Escondido City Zoning Code
ARTICLE 67
DENSITY BONUS AND RESIDENTIAL INCENTIVES
§ 33-1410 Purpose.
The purpose of this article is to specify how the city will implement State Density Bonus Law (Government Code sections 65915–65918) ("State Density Bonus Law"), as required by Government Code section 65915(a).
This article is intended to materially assist the housing industry in providing adequate and affordable shelter for all economic segments of the community and to provide a balance of housing opportunities for very low income, lower income, and senior households, as well as transitional foster youth, disabled veterans, and homeless persons, throughout the city. It is intended that this article facilitate the development of affordable housing development projects and implement the goals, objectives, and policies of the City of Escondido General Plan Housing Element.
If any provision of this article conflicts with State Density Bonus Law or other applicable state law, such state law shall control. Any ambiguities shall be interpreted to be consistent with state law. Applicable state statutes should be consulted for amendments prior to applying the provisions in this article.
(Ord. No. 92-19, § 1, 4-22-92; Ord. No. 94-38, § 1, 12-7-94; Ord. No. 2017-05, § 7, 5-24-17; Ord. No. 2021-10, § 6, 10-27-21)
§ 33-1411 Definitions.
The definitions found in State Density Bonus Law are incorporated herein by this reference as if fully set forth herein and shall apply to the terms used in this article, unless the context requires otherwise and as further clarified in this section:
has the same meaning as provided in Health and Safety Code section 50052.5.
means a facility installed, operated, and maintained for the nonresidential care of children as defined under applicable state licensing requirements for the facility, including but not limited to an infant center, preschool, extended day care facility, and school-age child care center, but not including a family day care home.
means an increase over the otherwise maximum allowable gross residential density as of the date of the application by the applicant to the city, or if elected by the applicant, a lesser percentage of density increase.
means those residential units granted pursuant to the provisions of this article that exceed the otherwise maximum residential density or permitted floor area ratio (FAR) for the development site.
means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the city for the applicable permits to undertake any construction, demolition, or renovation project within the city.
means a site or construction condition or requirement that applies to a housing development pursuant to any ordinance, general plan element, master or specific plan, or other city requirement, law, policy, resolution, or regulation.
means one or more groups of projects for residential units that are the subject of one development application, consisting of the following:
The construction of five or more residential units (or three or more units if the housing development is located within the South Centre City Specific Plan);
A subdivision or common interest development (commonly known as condominiums) consisting of five or more residential units or unimproved lots; or
A project to either substantially rehabilitate and convert an existing commercial building to residential use, or substantially rehabilitate an existing two family or multiple-family dwelling structure, where the result of rehabilitation would be a net increase in available residential units.
means an incentive offered by the city that is of equivalent financial value based upon the land cost per dwelling unit, and that is offered in lieu of a density bonus.
means such regulatory incentives and concessions as stipulated in Government Code section 65915(k), to include, but not be limited to, the reduction of site development standards or zoning code requirements, approval of mixed use zoning in conjunction with the housing project, or any other regulatory incentive that would result in identifiable cost reductions to enable the provision of housing for the designated income group or qualifying residents.
means the maximum number of residential units permitted on the project site as defined in the zoning ordinance, or the applicable specific plan.
means any unit within the housing development that is not a target unit.
means a residential unit within a housing development that will be offered for rent or sale exclusively to, and that shall be affordable to, the designated income group or qualifying resident, as required by this article and State Density Bonus Law.
means the number of dwelling units in a housing development, excluding the dwelling units added by the density bonus.
(Ord. No. 92-19, § 1, 4-22-92; Ord. No. 94-38, § 1, 12-7-94; Ord. No. 2017-05, § 7, 5-24-17; Ord. No. 2021-10, § 6, 10-27-21)
§ 33-1412 General applicability.
(a)
The provisions of this article shall apply to a housing development of at least five units (or at least three units if the housing development is located within the South Centre City Specific Plan) and where the developer seeks and agrees to construct housing units to be restricted for occupancy by very low, lower, or moderate income households; senior citizens; transitional foster youth, disabled veterans, or homeless persons; or students, as further described in this article.
(b)
Fractional units. When calculating any component of a density calculation pursuant to this article, including calculating a density bonus or the required number of target units, any calculations resulting in fractional units shall be rounded up to the next whole number.
