Los Banos City Zoning Code
ARTICLE 34
DENSITY BONUSES AND OTHER AFFORDABLE HOUSING INCENTIVES
§ 9-3.3401 Purpose and intent.
This article is intended to provide density bonuses and incentives or concessions for the production of housing that is affordable to the types of households and qualifying residents identified in this article in accordance with Sections 65915 through 65918 of the California Government Code, as amended or superseded. In enacting these provisions, it is the intent of the City of Los Banos to facilitate the development of affordable housing and to implement the requirements of Government Code Section 65915 et. seq., and the goals, objectives, and policies of the Housing Element of the City's General Plan. Where regulations are not specifically addressed in this article or where there are conflicts between these provisions and the provisions of California Government Code Sections 65915 through 65918, the provisions of California Government Code, as they may be amended over time, shall apply.
(§ 2, Ord. 1028, eff. May 6, 2005, as amended by § 275, Ord. 1095, eff. November 20, 2010; § 1, Ord. 1175, eff. December 6, 2019)
§ 9-3.3402 Definitions.
For the purpose of this article, the following meanings and definitions shall apply:
has the definition and meaning set forth in California Health and Safety Code Section 50053.
has the definition and meaning set forth in California Health and Safety Code Section 50052.5.
means a facility other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and school age child care centers as defined by California Government Code Section 65915(h).
means a modification of development standards mutually agreed upon by the City and a commercial developer that is provided to a commercial development eligible for such a bonus pursuant to Section 9-3.3414.
has the definition and meaning set forth in California Government Code Section 65915(k) and means any of the following:
A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable and actual cost reductions, to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in Government Code Section 65915(c).
Approval of mixed-use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located.
Other regulatory incentives or concessions proposed by the developer or the City, that result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in Government Code Section 65915(c).
This definition does not limit or require the provision of direct financial incentives for a housing development, including the provision of publicly owned land, by the City or the waiver of fees or dedication requirements. |
has the definition and meaning set forth in California Civil Code Section 1351.
means a density increase over the otherwise maximum allowable gross residential density under the applicable zoning code provisions and the land use element of the general plan as of the date of application by the applicant to the City.
means a legally binding agreement between a developer and the City to ensure that the requirements of this article are satisfied. The agreement, among other things, shall establish: the number of target units, their size, location, terms and conditions of affordability, and production schedule.
means those residential units granted pursuant to the provisions of this article, which exceed the otherwise maximum residential density of the underlying land use designation and zoning district for the development site.
means the site or construction conditions that apply to a residential development pursuant to any ordinance, general plan element, specific plan, or other city condition, law, policy, resolution or regulation including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an onsite open-space requirement, or a parking ratio as defined by California Government Code Section 65915(o).
has the definition and meaning set forth in California Government Code Section 18541.
means that the replacement units contain at least the same total number of bedrooms as the units being replaced as defined by California Government Code Section 65915(c)(3)(D).
has the definition and meaning set forth in 42 U.S.C. Section 11301 et. seq.
means the sum of actual or projected monthly payments for all of the following associated with for-sale target units: principal and interest on a mortgage loan, including any loan insurance fees, property taxes and assessments, fire and casualty insurance, property maintenance and repairs, homeowner association fees, and a reasonable allowance for utilities.
means any construction projects consisting of five or more residential units, including single-family, multifamily, and mobile homes for sale or rent, pursuant to this article.
has the definition and meaning set and meaning forth in Section 50079.5 of the California Health and Safety Code.
has the definition set forth in California Public Resources Code Section 21155.
means the maximum number of residential units permitted by the City's General Plan Land Use Element and Zoning Ordinance at the time of application, excluding the provisions of this article. If the housing development is within a planned development overlay zone, the maximum residential density shall be determined on the basis of the general plan and the maximum density of the underlying zone.
has the definition and meaning set forth in Section 50093 of the California Health and Safety Code.
means all units within a housing development excluding the target units.
means senior citizens or other persons eligible to reside in senior citizen housing.
has the definition and meaning set forth in California Civil Code Section 51.3.
as defined in the California Government Code Section 65589.5(d)(2), means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. Inconsistency with zoning ordinance or general plan land use designation shall not constitute a specific, adverse impact on public health or safety.
