential development application, except that the local government may subject the proposed development to subsequent design review to the extent authorized by Section 65583.2, Subdivision (i) of the California Government Code if the design is not reviewed by the city before the time of transfer;

5.

The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with Section 65583.2, Paragraphs (1) and (2) of subdivision (c) of the California Government Code, which shall be recorded on the property at the time of the transfer;

6.

The land is transferred to the city or to a housing developer approved by the city. The city may require the applicant to identify and transfer the land to the developer;

7.

The transferred land shall be within the boundary of the proposed development or, if the local agency agrees, within one-quarter (¼) mile of the boundary of the proposed development; and

8.

A proposed source of funding for the very low income units shall be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022; Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

A.

For purposes of this chapter, a concession or incentive means any of the following:

1.

A revision in the development standards of this title that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the California Health and Safety Code. This includes, but is not limited to, a reduction in setbacks and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable and actual cost reductions, to provide for affordable housing costs, as defined in Section 50052.5 of the California Health and Safety Code, or for rents for the targeted units to be set as specified in Sections 17.100.100 and 17.100.110 of this chapter;

2.

Approval of mixed-use development 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 the existing or planned development in the area where the proposed housing project will be located; or

3.

Other regulatory incentives or concessions proposed by the developer or the city that result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Section 50052.5 of the California Health and Safety Code, or for rents for the targeted units to be set as specified in Sections 17.100.100 and 17.100.110 of this chapter.

B.

An applicant for a density bonus, pursuant to Section 17.100.040 of this chapter, may submit to the city a proposal for the specific incentives or concessions that the applicant requests pursuant to this section, and may request a meeting with the city. The city shall grant the concession or incentive requested by the applicant unless the city makes a written finding, based upon substantial evidence, of any of the following:

1.

The concession or incentive does not result in identifiable and actual cost reductions, consistent with subsection (A) above, to provide for affordable housing costs, as defined in Section 50052.5 of the California Health and Safety Code, or for rents for the targeted units to be set as specified in Sections 17.100.100 and 17.100.110 of this chapter;

2.

The concession or incentive would have a specific, adverse impact, as defined in Section 65589.5, Paragraph (2) of Subdivision (d) of the California Health and Safety Code 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 lower income and moderate income households; or

3.

The concession or incentive would be contrary to federal or state law.

C.

The applicant of an eligible project shall receive the number of incentives or concessions as shown in Table 17.100-5:

Table 17.100-5—Number of Incentives or Concessions ⁴

Notes:

⁴  This is based on the percentage of units designated for very-low, lower and moderate income households.

D.

The applicant may initiate judicial proceedings if the city refuses to grant a requested density bonus, incentive, or concession. If a court finds that the refusal to grant a requested density bonus, incentive, or concession is in violation of the State Density Bonus Law, the court shall award the plaintiff reasonable attorney's fees and costs of suit. Nothing in this section shall be interpreted to require the city to grant an incentive or concession that has a specific, adverse impact, as defined in Section 65589.5, Paragraph (2) of Subdivision (d) of the California Government Code, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. Nothing in this subdivision shall be interpreted to require the city to grant an incentive or concession that would have an adverse impact on any real property that is listed in the California Register of Historical Resources.

E.

This section shall not limit or require the provision of direct financial incentives for the housing development, including the provision of publicly owned land by the city, or the waiver of fees or dedication requirements.

F.

The city bears the burden of proof for the denial of a requested concession or incentive.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022; Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

A.

In no case may the city apply any development standard that will have the effect of physically precluding a development from meeting the criteria of Section 17.100.040 of this chapter at the densities or with the concessions or incentives permitted by this chapter. Subject to subdivision D below, an applicant may submit a proposal for the waiver or reduction of development standards that will have the effect of physically precluding the construction of a development meeting the criteria of Section 17.100.040 of this chapter at the densities or with the concessions or incentives permitted under this chapter and may request a meeting with the city.

B.

If a court finds that the refusal to grant a waiver or reduction of development standards is in violation of the State Density Bonus Law, the court shall award the plaintiff reasonable attorney's fees and costs of suit. Nothing in this subdivision shall be interpreted to require a city to waive or reduce development standards if the waiver or reduction would have a specific, adverse impact, as defined in Section 65589.5, Paragraph (2) of Subdivision (d) of the California Government Code, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. Nothing in this section shall be interpreted to require the city to waive or reduce development standards that would have an adverse impact on any real property that is listed in the California Register of Historical Resources, or to grant any waiver or reduction that would be contrary to federal or state law.

C.

A proposal for the waiver or reduction of development standards pursuant to this section shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to Section 17.100.070 of this chapter.

D.