(Ord. No. 92-19, § 1, 4-22-92; Ord. No. 94-38, § 1, 12-7-94; Ord. No. 2017-05, § 7, 5-24-17; Ord. No. 2019-10, § 7, 8-21-19; Ord. No. 2020-07, § 6, 5-6-20; Ord. No. 2021-10, § 6, 10-27-21)
§ 33-1413 Standard incentives for new residential construction.
(a)
The decision-making body shall grant one density bonus, as specified in subsection (b) of this section, and/or incentives or concessions, as set forth in section 33-1414, when a developer of a housing development of at least five units (or at least three units if the housing development is located within the South Centre City Specific Plan) seeks and agrees to construct at least any one of the following. (The density bonus units shall not be included when determining the total number of target units in the housing development.)
(1)
Low income households. A minimum of 10% of the total units of the housing development as restricted and affordable to lower income households, as defined in Health and Safety Code section 50079.5.
(2)
Very low income households. A minimum of 5% of the total units of the housing development as restricted and affordable to very low income households, as defined in Health and Safety Code section 50105.
(3)
Senior citizen housing. A senior citizen housing development or mobile home park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the California Civil Code. For purposes of this subparagraph, "development" includes a shared housing building development and a residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code.
(4)
Moderate income households. A minimum of 10% of the total units in a common interest development as restricted and affordable to moderate income households, as defined in Health and Safety Code section 50093, provided that all units in the development are offered to the public for purchase.
(5)
Transitional foster youth, disabled veterans, homeless persons. A minimum of 10% of the total units of the housing development as restricted for transitional foster youth, as defined in Education Code section 66025.9; disabled veterans, as defined in Government Code section 18541; or homeless persons, as defined in the Federal McKinney-Vento Homeless Assistance Act (42 U.S.C. section 11301 et seq.).
(6)
Student housing. A minimum of 20% of the total units for lower income students in a student housing development that meets the following requirements:
(A)
All units in the student housing development will be used exclusively for undergraduate, graduate, or professional students enrolled currently or in the past six months in at least six units 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 subclause, the developer shall, as a condition of receiving a certificate of occupancy, do any one of the following:
(i)
Provide evidence to the City that the developer 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 subclause 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.
(ii)
Provide evidence to the City that the developer has established a system for confirming its renters' status as students to ensure that all units of the student housing development are occupied with students from an institution of higher education.
(B)
The applicable target units will be used for lower income students, which for purposes of this clause 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 Education Code section 64932.7(k)(1). 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, 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.
(C)
The rent provided in the target units shall be calculated at 30% of 65% of the area median income for a single-room occupancy unit type.
(D)
The development will provide priority for the target units for lower income students experiencing homelessness. A homeless service provider, as defined in Health and Safety Code section 103577(e)(3), or institution of higher education that has knowledge of a person's homeless status, may verify a student's status as homeless for purposes of this subclause.
(E)
For purposes of calculating a density bonus granted pursuant to this subsection, the term "unit" as used in this subsection 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 55 years.
(7)
One hundred percent of the total units in the development, but exclusive of any manager's unit, are for lower income households, as defined by Health and Safety Code section 50079.5, except that up 20% of the total units in the development may be for moderate income households, as defined in Health and Safety Code section 50053.
(b)
Density bonus. When a developer seeks and agrees to construct a housing development meeting the criteria specified in subsection (a) of this section, the decision-making body shall grant a density bonus subject to the following:
(1)
The amount of density bonus to which a housing development is entitled shall vary. The density bonus may be increased according to the percentage of affordable housing units provided above the minimum percentages established in subsection (a) of this section, but shall not exceed 50% except in accordance with subsection (c) of this section or as otherwise authorized by State Density Bonus Law.
