The purpose of this chapter is to implement Government Code Section 65915. If any provision of this chapter should conflict with a provision of such statute, the statutory provision shall prevail.

(Ord. No. 2023-08, § 42, 5-18-2023)

Terms defined in Government Code Section 65915 shall have the same meaning in this chapter.

(Ord. No. 2023-08, § 42, 5-18-2023)

A.

The city shall grant a density bonus, the amount of which shall be as specified in Government Code Section 65915(f), as the same may be amended from time to time, and incentives or concessions, the amount of which shall be as specified in Government Code Section 65915(d)(2), as the same may be amended from time to time.

B.

The density bonus units shall not be included when calculating the total number of housing units that qualify the housing development for a density bonus, except as otherwise required by Government Code Section 65915.

C.

The amount of the density bonus shall not exceed the percentages established in Government Code Section 65915.

D.

An applicant shall not receive a density bonus or any other incentive or concession if the housing development would be excluded under Government Code Section 65915, which includes projects that fail to "replace" existing housing units, as required by State law.

(Ord. No. 2023-08, § 42, 5-18-2023)

A.

Applications for a density bonus shall be filed with the Community Development Director on a form approved by the Director.

B.

The density bonus application shall be filed concurrently with the principal application and the applicant shall pay the density bonus application fee, established by the City Council.

C.

The application shall clearly indicate the number of base units allowed by the General Plan and zoning regulations, the number of density bonus units requested, and the number of affordable units that will be included in the proposed project.

D.

The application shall contain reasonable documentation to establish eligibility for a requested density bonus, incentives or concessions, waivers or reductions of development standards, and parking ratios, to the satisfaction of the Community Development Director.

(Ord. No. 2023-08, § 42, 5-18-2023)

A.

The applicant for a density bonus may submit a proposal as part of the density bonus application 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, except as restricted by Government Code Section 65915.

B.

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.

C.

The applicant may request a reduction in parking requirements in accordance with Government Code Section 65915(p), as the same may be amended from time to time.

D.

The city shall approve a waiver or reduction of a development standard, unless it makes one (1) or more of the following findings:

(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 Government Code Section 65589.5(d)(2) 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. No. 2023-08, § 42, 5-18-2023)

The continued affordability requirements of Government Code Section 65915 shall be required for all density bonus applications.

(Ord. No. 2023-08, § 42, 5-18-2023)

A.

For any development project that is granted a density bonus or other benefit pursuant to this chapter, the affordable units shall 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.

B.

All affordable units shall be comparable to market rate units with regard to total square footage, bedroom size, amenities, design, use of materials, finish quality, and exterior appearance.

(Ord. No. 2023-08, § 42, 5-18-2023)

The affordable units that qualify the project as eligible for a density bonus shall be constructed concurrently with or prior to the construction of any market rate units.

(Ord. No. 2023-08, § 42, 5-18-2023)

A.

When an applicant proposes to construct a housing development that conforms to the requirements of Section 9.300.030 and includes a childcare facility that will be located on the premises of, as part of, or adjacent to, the project, the city and the applicant shall adhere to the requirements of Government Code Section 65915(h), as the same may be amended from time to time.

B.

The city shall not be required to provide a density bonus or concession or incentive for a childcare facility if it finds, based upon substantial evidence, that the community has adequate childcare facilities.

(Ord. No. 2023-08, § 42, 5-18-2023)

Appeals of any decision of the Community Development Director pursuant to this chapter shall be heard in compliance with the procedures of Chapter 2.40 (Hearings and Appeals).

(Ord. No. 2023-08, § 42, 5-18-2023)