means a dwelling unit within a housing development which will be reserved for sale or rent, and is made available at an affordable rent or affordable ownership cost, to very low, lower, or moderate income households, or is a unit in a senior citizen housing development, or is intended to serve transitional foster youth, disabled veterans, or homeless persons, and which qualifies the housing development for a density bonus and incentives pursuant to Section 9-3.3403 or qualifies a commercial development for a commercial development bonus pursuant to Section 9-3.3413.
has the definition and meaning set forth in California Education Code Section 66025.9.
has the definition and meaning set forth in Section 50105 of the California Health and Safety Code.
(§ 2, Ord. 1028, eff. May 6, 2005, as amended by §§ 275, 277, Ord. 1095, eff. November 20, 2010; § 1, Ord. 1175, eff. December 6, 2019)
§ 9-3.3403 Eligibility for density bonus, incentives, or concessions.
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:
At least 10% of the total units of the housing development as target units affordable to lower income households, as defined in California Health and Safety Code Section 50079.5; or
At least 5% of the total units of the housing development as target units affordable to very low-income households, as defined in California Health and Safety Code Section 50105; or
The project is a senior citizen housing development as defined in California Civil Code Sections 51.3 and 51.12, or is a mobile home park that limits residency based on age requirements for housing older persons in compliance with California Civil Code Sections 798.76 and 799.5; or
At least 10% of the total dwelling units in a common interest development are for persons and families of moderate income, as defined in California Health and Safety Code Section 50093; provided, that all units in the development are offered to the public for purchase; or
At least 10% of the total number of proposed units of housing for transitional foster youth, as defined in Section 66025.9 of the California Education Code, disabled veterans, as defined in Section 18541 of the California Government Code, or homeless persons, as defined in the federal McKinney-Vento Homeless Assistance Act; or
At least 20% of the total number of proposed units for lower income students in a student housing development that meets the requirements, as defined by California Government Code Section 65915.
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:
The proposed housing development replacement units of equivalent size for the existing affordable housing units; and
(§ 2, Ord. 1028, eff. May 6, 2005, as amended by §§ 275, 278, Ord. 1095, eff. November 20, 2010; § 1, Ord. 1175, eff. December 6, 2019)
§ 9-3.3404 Requirements-Continued affordability.
In addition to any other applicable requirements set forth in this article the following requirements shall apply to all developments receiving a density bonus pursuant to this article.
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.
(§ 2, Ord. 1028, eff. May 6, 2005, as amended by §§ 275, 280, Ord. 1095, eff. November 20, 2010; § 1, Ord. 1175, eff. December 6, 2019)
§ 9-3.3405 Calculation of density bonus.
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:
Bonus for units for lower income households. A housing development that is eligible for a bonus in compliance with the criteria in Section 9-3.3403(a)(1) (10% of units for lower income households) shall be entitled to a density bonus calculated as follows:
BONUS FOR LOWER INCOME HOUSEHOLDS | |
|---|---|
Percentage Lower Income Units Proposed | Percentage Density Bonus |
10 | 20 |
11 | 21.5 |
12 | 23 |
13 | 24.5 |
14 | 26 |
15 | 27.5 |
17 | 30.5 |
18 | 32 |
19 | 33.5 |
20 | 35 |
Bonus for units for very low-income households. A housing development that is eligible for a bonus in compliance with the criteria in Section 9-3.3403(a)(2) (5% of units for very low-income households) shall be entitled to a density bonus calculated as follows:
BONUS FOR VERY LOW-INCOME HOUSEHOLDS | |
|---|---|
Percentage Very Low-Income Units Proposed | Percentage Density Bonus |
5 | 20 |
6 | 22.5 |
7 | 25 |
8 | 27.5 |
9 | 30 |
10 | 32.5 |
11 | 35 |
Bonus for senior citizen development. A housing development that is eligible for a bonus in compliance with the criteria in Section 9-3.3403(a)(3) (senior citizen development or mobile home park) shall be entitled to a density bonus of 20%.