(A)
Low income households. For housing developments meeting the criteria of subsection (a)(1) of this section, the density bonus shall be calculated as follows:
Table A Density Bonus for Housing Developments with Units Affordable to Low Income Households | |
|---|---|
Percentage (%) of Low Income Units (Minimum 10% required) | Percentage (%) of Density Bonus to Be Granted (Additional 1.5% bonus for each 1% increase above the 10% minimum) |
10 | 20 |
11 | 21.5 |
12 | 23 |
13 | 24.5 |
14 | 26 |
15 | 27.5 |
16 | 29 |
17 | 30.5 |
18 | 32 |
19 | 33.5 |
20 | 35 |
21 | 38.75 |
22 | 42.5 |
23 | 46.25 |
24 | 50 |
(B)
Very low income households. For housing developments meeting the criteria of subsection (a)(2) of this section, the density bonus shall be calculated as follows:
Table B Density Bonus for Housing Developments with Units Affordable to Very Low Income Households | |
|---|---|
Percentage (%) of Very Low Income Units (Minimum 5% required) | Percentage (%) of Density Bonus to Be Granted (Additional 2.5% bonus for each 1% increase above the 5% minimum) |
5 | 20 |
6 | 22.5 |
7 | 25 |
8 | 27.5 |
9 | 30 |
10 | 32.5 |
11 | 35 |
12 | 38.75 |
13 | 42.5 |
14 | 46.25 |
15 | 50 |
(C)
Senior citizens. For housing developments meeting the criteria of subsection (a)(3) of this section, the density bonus shall be 20% of the number of senior housing units.
(D)
Moderate income households in a common interest development. For housing developments meeting the criteria of subsection (a)(4) of this section, the density bonus shall be calculated as follows:
Table C Density Bonus for Common Interest Developments with Units Affordable to Moderate Income Households | |
|---|---|
Percentage (%) of Moderate Income Units (Minimum 10% required) | Percentage (%) of Density Bonus to Be Granted (Additional 1% bonus for each 1% increase above the 10% minimum) |
10 | 5 |
11 | 6 |
12 | 7 |
13 | 8 |
14 | 9 |
15 | 10 |
16 | 11 |
17 | 12 |
18 | 13 |
19 | 14 |
20 | 15 |
21 | 16 |
22 | 17 |
23 | 18 |
24 | 19 |
25 | 20 |
26 | 21 |
27 | 22 |
28 | 23 |
29 | 24 |
30 | 25 |
31 | 26 |
32 | 27 |
33 | 28 |
34 | 29 |
35 | 30 |
36 | 31 |
37 | 32 |
38 | 33 |
39 | 34 |
40 | 35 |
41 | 38.75 |
42 | 42.5 |
43 | 46.25 |
44 | 50 |
(E)
Transitional foster youth, disabled veterans, homeless persons. For housing developments meeting the criteria of subsection (a)(5) of this section, the density bonus shall be 20% of the number of the type of units giving rise to a density bonus under that subsection.
(F)
Student housing. For housing developments meeting the criteria of subsection (a)(6) of this section, the density bonus shall be calculated as follows:
Table C-1 Density Bonus for Student Housing | |
|---|---|
Percentage (%) of total student housing bedspaces reserved for lower income students (Minimum 20% required) | Percentage (%) of Density Bonus |
20 | 35 |
21 | 38.75 |
22 | 42.5 |
23 | 46.25 |
24 | 50 |
(G)
100% affordable projects. For housing developments meeting the criteria of subsection (a)(7) of this section, the density bonus shall be 80% of the number of units for lower income households. If the housing development is located within one half mile of a major transit stop, the city shall not impose any maximum controls on density.
(c)
Density bonus in excess of 50%. In cases where a developer requests a density bonus in excess of that which is specified in this section, the city council may grant, at its discretion, the requested density bonus, subject to the following:
(1)
The project meets the requirements of this article and State Density Bonus Law.
(2)
The requested density increase, if granted, is an additional density bonus and shall be considered an incentive.
(3)
The city council may require some portion of the additional density bonus units to be designated as target units, at its discretion.
(d)
Granting a lower density bonus. A qualified developer for a density bonus and/or additional incentives and concessions pursuant to subsection (a) of this section may request and accept a lesser density bonus, including no increase in density, and shall still be entitled to those additional concessions or incentives as specified in section 33-1415. No reduction will be allowed in the number of target units required.