A housing development located within one-half (½) mile of an MTS that receives a waiver from any maximum controls on density pursuant to subsection 17.100.050(M)(2) of this chapter shall not be eligible for, and shall not receive, a waiver or reduction of development standards pursuant to this subdivision, other than as expressly provided in subsections 17.100.050(M)(2) and 17.100.070(C) of this chapter.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022; Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

A.

Upon the request of the developer, the city shall not require a vehicular parking ratio, inclusive of handicapped and guest parking, greater than as shown in Table 17.100-6:

Table 17.100-6—Parking Reductions

1.

The affordability levels shall be as provided in Section 50052.5 of the California Health and Safety Code.

2.

The affordability levels shall be exclusive of the manager's unit(s).

3.

For purposes of this subsection, a project shall have unobstructed access to a major transit stop if a resident is able to access the MTS without encountering natural or constructed impediments. Per Section 65915, Subdivision (p)(2)(B) of the California Government Code, "Natural or constructed impediments" includes, but is not limited to, freeways, rivers, mountains, and bodies of water, but does not include residential structures, shopping centers, parking lots, or rails used for transit.

B.

Notwithstanding subsection (A) above, if a development consists solely of rental units, exclusive of a manager's unit or units, with an affordable housing cost to lower income families, as provided in Section 50052.5 of the California Health and Safety Code, then, upon the request of the developer, the city shall not impose vehicular parking standards if the development meets the following criteria:

1.

The development is a for-rent housing development for individuals who are fifty-five (55) years of age or older that complies with Sections 51.2 and 51.3 of the California Civil Code, and

2.

The development has either paratransit service or unobstructed access, within one-half (½) mile, to fixed bus route service that operates at least eight (8) times per day.

C.

Notwithstanding subsection (A) above and subsection (G) below, if a development consists solely of rental units, exclusive of a manager's unit or units, with an affordable housing cost to lower income families, as provided in Section 50052.5 of the California Health and Safety Code, and is either a special needs housing development, as defined in Section 51312 of the California Health and Safety Code, or a supportive housing development, as defined in Section 50675.14 of the California Health and Safety Code, then, upon the request of the developer, the city shall not impose any minimum vehicular parking requirement. A development that is a special needs housing development shall have either paratransit service or unobstructed access, within one-half (½) mile, to fixed bus route service that operates at least eight (8) times per day.

D.

If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this section, a development may provide onsite parking through tandem parking or uncovered parking, but not through on street parking.

E.

This section shall apply to a development that meets the requirements of Sections 17.100.040, 17.100.100 and 17.100.110 of this chapter, but only at the request of the applicant. An applicant may request parking incentives or concessions beyond those provided in this subdivision pursuant to Section 17.100.070 of this chapter.

F.

This section does not preclude the city from reducing or eliminating a parking requirement for development projects of any type in any location.

G.

Notwithstanding subsections (A) and (B) above, if the city or an independent consultant has conducted an area wide or jurisdiction wide parking study in the last seven (7) years, then the city may impose a higher vehicular parking ratio not to exceed the ratio described in Table 17.100-6, based upon substantial evidence found in the parking study, that includes, but is not limited to, an analysis of parking availability, differing levels of transit access, walkability access to transit services, the potential for shared parking, the effect of parking requirements on the cost of market-rate and subsidized developments, and the lower rates of car ownership for lower income and very low income individuals, including seniors and special needs individuals. The city shall pay the costs of any new study. The city shall make findings, based on a parking study completed in conformity with this subsection, supporting the need for the higher parking ratio.

H.

A request pursuant to this section shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to Section 17.100.070 this chapter.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022; Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

An applicant shall agree to, and the city shall ensure, the continued affordability of all very low and lower income rental units that qualified the applicant for the award of the density bonus for at least fifty-five (55) years from the issuance of the final certificate of occupancy by the Building and Safety Division or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program.

A.

Except as set forth in subsection B below, rents for the lower income density bonus units shall be set at an affordable rent, as defined in Section 50053 of the California Health and Safety Code.

B.

For housing developments meeting the criteria of subsection 17.100.040(G) of this chapter, rents for all units in the development, including both base density and density bonus units, shall be as follows:

1.

The rent for at least twenty (20) percent of the units in the development shall be set at an affordable rent, as defined in Section 50053 of the California Health and Safety Code.

2.

The rent for the remaining units shall be set at an amount consistent with the maximum rent levels for a housing development that receives an allocation of federal or state lower income housing tax credits from the California Tax Credit Allocation Committee.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022; Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

A.

The applicant shall agree to, and the city and shall ensure that, the initial occupant of all for-sale units that qualified the applicant for the award of the density bonus are persons and families of very low, lower, or moderate income, as required, and that the units are offered at an affordable housing cost, as that cost is defined in Section 50052.5 of the California Health and Safety Code.

B.

The city shall enforce an equity sharing agreement, unless it is in conflict with the requirements of another public funding source or law. The following apply to the equity sharing agreement:

1.

