The purpose of this chapter is to implement Government Code Sections 65915 through 65918. In enacting this chapter, it is the intent of the city council to facilitate the development of housing affordable to very low, low, and moderate income households and senior citizens and to implement the goals and policies of the city's general plan housing element.

(Ord. No. 528, 2-15-2022)

A.

Density bonuses and incentives shall be offered by the city pursuant to the provisions of Government Code Chapter 4.3.

B.

Parking ratios shall be allowed for affordable housing pursuant to the provisions of Government Code Chapter 4.3.

C.

These density bonus and incentives provisions shall be understood to be amended by operation of law in the event and to the extent the state density bonus and other incentives law is amended.

(Ord. No. 528, 2-15-2022)

A.

Process for approval. The density bonus and incentive(s) and concession(s) request shall be considered in conjunction with any necessary development entitlements for the project. The decision-making authority for density bonuses, incentives, and concessions, shall be the city council. In approving the density bonus and any related incentives or concessions, the city and applicant shall enter into a density bonus agreement. The form and content of the density bonus agreement shall be determined by the city.

B.

Approval of density bonus required. The city shall grant the density bonus requested by the applicant provided it is consistent with the provisions of this chapter and state law.

C.

Approval of incentives or concessions required unless denial findings made. The city shall grant the incentive(s) and concession(s) requested by the applicant unless the city makes a written finding, based upon substantial evidence, of either of the following:

1.

The incentive or concession is not required in order to provide for affordable housing costs or affordable rent for the target units.

2.

The incentive or concession would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the California Government Code, upon public health and safety or physical environment or on any real property that is listed in the California Register of Historical Resources and for which the city determines there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low and moderate income households.

3.

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

(Ord. No. 528, 2-15-2022)