(e)
Land donation. When a developer for a tentative subdivision map, parcel map, or other housing development approval donates land to the city to provide a minimum of 10% of the total units for a future housing development, as provided for in this subsection, the developer shall be entitled to a density bonus for the entire development, as follows:
Table D | |
|---|---|
Density Bonus for Land Donation | |
Percentage (%) of Very Low Income Units (Minimum 10% required) | Percentage (%) of Density Bonus to Be Granted (Additional 1% bonus for each 1% increase above the 10% minimum) |
10 | 15 |
11 | 16 |
12 | 17 |
13 | 18 |
14 | 19 |
15 | 20 |
16 | 21 |
17 | 22 |
18 | 23 |
19 | 24 |
20 | 25 |
21 | 26 |
22 | 27 |
23 | 28 |
24 | 29 |
25 | 30 |
26 | 31 |
27 | 32 |
28 | 33 |
29 | 34 |
30 | 35 |
(1)
Additional density bonus. The density bonus stated in Table D shall be in addition to any increase mandated by subsection (a) of this section. The maximum combined density bonus of the mandated and the additional increase shall not exceed 35%. A developer shall be eligible for the density bonus described in this subsection (e) of this section only if all of the following conditions are met:
(A)
Date of donations/transfer. The land is donated and transferred to the city no later than the date of approval of the final subdivision map, parcel map, or housing development application.
(B)
Feasibility of development. The developable acreage, development standards, zoning classification, and general plan land use designation of the land being donated are sufficient to permit construction of the units affordable to very low income households in an amount not less than 10% of the number of residential units of the proposed development.
(C)
Size of land. The transferred land is at least one acre in size or of sufficient size to permit development of at least 40 units, has the appropriate zoning classification and general plan land use designation, and is or will be served by adequate public facilities and infrastructure.
(D)
Discretionary approvals. No later than the date of approval of the final subdivision map, parcel map, or housing development, 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, except that the city may subject the proposed development to subsequent design review to the extent authorized by California Government Code section 65583.2(i) if the design is not reviewed by the city prior to the time of transfer.
(E)
Continued affordability. The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with section 33-1419, which shall be recorded on the property at the time of dedication.
(F)
Transfer to housing developer. The land is transferred to the city or to a housing developer approved by the city.
(G)
Location of land. The transferred land shall be within the boundary of the proposed development or, if the city agrees, within one-quarter (¼) mile of the boundary of the proposed development.
(H)
Financing. 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 permit.
(2)
Condition of development. Nothing in this subsection (e) shall be construed to enlarge or diminish the authority of the city to require a developer to donate land as a condition of development.
(Ord. No. 92-19, § 1, 4-22-92; Ord. No. 94-38, § 1, 12-7-94; Ord. No. 2017-05, § 7, 5-24-17; Ord. No. 2021-10, § 6, 10-27-21; Ord. No. 2023-06, § 3, 3-8-23; Ord. 2025-01, 5/7/2025)
§ 33-1414 Alternative or additional incentives and concessions for housing developments.
(a)
When a developer requests a density bonus and/or incentives or concessions pursuant to section 33-1413, the decision-making body shall grant incentives or concessions, subject to the following:
(1)
Number of incentives/concessions.
(A)
The developer shall receive the following number of incentives or concession based upon the minimum percentage of total units to be restricted as target units:
Table E Number of Incentives/Concessions | |
|---|---|
Number of Incentives/Concessions | Percentage (%) of Target Units (Minimum required) |
1 Incentive/Concession | 5% for very low income households |
10% for lower income households and 20% for lower income student housing | |
10% for moderate income persons or families in a development in which the units are for sale | |
2 Incentives/Concessions | 10% for very low income households |
17% for lower income households and 23% for lower income student housing | |
20% for moderate income persons or families in a development in which the units are for sale | |
3 Incentives/Concessions | 15% for very low income households |
24% for lower income households | |
30% for moderate income persons or families in a development in which the units are for sale | |
4 Incentives/Concessions | 16% for very low income households |
45% for moderate income persons or families in a development in which the units are for sale | |
5 Incentives/Concessions | 100% of all units, including density bonus units, but exclusive of managers units are for lower income households, as defined by Section 50079.5 of the Health and Safety Code, except that up to 20% of the units in the development, including total units and density bonus units, may be for moderate-income households, as defined in Section 50053 of the Health and Safety Code. For purposes of this subparagraph, "development" includes a shared housing building development. If the project is located within one-half mile of a major transit stop or is located in a very low vehicle travel area as defined in Section 65915(o)(10) of the Government Code in a designated county, the applicant shall also receive a height increase of up to three additional stories, or 33 feet if requested. |
(2)
Incentives/concessions. An incentive or concession may include any of the following:
(A)
Development, design, and zoning code requirements. A reduction or waiver of site development standards, modification of zoning code, or architectural design requirements that exceed the minimum building standards approved by the California Building Standards, including, but not limited to, a reduction in minimum lot size, setback requirements, and/or in the ratio of vehicular parking spaces that would otherwise be required. Any waiver or reduction from the applicable development standards that is necessary to implement the density and incentives/concessions to which the developer is entitled under this subsection (a) shall not serve to reduce or increase the number of incentives/concessions.