Upon resale, the seller of the unit shall retain the value of any improvements, the down-payment, and the seller's proportionate share of appreciation. The local government shall recapture any initial subsidy, as defined in subsection (B)(2) below, and its proportionate share of appreciation, as defined in subsection (B)(3) below, which amount shall be used within five (5) years for any of the purposes described in Section 33334.2, Subdivision (e) of the California Health and Safety Code that promote home ownership.

2.

For purposes of Sections 17.100.100 and 17.100.110 of this chapter, 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, then the value at the time of the resale shall be used as the initial market value.

3.

For purposes of Sections 17.100.100 and 17.100.110 of this chapter, 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.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022; Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

A.

An applicant shall be ineligible for a density bonus or any other incentives or concessions under this chapter if the housing development is proposed on any property that includes a parcel or parcels on which rental dwelling units are or, if the dwelling units have been vacated or demolished in the five (5) year period preceding the application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; subject to any other form of rent or price control through a public entity's valid exercise of its police power; or occupied by lower or very low income households, unless the proposed housing development replaces those units, and either of the following applies:

1.

The proposed housing development, inclusive of the units replaced pursuant to this section, contains affordable units at the percentages set forth in Section 17.100.040 of this chapter; or

2.

Each unit in the development, exclusive of the manager's unit or units, is affordable to and occupied by, either a lower or very low income household.

B.

For the purposes of this section, "replace" shall mean any of the following:

1.

If dwelling units described in subsection (A) above are occupied on the date of application, the proposed housing development shall provide at least the same number of units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those households in occupancy.

2.

For unoccupied dwelling units described in subsection (A) above in a development with occupied units on the date of application, the proposed housing development shall provide units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as the last household in occupancy.

3.

If dwelling units described in subsection (A) above have been vacated or demolished within the five (5) year period preceding on the date of application, the proposed housing development shall provide at least the same number of units of equivalent size as existed at the highpoint of those units in the five (5) year period preceding the application to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those persons and families in occupancy at that time, if known.

C.

When income categories of current or former occupants described in subsection (B) above are not known, the income level of replacement units shall be determined as follows:

1.

For occupied units, if the income category of the household in occupancy is not known, it shall be rebuttably presumed that lower income renter households occupied these units in the same proportion of lower income renter households to all renter household within the city, as determined by the most recent available data from the United States Department of Housing and Urban Development's Comprehensive Housing Affordability Strategy database.

2.

For unoccupied units on a property with occupied units, if the income category of the last household in occupancy is no known, it shall be rebuttably presumed that lower income renter households occupied these units in the same proportion of lower income renter households to all renter households within the city, as determined by the most recently available data from the United States Department of Housing and Urban Development's Comprehensive Housing Affordability Strategy database.

3.

For units that have been vacated or demolished within the past five (5) years, if the incomes of the persons and families in occupancy at the highpoint as set forth in subsection (B)(3) above is not known, it shall be rebuttably presumed that lower income and very low income renter households occupied these units in the same proportion of lower-income and very low income renter households to all renter households within the city, as determined by the most recently available data from the United States Department of Housing and Urban Development's Comprehensive Housing Affordability Strategy database.

D.

All replacement calculations resulting in fractional units shall be rounded up to the next whole number.

E.

If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least fifty-five (55) years. If the proposed development is for-sale units, the units replaced shall be subject to Section 17.100.110 of this chapter.

F.

Notwithstanding subsection (B) above, any dwelling unit described in Subsection (A) above, that is or was, within the five (5) year period preceding the application, subject to a form of rent or price control through the city's valid exercise of its police power and that is or was occupied by persons or families above lower income, the city may, at its discretion, do either of the following:

1.

Require that the replacement units be made available at affordable rent or affordable housing cost to, and occupied by, lower income persons or families. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least fifty-five (55) years. If the proposed development is for-sale units, the units replaced shall be subject to subsection (F)(2) below.

2.

Require that the units be replaced in compliance with any applicable city rent or price control ordinance, provided that each unit described in subsection (A) above. Unless otherwise required by any city rent or price control ordinance, these units shall not be subject to a recorded affordability restriction.

G.

For purposes of this section, "equivalent size" means that the replacement units contain at least the same total number of bedrooms as the units being replaced.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022; Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

A.

When an applicant proposes to construct a housing development that conforms to the requirements of Section 17.100.040 of this chapter and includes a childcare facility that will be located on the premises of, as part of, or adjacent to, the project, and conforms to the requirements of Section 65917.5 of the California Government Code, then, the city shall grant either of the following:

1.

An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the childcare facility.

2.

An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the childcare facility.

B.

The city shall require, as a condition of approving the housing development, that the following occur:

1.

The childcare 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 pursuant to Sections 17.100.100 and 17.100.110 of this chapter.