Bonus for moderate-income units in common interest development. A housing development that is eligible for a bonus in compliance with the criteria in Section 9-3.3403(a)(4) (10% of units in a common interest development for persons and families of moderate income) shall be entitled to a density bonus calculated as follows:
BONUS FOR MODERATE-INCOME HOUSEHOLDS | |
|---|---|
Percentage Moderate-Income Units Proposed | Percentage Density Bonus |
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 |
Bonus for transitional foster youth, disabled veterans, or homeless persons development. A housing development that is eligible for a bonus in compliance with the criteria in Section 9-3.3403(a)(5) (transitional foster youth, disabled veterans, or homeless persons) shall be entitled to a density bonus of 20%.
Bonus for lower income students in a student housing development. A housing development that is eligible for a bonus in compliance with the criteria in Section 9-3.3403(a)(6) (lower income students in student housing) shall be entitled to a density bonus of 35%.
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.
(§ 1, Ord. 1175, eff. December 6, 2019)
§ 9-3.3406 Additional density bonus for land donation.
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:
BONUS FOR LAND DONATION | |
|---|---|
Percentage Very Low-Income Units Proposed | Percentage Density Bonus |
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 |
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:
The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application.
The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low-income households in an amount not less than 10% of the number of residential units of the proposed development.
The transferred land is at least one acre in size or of sufficient size to permit development of at least 40 units and required amenities, has the appropriate general plan designation, is appropriately zoned for development as affordable housing, and is or will be served by adequate public facilities and infrastructure. The land shall have appropriate zoning and development standards to make the development of the affordable units feasible.
No later than the date of approval of the final subdivision map, parcel map, or of the residential 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.
The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with Section 9-3.3404, which shall be recorded on the property at the time of dedication.
The land is transferred to the City or to a housing developer approved by the City. The City may require the applicant to identify and transfer the land to the developer.
The transferred land shall be within the boundary of the proposed development or, if the City agrees, within one-quarter mile of the boundary of the proposed development.
(§ 2, Ord. 1028, eff. May 6, 2005, as amended by §§ 275, 279, Ord. 1095, eff. November 20, 2010; § 1, Ord. 1175, eff. December 6, 2019)
§ 9-3.3407 Additional density bonus and incentives for developments with childcare facilities.
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:
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
An additional incentive that contributes significantly to the economic feasibility of the construction of the child care facility.
The City shall require, as a condition of approving the housing development that the following occur:
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 density bonus units are required to remain affordable.
Of the children who attend the child care facility, the children of very low-income households, lower income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low-income households, lower income households, or families of moderate income pursuant to the density bonus requirements of Section 9-3.3403.
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.
(§ 2, Ord. 1028, eff. May 6, 2005, as amended by §§ 275, 279, Ord. 1095, eff. November 20, 2010; § 1, Ord. 1175, eff. December 6, 2019)
§ 9-3.3408 Condominium conversions.
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.
(§ 1, Ord. 1175, eff. December 6, 2019)
§ 9-3.3409 City discretion.
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.
(§ 1, Ord. 1175, eff. December 6, 2019)
§ 9-3.3410 Incentives and concessions.
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:
One incentive or concession. One incentive or concession for a project that includes at least 10% of the total units for lower income households, at least 5% for very low-income households, or at least 10% for persons and families of moderate income in a common interest development.
Two incentives or concessions. Two incentives or concessions for a project that includes at least 20% of the total units for lower income households, at least 10% for very low-income households, or at least 20% for persons and families of moderate income in a common interest development.
Three incentives or concessions. Three incentives or concessions for a project that includes at least 30% of the total units for lower income households, at least 15% for very low-income households, or at least 30% for persons and families of moderate income in a common interest development.
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:
The concession or incentive does not result in identifiable and actual cost reductions, consistent with Government Code 65915(k), to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in Government Code 65915(c) and this article.
The incentive or concession would have a specific adverse impact, as defined in Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment, or on any real property listed in the California Register of Historical Resources and for which 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.
The concession or incentive would be contrary to State or Federal law.
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.
(§ 2, Ord. 1028, eff. May 6, 2005, as amended by §§ 275, 281, Ord. 1095, eff. November 20, 2010; § 1, Ord. 1175, eff. December 6, 2019)
§ 9-3.3411 Waiver or reductions of development standards.