(B)
Mixed use development. Approval of mixed use residential development in areas not permitted if: (i) commercial, office, industrial or other land uses will reduce the cost of the housing development; and (ii) the commercial, office, industrial or other land uses are compatible with the housing development and the existing or planned future development in the area where the project will be located.
(C)
Excess density bonus. A density bonus in excess of more than that which is specified in section 33-1413(b) and in compliance with section 33-1413(c).
(D)
Other. Other regulatory incentives or concessions proposed by the developer that result in identifiable, financially sufficient, and actual cost reductions that contributes to the economic feasibility of the project.
(E)
Financial incentives. The city council may, but is not required to, provide direct financial incentives, including direct financial aid in the form of a loan or grant, the provision of publicly owned land, or the waiver of fees or dedication requirements.
(3)
Nothing in this section shall be construed to require the city to grant a concession or incentive if the city finds that the proposed concession or incentive is not required to achieve the required affordable housing costs or rents, would cause a public health or safety problem, would cause an environmental problem, would harm historical property, or would otherwise be contrary to law.
(4)
A developer shall be ineligible for concessions or incentives when the housing development is proposed on any property that includes rental dwelling units that are—or if the units have been vacated or demolished, within the five year period preceding the housing development application—subject to a recorded covenant, ordinance, or law that restricts rents to affordable levels or is subject to any other form of rent or price control, or occupied by very low households or low income households, unless the proposed housing development replaces those units and meets the requirements of Government Code section 65915(c)(3).
(Ord. No. 92-19, § 1, 4-22-92; Ord. No. 94-38, § 1, 12-7-94; Ord. No. 2017-05, § 7, 5-24-17; Ord. No. 2019-10, § 7, 8-21-19; Ord. No. 2020-07, § 6, 5-6-20; Ord. No. 2021-10, § 6, 10-27-21; Ord. 2025-01, 5/7/2025)
§ 33-1415 Condominium conversions.
(a)
Income requirements. The decision-making body shall grant either a density bonus or in-lieu incentives of equivalent financial value, as set forth in section 33-1414, to a developer proposing to convert apartments to condominiums as otherwise in compliance with the Escondido Municipal Code, and who agrees to provide the following:
(1)
Low or moderate income. A minimum of 33% of the total units of the proposed condominium project as restricted and affordable to low or moderate income persons or families; or
(2)
Low income. A minimum of 15% of the total units of the proposed condominium project as restricted and affordable to low income households.
(b)
Density bonus. For housing development projects meeting the criteria of subsection (a) of this section, the density bonus shall be 25% over the number of apartments, to be provided within the existing structure or structures proposed for conversion.
(c)
Calculating the target units. In determining the number of target units to be provided pursuant to the standards of this section, the number of apartment units within the existing structure or structures proposed for conversion shall be multiplied by the percentage of units to be offered exclusively to the designated income group, as required by subsection (a) of this section. The density bonus units shall not be included when determining the total number of target units required to qualify for a density bonus.
(d)
Granting a lower density bonus. In cases where a density increase of less than 25% is requested, no reduction will be allowed in the number of target units required.
(e)
Other incentives. For purposes of this section, "other incentives of equivalent financial value" shall not be construed to require the city to provide monetary compensation, but may include the waiver or reduction of requirements that might otherwise apply to the proposed condominium conversion project at the sole discretion of the decision-making body.
(f)
Ineligibility. A developer proposing to convert apartments to condominiums shall be ineligible for a density bonus or in-lieu incentives under this section if the apartments proposed for conversion constitute a housing development for which a density bonus or in-lieu incentives were previously provided under this article.
(g)
Affordable housing agreement as a condition of development. An affordable housing agreement for all condominium conversion proposals that request a density bonus or in-lieu incentives shall be processed concurrently with any other required project development application (e.g., tentative maps, parcel maps, design review, conditional use permits), and shall be made a condition of the discretionary permits, and execution of such agreement shall be required prior to the issuance by the city of a building permit for the development. The affordable housing agreement shall be consistent with section 33-1420.