2.

Of the children who attend the childcare facility, the children of very low income households, lower 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 households, lower income households, or families of moderate income pursuant to Section 17.100.040 of this chapter.

C.

Notwithstanding any requirement of this section, the city shall not be required to provide a density bonus or concession for a childcare facility if it finds, based upon substantial evidence, that the community has adequate childcare facilities.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022; Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

A.

The density bonus with or without concessions or waivers shall be valid for two (2) years after the effective date of approval by the Community Development Director.

B.

If the applicant has proceeded in good faith toward the implementation of the density bonus with or without concessions or waivers, then the applicant may request a twelve-month extension of the permit. The applicant shall submit the request prior to the expiration date. The extension shall be considered by the Community Development Director within thirty (30) days of the request. No additional extensions shall be permitted.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022; Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

Community Development Director decisions regarding this chapter are appealable to the Planning Commission and ultimately, the City Council. Refer to Section 17.10.100 (General Regulations—Ability to Appeal) of this title for additional information.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022)

The provisions of this chapter establish standards and procedures that encourage the development of housing affordable to a range of households with varying income levels dispersed throughout the city. The purpose of this chapter is to encourage the development and availability of such housing by ensuring that the addition of affordable housing units to the city's housing stock is in proportion with the overall increase in new housing units and to ensure the long-term affordability of such housing for eligible households.

(Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

The requirements of this chapter shall apply to new housing development projects consisting of ten (10) or more dwelling units, both rental and for-sale, unless otherwise exempt by Section 17.102.030. If a housing development project consists of nine (9) or fewer units, the applicant may voluntarily elect to construct affordable units on-site and may be eligible to request the incentives listed in Section 17.102.060 of this chapter, provided that the proposed project complies with Section 17.102.050 of this chapter.

(Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

The requirements of this chapter shall not apply to the following housing development projects:

A.

Projects consisting of nine (9) or fewer units.

B.

Projects located in a One-family Dwelling (R-1A, R-1B and R-1C) Zoning District.

C.

Projects where entitlement permits (e.g. design review, minor design review, etc.) have been approved or deemed complete prior to the effective date of this chapter and where a building permit to construct the units issued within one year of entitlement approval or one year of the effective date of this chapter, whichever occurs later.

D.

Projects where the city enters into a development agreement pursuant to Chapter 17.129 (Development Agreements) of this title, that expressly exempts the requirements of this chapter.

E.

Projects exempt by state law.

(Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

A.

Inclusionary Unit Requirements. A housing development project subject to the requirements of this chapter shall provide and designate a minimum of fifteen (15) percent of the total number of units as inclusionary units that may include ownership or rental units and must be made available at an affordable cost to eligible households. Table 17.102-1 prescribes the minimum percentage of on-site inclusionary units required for a project:

Table 17.102-1—Inclusionary Unit Requirements

Notes:

⁵  For purposes of calculating the number of inclusionary units required, any additional dwelling units authorized as a density bonus under Chapter 17.100 (Density Bonus Provisions) of this title or State Density Bonus Law shall not be counted in deterining the required number of inclusionary units.

B.

Alternative Compliance. The applicant may elect to satisfy the inclusionary housing requirement for the project prescribed in subsection (A) above, in whole or in part, through implementing one or more alternative means of compliance, as follows:

1.

In-Lieu Fee. Payment of an in-lieu fee rather than constructing all or some of the inclusionary units, subject to the following:

a.

The amount of the in-lieu fee shall be calculated in accordance with the fee schedule established by resolution by the City Council;

b.

One-half (½) of the in-lieu fee shall be paid prior to the issuance of the first building permit for the project. The remaining one-half (½) of the fee shall be paid prior to the issuance of the first certificate of occupancy; and

c.

The fees collected shall be deposited in the city's Inclusionary Housing Trust Fund and shall be used in accordance with subsection 17.102.070(B) of this chapter.

2.

Off-Site Construction. The applicant may construct all or some of the required number of inclusionary units for the project on another property subject to the following:

a.

The newly built off-site units shall be on a property located within the City;

b.

The square footage, number of bedrooms and affordability covenants of the off-site units shall comply with the equivalent on-site requirements for the project;

c.

The off-site location shall be approved by the appropriate review authority;

d.

Building design, quality, and maintenance standards shall be of good quality and consistent with contemporary standards for new housing, such as those applied by the Low Income Housing Tax Credit program; and

e.

Construction of the off-site units will be completed prior to or concurrently with the project.

3.

Off-Site Rehabilitation. The applicant may substantially rehabilitate off-site existing units on another property in lieu of constructing all or some of the required number of inclusionary units for the project, subject to the following:

a.

The rehabilitated off-site units shall be on a property located within the City;

b.

