The purpose of this chapter is to provide incentives for the production of housing for lower income households (which, as set forth in California Health and Safety Code Section 50079.5(b), includes very low and extremely low income households) and senior households in accordance with Sections 65915 through 65917 of the California Government Code. Section 65915 directs the town to provide density bonuses and/or other concessions or incentives under certain circumstances, as set forth in Section 65915 et seq., in order to encourage the construction of low income housing. (Density bonuses essentially allow more units per acre than would otherwise be permitted. Other concessions or incentives, for example, could include the reduction or waiver of permit fees and/or utility fees and/or the provision of financial assistance in constructing public improvements.) Section 65915 also directs the town to adopt an ordinance specifying how the town will comply with these provisions.

(Ord. 648 § 12, 2003)

The town may grant a density bonus for projects meeting the requirements of California Government Code Section 65915.

(Ord. 648 § 12, 2003)

(Ord. No. 688, § 4, 6-14-2010)

A.

Any person wishing to apply for a density bonus and/or other incentives or concessions under Government Code Section 65915 (hereinafter "applicant") shall make a preliminary application in writing to the director of building and planning. The application shall identify what specific measures (e.g. modifications to standards, density bonus, or fee subsidies) the applicant is requesting.

B.

The applicant shall provide all information available to the applicant that is necessary to determine if the proposed development comes within the provisions of Section 65915.

C.

The building and planning director shall provide to the applicant a letter identifying project issues of concern, the financial assistance that may be available, and the procedures for compliance with this chapter.

(Ord. 648 § 12, 2003)

(Ord. No. 688, § 4, 6-14-2010)

A.

The applicant shall submit to the director of building and planning a final application including the following:

1.

A legal description of the site proposed for development;

2.

A statement of present ownership;

3.

A letter signed by the property owner stating what incentives, if any, are being requested from the town;

4.

A detailed vicinity map;

5.

Site plans designating the total number of units proposed on the site, including the number of density bonus units, and any other supporting plans requested by the city planner;

6.

In the case of a request for any incentive(s), a pro forma for the proposed project to justify the request; and

7.

Any other materials deemed necessary by the city planner in order for the city council to make a decision on the application.

B.

The director of building and planning shall process the application in conjunction with the related environmental assessment, if any, and the subdivision map application, which shall be processed by the city engineer according to the provisions of Title 16 of this Code. Both applications shall be scheduled for consideration by the city council at the same meeting.

C.

The city council shall evaluate the application based on the following criteria:

1.

The potential for the density bonus project to achieve the town's affordable housing goals as set forth in the housing element of the general plan;

2.

The extent to which requested incentives or concessions are necessary to make the project economically feasible;

3.

The compatibility of the project's development pattern with other land uses in the vicinity; and,

4.

The project's compliance with the town's general plan, zoning, and development policies.

D.

The city council shall grant the incentives or concessions unless the city council makes a written finding pursuant to Section 65915(d)(1).

E.

A density bonus housing agreement shall be made a condition of the discretionary permits (e.g. tentative maps, parcel maps, development permits) for all housing developments for which a density bonus and/or additional incentives have been approved. The agreement shall be filed and recorded as a deed restriction on the property. The town shall provide periodic monitoring of compliance with the provisions of the deed restriction.

(Ord. 648 § 12, 2003)

(Ord. No. 688, § 4, 6-14-2010)