(h)
No requirement to approve conversion. Nothing in this section shall be construed to require that the city approve a proposal to convert apartments to condominiums.
(Ord. No. 2020-07, § 6, 5-6-20; Ord. No. 2021-10, § 6, 10-27-21)
§ 33-1416 Housing with child care facilities.
(a)
When a developer proposes to construct a housing development that conforms to the requirements of section 33-1413(a), and includes a child care facility that will be located on the premises of, as part of, or adjacent to, the project, the following provisions shall apply:
(1)
Bonus or incentive/concession. The decision-making body shall grant either of the following:
(A)
Density bonus. 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 child care facility; or
(B)
Incentive/concession. An additional incentive or concession that contributes significantly to the economic feasibility of the construction of the child care facility.
(2)
Conditions of approval. The decision-making body shall require, as a condition of approval of the housing development, that the following occur:
(A)
Period of operation for child care facility. The child care facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the target units are required to remain affordable, pursuant to section 33-1418; and
(B)
Income requirements. The percentage of children who are of very low, lower, or moderate income households shall be equal to or greater than the percentage of dwelling units that are required for very low, lower, or moderate income households pursuant to section 33-1413(a).
(3)
Findings to deny bonus or incentive/concession. Notwithstanding any requirement of this section, the decision-making body shall not be required to provide an additional density bonus, incentive, or concession for a child care facility if it finds, based on substantial evidence, that the community has an adequate number of child care facilities.
(Ord. No. 92-19, § 1, 4-22-92; Ord. No. 94-38, § 1, 12-7-94; Ord. No. 2017-05, § 7, 5-24-17; Ord. No. 2019-10, § 7, 8-21-19; Ord. No. 2021-10, § 6, 10-27-21)
§ 33-1417 Affordable and senior housing standards.
(a)
Concurrent development. Target units shall be constructed concurrently with nonrestricted units unless both the city and the developer agree within the affordable housing agreement to an alternative schedule for development. If the development proposes a phased building plan, a proportionate share of target units shall be constructed in each phase. Otherwise, the city shall not issue building permits for more than 50% of the nonrestricted units until the city has issued building permits for all of the target units, and the city shall not approve any final inspections or issue any certificates of occupancy for more than 50% of the market rate units until the city has issued certificates of occupancy for all of the affordable units.
(b)
Location and dispersal of units. Target units and density bonus units shall be built on site (within the boundary of the proposed development) and when practical, be dispersed within the housing development.
(c)
Off-site alternative. Circumstances may arise in which the public interest would be served by allowing some or all of the designated target units to be produced and operated at a development site different from the site of the associated housing development, also known as an off-site alternative. Where the city and the applicant form such an agreement, both the associated target and nonrestricted units of the housing development shall be considered a single housing development for the purposes of this article, and the applicant shall be subject to the same requirements of this article pertinent to the target units to be provided at an off-site alternative.
(d)
Bedroom unit mix. The housing development shall include a mix of target units (by number of bedrooms) in response to the affordable housing demand priorities of the city as may be identified within the city's housing element or consistent with the unit mix of nonrestricted units. The number of bedrooms in the target units shall at least equal the minimum number of bedrooms of the nonrestricted units. For non-senior projects involving five to nine units (or three to nine units if the project is located within the South Centre City Specific Plan), exclusive of the target units, and that receive incentives in addition to the minimum required by State Density Bonus Law, all target units shall have at least two bedrooms. For non-senior projects involving 10 or more units, exclusive of the target units, and that receive incentives in addition to the minimum required by State Density Bonus Law, at least 33% of the target units shall have at least three bedrooms, or a ratio deemed acceptable by the city.
(e)
Compliance with development standards and codes. Housing development projects shall comply with all applicable development standards, except those that may be modified as an incentive or concession or will have the effect of physically precluding the construction of a development providing the target units at the densities or with the concessions or incentives permitted by section 33-1414, or as otherwise provided for in this article.
(f)
Design consistency. The design and appearance of the target units shall be consistent or compatible with the design of the total housing development in terms of appearance, materials, and finished quality.
(g)
Parking. Upon the request of the developer, the parking ratio (inclusive of handicap and guest parking) for a housing development that conforms to the requirements of section 33-1413(a) shall not exceed the ratios specified in Table F. Such request and application of this parking ratio shall not be considered an incentive/concession pursuant to section 33-1414. If the developer does not request the parking ratios specified in Table F or the project does not conform to the requirements of section 33-1413(a), the parking standards of the applicable zone shall apply.