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.
(§ 1, Ord. 1175, eff. December 6, 2019)
§ 9-3.3412 Parking adjustment/modification in density bonus projects.
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:
Located within .5 miles of a major transit stop, and has unobstructed access to the major transit stop; or
A for rent housing development for individuals who are 62 years of age or older that complies with Sections 51.2 and 51.3 of the California Civil Code, 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.
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.
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.
(§ 1, Ord. 1175, eff. December 6, 2019)
§ 9-3.3413 Application and review.
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:
Site plan drawn to scale showing total number of units, number and location of target units, and number and location of proposed density bonus units.
Summary table showing the maximum number of units permitted by the zoning and general plan excluding any density bonus units, proposed target units by income level, proposed bonus percentage, number of bonus units proposed, and total number of dwelling units proposed on the site.
Tenure (rental versus for-sale) of target units and proposals for ensuring affordability.
A description of all dwelling units existing on the site in the five-year period preceding the date of submittal of the application and identification of any units rented in the five-year period. If any dwelling units on the site are currently rented, the income and household size, if known, of all residents of currently occupied units. If any dwelling units on the site were rented in the five-year period but are not currently rented, the income and household size, if known, of residents occupying dwelling units when the site contained the maximum number of dwelling units.
Description of any recorded covenant, ordinance, or law applicable to the site that restricted rents to levels affordable to very low or lower income households in the five-year period preceding the date of submittal of the application.
Description of any requested incentives, concessions, waivers or modifications of development standards, or modified parking standards.
For all incentives and concessions except mixed-use development, to establish eligibility for the requested incentives and concessions, the application shall include evidence that the requested incentives and concessions result in identifiable and actual cost reductions, including the actual cost reduction achieved through the incentive, and evidence that the cost reduction allows the applicant to provide affordable rents or affordable ownership costs.
If a mixed-use building or project is proposed as an incentive, the applicant shall provide evidence that nonresidential land uses will reduce the cost of the residential project, and that the nonresidential land uses are compatible with the residential project and the existing or planned surrounding development.
For waivers or modifications of development standards, the application shall provide evidence that the development standard for which the waiver is requested will have the effect of physically precluding the construction of the housing development with the density bonus and incentives requested.
If a parking reduction is requested, a table showing parking required by the zoning ordinance and proposed parking. If a parking reduction provided by Section 9-3.3412(b), (c) or (d) is requested, evidence that the project is eligible for the requested parking reduction.
If a density bonus or concession is requested for a land donation, the application shall show the location of the land to be dedicated and provide evidence that each of the findings included in Section 9-3.3406(d) can be made.
If a commercial development bonus is requested for a commercial development, the application shall include the proposed partnered housing agreement, the proposed commercial development bonus, and evidence that each of the standards included in subsections (a) through (d) of this section has been met.
If a density bonus or concession is requested for a child care facility, the application shall show the location and square footage of the child care facilities and provide evidence that each of the findings included in Section 9-3.3407(c) can be made.
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.
(§ 2, Ord. 1028, eff. May 6, 2005, as amended by §§ 275, 282, Ord. 1095, eff. November 20, 2010; § 1, Ord. 1175, eff. December 6, 2019)
§ 9-3.3414 Density bonus housing agreement required.
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.
(§ 2, Ord. 1028, eff. May 6, 2005, as amended by §§ 275, 283, Ord. 1095, eff. November 20, 2010; § 1, Ord. 1175, eff. December 6, 2019)
§ 9-3.3415 Commercial development density bonus.
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.
The development bonus granted to the commercial developer means incentives, mutually agreed upon by the developer and the City, including any of the following:
Up to a 20% increase in maximum allowable intensity in the General Plan.
Up to a 20% increase in maximum allowable floor area ratio.
Up to a 20% increase in maximum height requirements.
Up to a 20% reduction in minimum parking requirements.
Use of a limited-use/limited-application elevator for upper floor accessibility.
An exception to a zoning ordinance or other land use regulation.
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.
(§ 1, Ord. 1175, eff. December 6, 2019)