It is the purpose of this Chapter to encourage the production of very low-income, low- income, moderate-income and senior citizens housing units in accordance with Government Code Sections 65915 through 65918, as may be amended from time to time ("State Density Bonus Law"). In enacting this section, it is also the intent of the City to facilitate the development of affordable housing and to implement the goals, objectives, and policies of the housing element of the City's General Plan. A copy of the current State Density Bonus Law shall be kept on file with the Development Services Department.

(Ord. 1645, 3-7-2023)

This Chapter shall apply to any qualifying residential development application which meets the criteria to receive a density bonus.

(Ord. 1645, 3-7-2023)

   A.   In addition to any other review required for a proposed housing development, applications for density bonus shall be filed on a form approved by the Development Services Director ("director"). The application for a density bonus shall be filed concurrently with an application for a development. At the time the application is submitted, the applicant shall pay a density bonus application fee, established by City Council resolution.

   B.   An applicant for a density bonus must file an application for a density bonus with the director concurrently with the application for all other entitlements necessary for the proposed housing development.

   C.   The application must contain information sufficient to fully evaluate the request under the requirements of this chapter and Government Code section 65915, including, without limitation, the following:

      1.   A description of the proposed housing development, including an explanation of how the proposed project will satisfy the eligibility requirements of Government Code section 65915;

      2.   The total number of housing units proposed in the project, including unit sizes and the number of bedrooms;

      3.   The total number of units proposed to be granted through the density increase over and above the otherwise maximum density for the project site;

      4.   The total number of units to be made affordable to or reserved for sale or rental to very low, low or moderate-income households, or senior citizens, or other qualifying residents consistent with state law;

       5.   A list of any concessions or incentives being requested to facilitate the development of the project, together with documentation of resulting cost reductions necessary to provide for affordable housing costs; and

      6.   Any other information the director determines necessary to process and evaluate the proposal consistent with Government Code section 65915.

(Ord. 1645, 3-7-2023)

   A.   For a housing development qualifying pursuant to the requirements of Government Code Section 65915, the City shall grant a density bonus in an amount specified by Government Code Section 65915. Except as otherwise required by Government Code Section 65915, the density bonus units shall not be included when calculating the total number of housing units that qualifies the housing development for a density bonus.

   B.   For the purpose of calculating the density bonus, the "maximum allowable residential density" shall be the maximum density allowed under the zoning ordinance and land use element of the general plan, or, if a range of density is permitted, the maximum allowable density for the specific zoning range and land use element of the general plan applicable to the project. Where the density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan, the maximum density allowed in the general plan shall prevail.

   C.   The City shall grant the applicant the number of incentives and concessions required by Government Code Section 65915. The City shall grant the specific concession(s) or incentive(s) requested by the applicant, unless it makes any of the relevant written findings stated in Government Code Section 65915(d)(1).

   D.   The applicant may request, and the City shall grant, a reduction in parking requirements in accordance with Government Code Section 65915(p), as that section may be amended from time to time.

(Ord. 1645, 3-7-2023)

   A.   Except as restricted by Government Code Section 65915, the applicant for a density bonus may submit a proposal for the waiver or reduction of development standards that have the effect of physically precluding the construction of a housing development incorporating the density bonus and any incentives or concessions granted to the applicant. A request for a waiver or reduction of development standards shall be accompanied by documentation demonstrating that the waiver or reduction is physically necessary to construct the housing development with the additional density allowed pursuant to the density bonus and incorporating any incentives or concessions required to be granted. The City shall approve a waiver or reduction of a development standard, unless it finds that:

      1.   The application of the development standard does not have the effect of physically precluding the construction of a housing development at the density allowed by the density bonus and with the incentives or concessions granted to the applicant;

      2.   The waiver or reduction of the development standard would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact;

      3.   The waiver or reduction of the development standard would have an adverse impact on any real property that is listed in the California Register of Historical Resources; or

      4.   The waiver or reduction of the development standard would be contrary to state or federal law.

(Ord. 1645, 3-7-2023)

   A.   The applicant shall enter into an agreement with the City to ensure the continued affordability of all affordable units or the continued reservation of such units for qualifying senior citizens. Prior to receiving a building permit for any project that receives a density bonus or any incentive, concession, waiver, or reduction of development standards pursuant to this section, such agreement shall be recorded as a covenant against the property.

   B.   For any development project that is granted a density bonus or other benefit pursuant to this section, the affordable units that qualify the project as eligible for a density bonus, must be constructed concurrently with or prior to the construction of any market rate units.

   C.   In addition, the affordable units must be integrated with the market rate units so that there is a mix of affordable and market rate units, if any, in each building of the development project.

   D.   An applicant shall not receive a density bonus or other incentive or concession unless the housing development is entitled to such a bonus, incentive or concession under Government Code Section 65915.

   E.   The provisions of this subdivision shall be interpreted to fulfill the requirements of Government Code Section 65915. Any changes to that Government Code Section 65915 shall be deemed to supersede and govern any conflicting provisions contained herein.

   F.   The director is authorized to adopt administrative regulations and procedures necessary to implement this chapter consistent with Chapter 4.3 (Density Bonuses and Other Incentives) of Division 1 of Title 7 of the Government Code.

(Ord. 1645, 3-7-2023)