(1)
Fractional parking spaces. 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.
(2)
Tandem and uncovered parking. For purposes of this section, a housing development may provide "on-site" parking through tandem parking or uncovered parking, but not through on-street parking.
(3)
Additional parking incentives/concessions. The developer may request additional parking incentives or concessions beyond those provided in this section, as specified in section 33-1414.
Table F | |
|---|---|
Parking Ratio for Housing Development Projects | |
Dwelling Unit Size | On-Site Parking Ratio (Inclusive of Handicapped and Guest Parking) |
0–1 bedrooms | 1 space per unit |
2–3 bedrooms | 2 spaces per unit |
4 or more bedrooms | 2.5 spaces per unit |
(h)
Waiver/reduction of development standards. Any waiver or reduction from the applicable development standards shall be limited to those necessary to implement the density and incentives/concessions to which the developer is entitled under section 33-1413.
(1)
Adverse impact. Nothing in this section shall be construed to require that the city waive or reduce development standards that would have an adverse impact upon the health, safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. Adverse impact is defined in section 65589.5(d)(2) of the California Government Code and any subsequent amendments and revisions thereto.
(2)
Historical resources and conflict with law. Nothing in this section shall be construed to require that the city 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 state or federal law.
(i)
Prequalification. All households for target units must be prequalified by the developer prior to such households moving into a target unit by a process mandated by the city. The prequalification process for target households shall certify the income level of the prospective tenant household, and advise the household of affordable housing costs, if applicable. These standards will be made available to the applicant by the city. The property owner shall not charge the applicant for the initial prequalification review. If, after performing the necessary verification, the prospective tenant qualifies as a very low, low, or moderate income household, the city shall issue a certificate to the applicant and the property owner verifying the income level and eligibility to rent or own the unit.
(j)
Reporting. By May 31 of each calendar year, the developer shall provide the housing division an accounting of the previous calendar year, including the following:
(1)
Total units occupied for any part of the previous year by bedroom size;
(2)
Total units vacant for any part of the previous year by bedroom size;
(3)
Total units occupied by target households by bedroom size;
(4)
For each very low, low, or moderate income target unit, the total monthly housing costs advertised and/or paid; and
(5)
Any other pertinent information deemed appropriate by the city upon approval of the project.
(k)
Enforcement. Default by the property owner is unlawful and is a misdemeanor. Each applicable unit shall be considered a separate violation. Such violation shall be punishable by a fine, not exceeding $1,000, or by imprisonment in the County Jail for a period not exceeding six months, or both. In addition, the city shall have the right to prohibit the property owner from leasing any non-restricted unit that becomes vacant until the owner remedies the default. Until the default is remedied, no such unit shall thereafter be rented until the property owner presents sufficient evidence to the housing division that the prospective tenant qualifies as a target household. Additionally, the average monthly default units shown on the audit report for the previous year shall be added to the units to be set aside during the next succeeding reporting period, if applicable.
(Ord. No. 2021-10, § 6, 10-27-21)
§ 33-1418 Affordability tenure.
(a)
Lower and very Low income housing. All target units for lower and very low income households shall remain restricted and affordable to the designated group for a period not less than 55 years, or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental financing subsidy program.
(b)
Moderate income. All target units for moderate income persons or families shall be initially occupied by the designated group and offered at an allowable housing expense. The target units shall be subject to an equity sharing agreement, as set forth by State Density Bonus Law, unless in conflict with the requirements of another public funding source or law.
(Ord. No. 2021-10, § 6, 10-27-21)
§ 33-1419 Application requirements and review.
(a)
Preliminary application. A developer proposing a housing development pursuant to this article may submit a voluntary preliminary application prior to the submittal of any formal request for approval. Developers are encouraged to schedule a preapplication conference with designated staff of the community development department to discuss and identify potential application issues, including prospective incentives or concessions pursuant to section 33-1413.
(b)
Application. The developer shall submit an affordable housing application, which will be treated as part of any other required development application, requesting a density bonus and/or incentive(s) or concession(s), pursuant to this article. Pursuant to Government Code section 65915(a)(2), the applicant shall provide reasonable documentation to establish eligibility for a requested density bonus and/or incentive(s) or concession(s). The proposed housing development may require other project development application(s) (e.g., tentative map, parcel map, design review, and conditional use permits). Under such circumstances, the affordable housing application shall be processed concurrently.