The square footage, number of bedrooms and affordability covenants of the rehabilitated units shall comply with the equivalent on-site requirements for the project;

c.

For purposes of this subsection, the minimum threshold for substantial rehabilitation may include, but not be limited to, corrections of code violations, Title 24 upgrades, seismic rehabilitation and accessibility upgrades;

d.

The minimum cost threshold shall be calculated using the fee schedule established by resolution by the City Council; and

e.

The substantial rehabilitation of the existing units to be converted to inclusionary units will be completed prior to or concurrently with the project.

4.

Land Dedication. Convey land to the city, for all or some of the units, at the discretion of the City Council for future development of affordable housing, subject to the following:

a.

The land shall be conveyed to the city at no cost;

b.

The dedicated land is located in the city and is appropriately zoned at a density sufficient to accommodate the number of affordable units that would have been required on-site for the project;

c.

The dedicated land is improved with infrastructure and utilities required to adequately serve the property;

d.

Evidence shall be provided upon submittal of a proposal for land dedication demonstrating that: (i) the developer has control of the land to be dedicated; (ii) the land is free of any liens, encumbrances or easements that adversely impact title; and (iii) the land does not contain any hazardous substance. The developer shall disclose any hazardous substance previously remediated on the site and evidence that cleanup was performed in accordance with applicable law;

e.

Payment in full of all property taxes and special taxes shall be made when the proposal for land dedication is submitted, and again prior to conveyance of the land to the city; and

f.

The Planning Commission may recommend the City Council approve, approve with conditions or deny the land dedication. The City Council shall be the final review authority.

(Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

A.

Location, Size and Design of Units. All inclusionary units in a project shall be:

1.

Reasonably dispersed throughout the project and not be overly concentrated in one area;

2.

Comparable to the market-rate units in square footage and number of bedrooms; and

3.

Comparable to the market rate units in terms of the base design, appearance, materials and finished quality. The inclusionary units should be indistinguishable from the market rate units in terms of exterior appearance and quality of construction.

B.

Access to Amenities. Residents of inclusionary units shall have the same rights and access to common amenities in the development, as residents of market-rate units.

C.

Timing of Construction. All inclusionary units in a project shall be constructed prior to or concurrently with the construction of the market rate units. In a phased project, a proportionate number of inclusionary units to market-rate units as required by this chapter shall be constructed during each phase of the project.

D.

Period of Affordability. The applicant shall designate and offer inclusionary units to eligible income level households as follows:

1.

Rental Inclusionary Units.

a.

Units shall remain reserved for the eligible income level households at the applicable affordable housing costs in perpetuity.

b.

The applicant shall designate and offer rental inclusionary units to eligible income level households based on the inclusionary housing plan.

c.

Changes in Tenant Income.

i.

If the income of a tenant of eligible very lower-income rental inclusionary unit changes to exceed the very-low income limit, but not the lower-income limit: (a) The applicant may allow the tenant to remain in the original unit at the affordable rent for lower-income households, provided the next vacant rental unit shall be redesignated as an inclusionary rental unit for eligible very low-income households; or (b) The tenant shall be given a one year notice to vacate the unit. If during the year, an inclusionary unit affordable to lower-income households become available, the applicant shall allow the tenant to submit an application for that unit.

ii.

If the income of a tenant of eligible lower-income rental inclusionary unit changes to exceed the income limits for that unit: (a) The applicant may raise the tenant's rent to market rate and allow the tenant to remain in the original unit, provided another unit in the development is redesignated as an inclusionary rental unit affordable to eligible very low- or lower income households within one year; or (b) If the applicant does not want to redesignate another unit as an inclusionary rental unit, the tenant shall be given a one year notice to vacate the unit.

d.

Annual Report. The applicant shall submit an annual report summarizing the occupancy of each rental inclusionary unit for the year and demonstrating the continued income-eligibility of the tenant. The city may require additional information if deemed necessary.

2.

For-Sale Inclusionary Units.

a.

Units shall remain reserved for the eligible income level households at the applicable affordable housing costs for a minimum of fifty-five (55) years.

b.

The applicant shall designate and offer for-sale inclusionary units to eligible income level households based on the inclusionary housing plan.

c.

Transfer of Title. Upon the death of an owner of an ownership inclusionary unit, title in the inclusionary unit may transfer to the surviving joint owner without respect to the income-eligibility of the household. Upon the death of a sole owner or all owners, and inheritance of the inclusionary unit by a non-income-eligible child or stepchild of one or more owners, there will be a one-year compassion period between the time when the estate is settled and the time when the inclusionary unit must be sold to an eligible household. Inheritance of an inclusionary unit by any other person whose household is not income-eligible shall require resale of the inclusionary unit to an eligible household as soon as is feasible but not more than one hundred eighty (180) days from when the estate is settled.

d.

Owner Occupancy Requirements.

i.

