The City shall grant a density bonus, in the amount specified in Section 9-3.3405, to an applicant who proposes a housing development consisting of five or more residential units and meeting at least one of the following criteria:

An applicant is not eligible for a density bonus, or any other incentives or concessions under this article, for a proposed housing development involving a property containing existing affordable housing, unless:

A target unit shall be restricted and affordable to the designated income group qualifying the development for a density bonus pursuant to Section 9-3.3403.

The affordable units must be proportional to the overall project in terms of unit mix, floor plan, square footage, and exterior design. For the purposes of this section, the project's income restricted units would be considered proportional to square footage if they are at least 80% of the average square footage of all market rate units in the development with the same bedroom count. Further, the range of affordable units must be reasonably dispersed throughout the development.

Target units shall be constructed concurrently with market-rate units or pursuant to a schedule included in the density bonus housing agreement. No temporary or permanent certificate of occupancy for any new market-rate unit in a housing development or for commercial space in a commercial development shall be issued until permanent certificates of occupancy have been issued for the required target units unless explicitly permitted by the density bonus housing agreement or partnered housing agreement. If a development project is to be phased, the target units shall be phased in the same proportion as the market rate units, or as set forth in a schedule included in the density bonus housing agreement or partnered housing agreement.

The time period of availability to the intended population shall be for at least 55 years. A longer period of availability may be required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program.

The maximum allowable rents shall be determined by a formula designated by the State Department of Housing and Community Development based on the area median income. This formula is indicated in Section 65915(c) of the California Government Code.

Owner occupied units shall be available at affordable housing costs, as defined in Section 50052.5 of the California Health and Safety Code.

For sale affordable units may be subject to an equity sharing agreement, in the event that public subsidies are involved in the construction and/or purchase of said units.

The owner of the affordable units for which a density bonus was granted must provide to the City a yearly accounting of the total units occupied, the total units vacant, the total units occupied by lower or very low-income households, the total number of units occupied by Senior Citizens and the total units required to be set aside under all applicable affordability covenants.

A housing development that complies with the eligibility requirements in Section 9-3.3403 shall be entitled to a density bonus as follows, unless a lesser percentage is proposed by the applicant:

All density calculations resulting in fractional units shall be rounded up to the next whole number, unless otherwise indicated.

The granting of a density bonus shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval.

An applicant may elect to accept a lesser percentage of density bonus.

The calculations herein are in accordance with Government Code Section 65915 and are subject to any subsequent amendments or revisions thereto.

Each housing development is entitled to only one density bonus mandated by this section. If a housing development qualifies for a density bonus under more than one income category or additionally as senior housing or as housing intended to serve transitional foster youth, disabled veterans, or homeless persons, the applicant shall select the category under which the density bonus is granted. Density bonuses from more than one category may not be combined.

When an applicant for a tentative subdivision map, parcel map, or other residential zoning entitlement development donates land to the City for the purpose of constructing affordable housing, the applicant shall be entitled to a 15% increase above the maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan for the entire development as follows:

The increase in density set forth in this section for land donation shall be in addition to any increase in density mandated by Section 9-3.3403 up to a maximum combined mandated density increase of 35%, if an applicant seeks both density increases.

Nothing in this section shall be construed to enlarge or diminish the authority of the City to require a developer to donate land as a condition of development.

An applicant shall be eligible for the increased density bonus described in this section if all of the following conditions are met:

When an applicant proposes to construct a housing development that conforms to the density bonus requirements of Section 9-3403, and includes a child care facility other than a large or small family day care home that will be located on the premises of, as part of, or adjacent to the project, the development shall be eligible for the following additional bonus and incentives.

City shall grant to eligible housing developments either of the following:

The City shall require, as a condition of approving the housing development that the following occur:

Notwithstanding the above requirements, the City shall not be required to provide a density bonus or concession for a child care facility in compliance with this section if it finds, based upon substantial evidence, that the community has adequate child care facilities.

The City shall grant either a density bonus or other incentives of equivalent financial value if the applicant for a condominium conversion agrees to provide 33% of the total units of the proposed condominium project as target units affordable to lower or moderate income households, or to provide 15% of the total units in the condominium conversion project as target units affordable to lower income households, and to provide any replacement affordable units required by Section 9-3.3403. All such target units shall remain affordable for the period specified in Section 9-3.3404.

For purposes of this section, a "density bonus" means an increase in units of 25% over the number of apartments to be provided within the existing structure or structures proposed for conversion. "Other incentives of equivalent financial value" shall not be construed to require the City to provide a cash transfer payment or other monetary compensation of any type but may include, at the City's discretion, modification of requirements that the City might otherwise apply as conditions of approval.

No condominium conversion shall be eligible for a density bonus if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentives were previously provided pursuant to this article or California Government Code Section 65915.

Nothing in this section shall be construed to require the City to approve a condominium conversion.

Nothing in this article shall be construed to prohibit the City from granting a density bonus greater than what is described in this article for a development that meets the requirements of this article, or from granting a proportionately lower density bonus than what is required by this article for developments that do not meet the requirements of this article.

Circumstances may arise in which the public interest would be served by allowing some or all of the target units associated with one housing development to be produced and operated at an alternative development site. Where the developer and the City form such an agreement, the resulting linked developments shall be considered a single housing development for purposes of this article. Under these circumstances, the developer shall be subject to the same requirements of this article for the target units to be provided on the alternative site.

An applicant for a density bonus in compliance with this article may submit to the City a proposal for the specific incentives or concessions listed in subsection (c) of this section that the applicant requests in compliance with this section, and may request a meeting with the Community and Economic Director or his or her designee. The applicant may file a request either before filing an application for City approval of a proposed project or concurrently with an application for project approval.