(c)
Approval of an application. When a project involves a request for a density bonus, incentive(s) or concession(s), or in-lieu incentives, the decision-making body shall make a written finding, as part of the approval of the development application required for the project or as part of the approval of the affordable housing agreement, that the project is consistent with the provisions of this article. The granting of an incentive/concession shall not, in and of itself, require a general plan amendment, zoning code amendment, or any other discretionary approval.
(d)
Denial of application. In rejecting such development application, the decision-making body shall make written findings in compliance with Government Code Section 65589.5(b) and based upon substantial evidence in the record.
(Ord. No. 2021-10, § 6, 10-27-21)
§ 33-1420 Affordable housing agreement.
(a)
Execution of agreement. Developers requesting a density bonus, incentive(s) or concession(s), or in-lieu incentives pursuant to this article shall demonstrate compliance with this article by executing an affordable housing agreement with the city in a form approved by the city attorney.
(b)
Recordation. Following execution of the affordable housing agreement by all parties, the completed affordable housing agreement, with the approved site development plan, shall be recorded against the entire development, including nonrestricted lots/units; and the relevant terms and conditions therefrom filed and recorded as a deed restriction or regulatory agreement on those individual lots or units of a property that are designated for the location of target units. The approval shall take place prior to final map approval, and recordation shall occur concurrent with the final map recordation, or where a map is not being processed, prior to issuance of building permits for such parcels or units. The affordable housing agreement shall be binding to all future owners and successors in interest.
(c)
Provisions. The affordable housing agreement shall set forth the conditions and guidelines to be met in the implementation of this article and shall include, but not be limited to, the following:
(1)
Number of units. The number of total residential units and the density bonus and target units approved for the housing development;
(2)
Term of affordability. The number of years the occupancy and affordability restrictions for target units remain in place;
(3)
Phasing schedule. A schedule of production and occupancy of target units;
(4)
Incentives/concessions. A description of the incentive(s), concessions, or in-lieu incentives of equivalent financial value being provided by the city;
(5)
Operation and maintenance. The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies, operating and maintaining target units for qualified tenants;
(6)
Ongoing monitoring. Provisions requiring developers to demonstrate compliance with this article;
(7)
Initial sale. Where applicable, tenure and conditions governing the initial sale of for-sale target units;
(8)
Remedies. A description of remedies for breach of the agreement by either party;
(9)
Other provisions for compliance. Other provisions as the city may require to ensure implementation and continued compliance with this article and the State Density Bonus Law.
(Ord. No. 2021-10, § 6, 10-27-21)
§ 33-1421 Agreement processing and administrative fee.
Over the minimum tenure of projects containing target units, the city will either directly or, via oneor more third parties, provide for the preparation and/or review of all affordable housing agreements and recurring services associated with the administration and monitoring of such units. The city council may establish an administrative fee to fully recover the costs associated with such administration and monitoring, the amount of which shall be established by ordinance of the city council.
(Ord. No. 2021-10, § 6, 10-27-21)
§ 33-1422 Noticing and procedural requirements for expiring rental restrictions.
(b)
Notices to prospective and new tenants. All prospective and new tenants to the housing development shall be provided at the time of their application for tenancy a copy of all notices issued per this section to existing tenants.
(c)
Notices to the City of Escondido and state. The developer shall provide a copy of all notices consistent with California Government Code Sections 65863.10 through 65863.13 in anticipation of the expiration of affordable housing restrictions to the City of Escondido Community Development Department and the State Department of Housing and Community Development.
(d)
First class mailed notices. All notices to affected tenants, the City of Escondido, and the State Department of Housing and Community Development shall be sent by first-class mail postage prepaid.
(Ord. No. 2021-10, § 6, 10-27-21)
§ 33-1423 Interpretation.
(a)
If any conflict exists between this article and any other land use ordinance, regulation, resolution, policy, or prior decision of the city, this article shall control all applicable land use applications that do not have final approval on the effective date of this article.
(b)
This article shall be interpreted liberally in favor of producing the maximum number of total housing units, pursuant to the intent and requirements of State Density Bonus Law.
(Ord. No. 2021-10, § 6, 10-27-21)