Owners of inclusionary units shall use and occupy the inclusionary unit as the owner's principal residence for at least ten (10) months out of any twelve-month period, or as determined appropriate by the Community Development Director.

ii.

Owners shall not lease or rent any part of the inclusionary unit unless the city has given its prior written consent to such lease or rental on the basis of a demonstrated hardship by the owner.

e.

The city may require owners of inclusionary units to provide an annual report with information demonstrating the continued income-eligibility of the owner. The city may require additional information if deemed necessary.

(Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

An inclusionary housing plan and an affordable housing agreement shall be required for a housing development project subject to this chapter prior to approval as follows:

A.

Inclusionary Housing Plan.

1.

The inclusionary housing plan shall include the following:

a.

A brief description of the project including the total number of proposed units and the proposed number and income levels of the inclusionary units;

b.

A table identifying unit sizes, bedrooms counts and whether the units will be rental, for-sale, or a combination;

c.

Site plan identifying the inclusionary units, resident and guest parking areas and common open space areas;

d.

If the project will include phases, a project phasing plan demonstrating the timely development of the inclusionary units;

e.

A description of any requested incentives, as listed in Section 17.102.060 of this chapter; and

f.

Additional information deemed necessary by the Planning Division to evaluate compliance with the requirements of this chapter.

2.

Review and approval of an Inclusionary Housing Plan.

a.

The Inclusionary Housing Plan shall be submitted at the same time as the project application is submitted; and

b.

The inclusionary housing plan must be deemed complete and approved by the Review Authority prior to or at the same time as the entitlement permits (e.g. design review, minor design review, etc.) are approved.

3.

Alternative Compliance. An inclusionary housing plan shall not be required if the applicant elects to comply by an alternative method as set forth in Section 17.102.040(B) of this chapter. If the applicant elects to pay an in-lieu fee, the applicant shall submit a statement certifying said election. If the applicant elects to comply through off-site construction, off-site rehabilitation or land donation, the applicant shall submit information necessary to confirm compliance and a statement certifying the elected method of compliance.

B.

Inclusionary Housing Agreement.

1.

The applicant shall enter into an inclusionary housing agreement with the city. The contents of the agreement shall be established by the City Attorney and will vary, depending on the manner in which the provisions of this chapter are satisfied. At minimum, the agreement shall guarantee the continued affordability of all the inclusionary units as required by Section 65915 of the California Government Code. The agreement shall run with the land and recorded in the Los Angeles County Recorder's Office.

2.

An inclusionary housing agreement shall be recorded prior to the issuance of the first certificate of occupancy.

3.

An inclusionary housing agreement shall not be required when the applicant elects to fully comply with this chapter by paying an in-lieu fee and/or through land donation.

(Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

When all or some of the inclusionary units are proposed to be constructed on-site, the applicant may request one or more of the following incentives:

A.

Impact Fee Reductions. Table 17.102-2 outlines the maximum percentage the Review Authority may reduce impact fees for the inclusionary units:

Table 17.102-2—Impact Fee Reductions

B.

Design Flexibility. The Review Authority may modify the following development standards ^{6 [2]}:

1.

Reduce yard setbacks, with exception to the front yard any street side yard; however, in no event shall any yard setback be less than five (5) feet;

2.

Reduce upper floor building setbacks, provided the elevations have step backs and/or projections every twenty (20) feet.

3.

Reduce building separation requirements; however, in no event shall a separation be less than five (5) feet;

4.

Reduce private open space dimensions; however, in no event shall a dimension be less than four (4) feet; and

5.

Adjust the open space allocation between private open space and common open space.

C.

Floor Area Bonus. For projects with less than ten (10) units, a floor area ratio (FAR) bonus of 0.10 as outlined in Section 17.24.050(C) (Multiple-family Dwelling Zoning Districts—Floor Area Ratio (FAR) Bonus) of this title.

D.

Parking Reductions. For the inclusionary units as permitted for affordable housing projects in Table 17.70-4 of Chapter 17.70 (Parking Regulations) of this title.

E.

Density Bonus. Pursuant to Chapter 17.100 (Density Bonus Provisions) of this title. The project may also be eligible for special concessions, incentives, waivers and parking reductions.

(Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

A.

Establishment. The city shall establish an inclusionary housing trust fund. All in-lieu fees shall be deposited into the inclusionary housing trust fund.

B.

Usage of Funds. Inclusionary housing trust fund moneys may be used for the following:

1.

Development and preservation of affordable housing;

2.

Providing financial assistance to applicants constructing new affordable units or rehabilitating existing housing units to be restricted as affordable units;

3.

Acquisition of properties necessary to maintain affordable housing;

4.

Purchase of affordability covenants on existing market rate housing;

5.

Lengthening the term of existing deed restrictions or affordability covenants on currently restricted affordable housing;

6.