The applicant shall receive the following number of incentives or concessions:

The City shall grant an incentive or concession request that complies with this section unless the City makes either of the following findings in writing, based upon substantial evidence:

This section does not limit or require the provision of direct financial incentives for the housing development, including the provision of publicly owned land, by the City, or the waiver of fees or dedication requirements.

The granting of a concession or incentive shall not be interpreted, in and of itself, to require a General Plan amendment, Zoning Map amendment, or other discretionary approval.

An applicant may submit to the City a proposal for the waiver or reduction of development standards that will have the effect of physically precluding the construction of a development meeting the criteria of 9-3.3403 at the densities or with the concessions or incentives permitted under this article, and may request a meeting with the City.

Nothing in this section shall be interpreted to require the City to waive or reduce development standards if the waiver or reduction would have a specific, adverse impact, as defined in California 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.

Nothing in this section shall be interpreted to require the City to 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.

A proposal for the waiver or reduction of development standards pursuant to this section shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to this article.

Upon the request of the applicant, the City will not require a vehicular parking ratio, inclusive of handicapped and guest parking, of a development meeting the criteria of Section 9-3.3403 that exceeds the following ratios:

The applicant may apply for a vehicular parking ratio, inclusive of handicapped and guest parking, that does not exceed .5 onsite parking spaces per bedroom, for a development meeting the criteria of Section 9-3.3403, that is located within .5 miles of a major transit stop, and has unobstructed access to the major transit stop.

The applicant may apply for a vehicular parking ratio, inclusive of handicapped and guest parking, that does not exceed.5 onsite parking spaces per unit for a development that consists solely of rental units (exclusive of a manager's unit) with an affordable housing cost to lower income households, and is either:

The applicant may apply for a vehicular parking ratio, inclusive of handicapped and guest parking, that does not exceed .3 onsite parking spaces per unit, for a development that consists solely of rental units (exclusive of a manager's unit) with an affordable housing cost to lower income households, and is a special needs housing development, and has either paratransit service, or unobstructed access to a fixed bus route service that is within .5 miles and operates at least eight times per day.

If the total number of parking spaces required for a development is other than a whole number, the number will be rounded up to the next whole number. For purposes of this section, a development may provide "onsite parking" through tandem parking or uncovered parking, but not through on-street parking.

This section applies to a development that meets the requirements of Section 9-3.3403, but only at the request of the applicant. An applicant may request additional parking incentives or concessions beyond those provided in this section, subject to Section 9-3.3410.

Notwithstanding subsections (b), (c) and (d), if the City or an independent consultant has conducted an area-wide or jurisdiction-wide parking study in the last seven years, then the City may impose a higher vehicular parking ratio, not to exceed the ratio described in subsection (a), based upon substantial evidence found in the parking study that includes an analysis of parking availability, differing levels of transit access, walkability access to transit services, the potential for shared parking, the effect of parking requirements on the cost of market-rate and subsidized developments, and the lower rates of car ownership for low and very low income individuals, including seniors and special needs individuals. The City will pay the costs of any new study. The City may make findings, based on a parking study completed in conformity with this section, supporting the need for the higher parking ratio.

An application for a density bonus, incentive, concession, waiver, modification, modified parking standard, or commercial development bonus pursuant to this article shall be submitted with the first application for approval of a housing development or commercial development and processed concurrently with all other applications required for the housing development or commercial development. An applicant shall be informed whether the application is complete consistent with Government Code Section 65943.

The application shall be submitted on a form prescribed by the City including all applicable fees for processing the application, and shall include at least the following information:

In accordance with State law, neither the granting of a concession or incentive, nor the granting of a density bonus, shall be interpreted, in and of itself, to require a general plan amendment, zoning change, variance, or other discretionary approval.

The review process for a density bonus project shall be the same as that required for associated discretionary permits. Discretionary actions on density bonus projects shall be subject to the same appeal process applied to associated discretionary permits.

The application and approval of a density bonus and any associated incentives or concessions shall not require a separate permit or approval process from that otherwise required for the same project without a density bonus request.

The granting of a density bonus shall not, in and of itself, require a general plan amendment, local coastal plan amendment, zone change, or other discretionary action, including the otherwise required conditional use permit necessary to exceed the base density of a given General Plan Land Use designation category or zoning district.

Applicants requesting a density bonus shall enter into a density bonus housing agreement with the City in a form approved by the City Attorney.

Following execution of the agreement by all parties, the completed density bonus housing agreement, or memorandum thereof, shall be recorded and the conditions therefrom filed and recorded on the parcel or parcels designated for the construction of target units. The approval and recordation shall take place prior to final map approval, or, where a map is not being processed, prior to issuance of building permits for such parcels or units. The density bonus housing agreement shall be binding to all future owners and successors in interest.

When an applicant for approval of a commercial development has entered into an agreement for partnered housing to contribute affordable housing through a joint project or two separate projects encompassing affordable housing, the City will grant the commercial developer a development bonus as described in this section.

The commercial developer must enter into an agreement for partnered housing between a commercial developer and a housing developer that is approved by the City, and identifies how the commercial developer will contribute affordable housing within the City. The commercial developer must partner with a housing developer partner that provides no less than either 30% of the total units for low-income households or 15% of the total units for very low-income households.

The commercial developer may contribute affordable housing by directly building the affordable housing units, donating property to the affordable housing developer as a site for affordable housing, making a cash payment to the affordable housing developer for use towards the cost of constructing the affordable housing project.

Housing must be constructed on the site of the commercial development or on a site that meets all of the following:

The development bonus granted to the commercial developer means incentives, mutually agreed upon by the developer and the City, including any of the following:

If construction of the affordable units do not commence within the timelines specified by the agreement for partnered housing, then the City may withhold certificates of occupancy for the commercial development until the construction of the affordable housing units are complete.