Supportive housing and transitional housing for formerly homeless persons; and

7.

Administrative costs associated with implementing this chapter not to exceed ten (10) percent of the fees collected.

8.

A maximum amount of the inclusionary housing trust fund that the city can allocate to a housing project shall be established by resolution by the City Council.

C.

Administration of Funds. The Finance Director shall administer the inclusionary housing trust fund. An annual report of the inclusionary housing trust fund's revenues and expenditures shall be prepared and made available to the public.

(Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

A.

Forfeiture of Funds. Any individual who sells or rents an inclusionary unit in violation of this chapter shall be required to forfeit all money so obtained. Recovered funds shall be deposited into the inclusionary housing trust fund.

B.

Legal Actions. The city may institute any appropriate legal actions or proceedings necessary to ensure compliance with this chapter, including:

1.

To disapprove, revoke, or suspend any permit, including a building permit, certificate of occupancy or discretionary approval; and

2.

For injunctive relief or damages.

C.

Recovery of Costs. In any action to enforce this chapter, or an inclusionary housing agreement recorded hereunder, the city shall be entitled to recover City Attorney's fees and costs.

(Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

A.

Modifying or Waiving Requirements. The requirements of this chapter may be modified or waived if the applicant demonstrates to the Community Development Director that applying these requirements, considered together with any variances, or regulatory concessions or incentives that may be applied to the proposed development, would take property in violation of the United States or California Constitutions.

B.

Burden of Proof. The applicant has the burden of providing economic information and other evidence necessary to establish that application of the provisions of this chapter to the project would constitute a taking of the property of the proposed project without just compensation.

C.

Adjustments and Waivers. Any adjustments or waivers may only modify the inclusionary housing requirement to the extent necessary to avoid an unconstitutional result. If the Community Development Director determines no violation of the United States or California Constitutions would occur through application of this chapter, the requirements of this chapter shall remain applicable.

D.

Applications and Decisions.

1.

The Community Development Director shall review the application and issue a written decision.

2.

In making a determination on the requested adjustment or waiver, the decision-maker shall consider each of the following:

a.

Application of the inclusionary housing requirement to the housing development project;

b.

Application of any applicable inclusionary or density bonus concessions or incentives;

c.

Utilization of the most cost-efficient product type for the inclusionary units; and

d.

The potential for external funding, including, but not limited to, governmental grants, loans, or subsidies of any nature where reasonably likely to occur.

(Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

Community Development Director decisions regarding this chapter are appealable to the Planning Commission and ultimately, the City Council. Other appeals depend on the required project applications and Review Authority. Refer to Section 17.10.100 (General Regulations—Ability to Appeal) of this title for additional information.

(Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

The housing regulations set forth in this chapter are established to comply with the state standards and requirements set forth in Section 65912 of the California Government Code, as amended from time to time, and other applicable state laws. This chapter is not intended to conflict with state enactments.

(Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

A.

This chapter shall apply to the following affordable housing development projects in commercial areas:

1.

Affordable housing projects in commercial zones; and

2.

Mixed-income housing projects along commercial corridors.

B.

The proposed housing development projects shall only permitted in a zone where office, retail or parking are principally permitted uses. Refer to Chapter 17.A (Matrix of Permitted Uses) of this title for the zoning districts that may permit affordable housing projects in commercial areas, subject to the requirements of this chapter.

(Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

A.

Adjoining Uses.

1.

A minimum seventy-five (75) percent of the perimeter of the property shall be adjacent to parcels that are developed with urban uses. Urban uses shall mean any current or former residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses.

2.

The property shall not be adjacent to any parcel where more than one-third (⅓) of the square footage is dedicated to industrial uses. Dedicated to industrial uses shall mean the current or most recently permitted use is an industrial use or the property had a General Plan Land Use designation of Industrial/Business Park prior to January 1, 2022.

3.

For the purpose of this section, parcels that are only separated by a street or highway shall be considered adjacent.

B.

Environmentally Sensitive Sites. The property satisfies the requirements of Subsections 65913.4(a)(6)(B) through (K) of the California Government Code.

C.

Mobilehome Limitations. The property shall not be governed under the Mobilehome Residence Law (Division 2, Part 2, Title 2, Chapter 2.5 commencing with Section 798 of the California Civil Code), the Recreational Vehicle Park Occupancy Law (Division 2, Part 2, Title 2, Chapter 2.6 commencing with Section 799.20 of the California Civil Code), Mobilehome Parks Act (Division 13, Part 2.1 commencing with Section 18200 of the California Health and Safety Code) or the Special Occupancy Parks Act (Division 13, Part 2.3 commencing with Section 18860 of the California Health and Safety Code).

D.

Tribal Resources. If the property is vacant, it shall not contain tribal cultural resources, as defined by Section 210744 of the California Public Resources Code, that could be affected by the development that were found pursuant to a consultation as described by Section 21080.3.1 of the California Public Resources Code and the effects of which cannot be mitigated pursuant to the process described in Section 21080.3.2 of the California Public Resources Code.

E.

Fire Hazardous. If the property is vacant, it shall not be within a very high fire severity zone, as indicated on maps adopted by the California Department of Forestry and Fire Protection pursuant to Section 4202 of the California Public Resources Code or as designated pursuant to Subsections 51197(a) and (b) of the California Government Code.

F.

Additional Site Requirements for Mixed-income Housing Projects. The following requirements shall apply to mixed-income housing projects:

1.

The property shall abut a commercial corridor with a minimum street frontage of fifty (50) feet.

2.

The property shall not exceed a size of twenty (20) acres.

3.

The property shall not have been previously used as permanent housing occupied by tenants (excluding any manager unit(s)) that was demolished with ten (10) years prior to submittal of a formal application for a mixed-income housing project.

4.

The property shall not contain one to four (4) existing dwelling units.

(Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

A.

Project Type. The project shall be a multiple-family housing development project with five (5) or more dwelling units for sale or rent.

B.

Environmental Assessment.

1.

The applicant shall complete a Phase 1 Environmental Assessment, as defined in Section 25319.1 of the California Health and Safety Code.

2.

If a recognized environmental condition is found, the applicant shall undertake a preliminary endangerment assessment, as defined in Section 25319.5 of the California Health and Safety Code, prepared by an environmental assessor to determine the existence of any release of a hazardous substance on the site and to determine the potential for exposure of future occupants to significant health hazards from any nearby property or activity.

a.

If a release of hazardous substance is found to exist on the site, the release shall be removed, or any significant effects on the release shall be mitigated to a level of insignificance in compliance with current state and federal requirements.

b.

If a potential for exposure to a significant hazardous substance from surrounding properties or activities is found to exist, the effects of the potential exposure shall be mitigated to a level of insignificance in compliance with current federal and state requirements.

C.

Proximity Restrictions to Freeways and Refineries.

1.

None of the proposed dwelling units on the property shall be located within five hundred (500) feet of a freeway, as defined in Section 332 of the California Vehicle Code.

2.

None of the proposed dwelling units on the property shall be located within three thousand two hundred (3,200) feet of a facility that actively extracts or refines oil or natural gas.

D.

Additional Requirements for Mixed-income Housing Projects. The following requirements shall apply to mixed-income housing projects:

1.

The project does not require the demolition of any of the following:

a.

Housing that is subject to a recorded covenant, ordinance or law that restricts rents to levels affordable to persons and families of moderate, lower or very low income.

b.

Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.

c.

Housing that has been occupied by tenant(s) within the past ten (10) years (excluding any manager unit(s)).

2.

The project does not require the demolition of a structure that was designated or listed as a federal, state or local landmark or historic property.

(Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

A.

Table 17.104-1 prescribes the development standards for affordable housing in commercial areas:

Table 17.104-1—Development Standards - Affordable Housing in Commercial Areas

B.

Density Bonuses. An applicant shall be eligible for a density bonus, incentives or concessions, waivers or reduction of development standards and parking ratios as outlined in Chapter 17.100 (Density Bonus Provisions) of this title.

C.

City's Inclusionary Housing Requirements. The applicant shall comply with Section 17.102.050 (Inclusionary Housing—Development Standards and Procedures) of this title and may request any of the incentives listed in Section 17.102.060 (Inclusionary Housing—Incentives) of this title.

(Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

The following shall be required for all mixed-income housing developments along commercial corridors that include existing commercial tenants:

A.

Written Notification. The applicant shall provide written notification to each commercial tenant on the site when the application is submitted.

B.

Relocation Assistance. As a condition of approval, the applicant shall provide relocation assistance to qualified commercial tenants at the rates prescribed in Section 65912.123(i) of the California Government Code.

(Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

As a condition of approval, all affordable housing projects in commercial areas shall comply with Article 4 (Labor Standards), Section 65912.130 of the California Government Code. In addition, affordable housing projects in commercial areas with 50 or more units shall comply with Article 4 (Labor Standards), Section 65912.131 of the California Government Code.

(Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

The Review Authority and applicant shall comply with Article 2, Section 65912.114 of the California Government Code for affordable housing developments in commercial zones that satisfy all of the requirements established in Sections 65912.111, 65912.112, and 65912.113 of the California Government Code and Article 3, Section 65912.124 of the California Government Code for mixed-income housing developments along commercial corridors that satisfy all of the requirements established in Sections 65912.121, 65912.122, and 65912.123 of the California Government Code.

(Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

This chapter shall be in effect July 2, 2023 and continue in effect until January 1, 2033, and as of that date shall be repealed.

(Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)