Unless otherwise specified below, the following words or phrases are limited to use in this chapter.

(a)

An applicant who requests a density bonus pursuant to this subdivision shall elect whether the bonus shall be awarded on the basis of section 10-8.801, 10-8.802, 10-8.803, 10-8.804, 10-8.805, 10-8.806, 10-8.807, or 10-8.808, below.
(b) All density calculations resulting in fractional units shall be rounded up to the next whole number.
(c) The granting of a density bonus shall not require, or be interpreted, in and of itself to require a general plan amendment, zone change, or other discretionary approval.
(d) An applicant shall agree to, and the city shall ensure, the continued affordability of all very low and low-income rental units that qualified the applicant for an award of a density bonus for fifty-five (55) years or a longer period of time if required by a construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program.
(e) Except as specified in Section 10-8.807, rents for the lower income density bonus units shall be set at an affordable rent, as defined in Section 50053 of the Health and Safety Code.
(f) The City shall grant one (1) density bonus, the amount of which as specified in this Article, if the applicant for a housing development seeks and agrees to construct a housing development, excluding any units permitted by the density bonus awarded pursuant to this Article, that will contain at least any one (1) of the following:

This chapter implements the requirements of Government Code Section 65915. The intent of a density bonus or other incentives offered by the city is to contribute significantly to the economic feasibility of lower income housing in proposed developments. In the absence of an agreement by a developer in accordance with this chapter, the city shall not offer a density bonus or any other incentive that would undermine the intent of Government Code Section 65915.

(Ord. No. 3762-C.S., effective § 4, effective 5-11-23)

The City may grant a housing development, meeting the requirements of this Article and Government Code Section 65915, either of the following:

(1)

A density bonus greater than what is described in this chapter; or,

(2)

For housing developments that do not meet the requirements of this article, a proportionately lower density bonus.

(Ord. No. 3762-C.S., effective § 3, effective 5-11-23)

A Density bonus for a housing development, or for the donation of land for housing within the City shall be governed by and shall be in accordance with the provisions of California Government Code Section 65915.

(Ord. No. 3762-C.S., effective § 3, effective 5-11-23)

A Development Standard includes a site or construction condition, including but not limited to, a height limitation, a setback requirement, a floor area ratio, an onsite open-space requirement, or a parking ratio that applies to a residential development pursuant to any ordinance, general plan element, specific plan, charter, or other local condition, law policy, resolution or regulation.

(Ord. No. 3762-C.S., effective § 4, effective 5-11-23)

Means that any point on a proposed development, for which an applicant seeks a density bonus, other incentives or concessions, waivers or reductions of development standards, or a vehicular parking ratio pursuant to this section, is within one-half (0.5) mile of any point on the property on which a major transit stop is located, including any parking lot owned by the transit authority or other local agency operating the major transit stop.

(Ord. No. 3762-C.S., effective § 4, effective 5-11-23)

Means a student who has a household income and asset level that does not exceed the level for Cal Grant A or Cal Grant B award recipients as set forth in paragraph (1) of subdivision (k) of Section 69432.7 of the Education Code. The eligibility of a student to occupy a unit for lower income students under this section shall be verified by an affidavit, award letter, or letter of eligibility provided by the institution of higher education in which the student is enrolled or by the California Student Aid Commission that the student receives or is eligible for financial aid, including and intuitional grant or fee waiver from the college or university, the California Student Aid Commission, or the federal government.

(Ord. No. 3762-C.S., effective § 4, effective 5-11-23)

Means the density allowed under the zoning ordinance and land use element of the general plan, or if a range of density is permitted, means the maximum allowable density for the specific zoning range and land use element of the general plan applicable to the project. If the density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan, the general plan density shall prevail.

(Ord. No. 3762-C.S., effective § 4, effective 5-11-23)

As defined in Section 50105 of the Health and Safety Code, "very low-income households" means persons and families whose incomes do not exceed the qualifying limits for very low-income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937. "Very low-income households" includes extremely low-income households, as defined in Section 50106.

(Ord. No. 3762-C.S., effective § 4, effective 5-11-23)

Area median income means the median family income of Stanislaus County as set by the U.S. Department of Housing and Urban Development (HUD).

(Ord. No. 3762-C.S., effective § 4, effective 5-11-23)

Persons and families of low or moderate income means persons and families whose income does not exceed one hundred twenty (120) percent of area median income. Persons and families of low or moderate income includes very low-income households; extremely low-income households; and lower income households as defined in Sections 50105, 50106, and 50079.5 of the Health and Safety Code.

(Ord. No. 3762-C.S., effective § 4, effective 5-11-23)

Means a calculation of the number of units that:

(a)

Excludes a unit added by a density bonus awarded pursuant to this article or any local law granting a greater density bonus.

(b)

Includes a unit designated to satisfy an inclusionary zoning requirement of the city.

(Ord. No. 3762-C.S., effective § 4, effective 5-11-23)

Means a resident is able to access the major transit stop without encountering natural or constructed impediments. For purposes of this subparagraph, "natural or constructed impediments" includes, but is not limited to, freeways, rivers, mountains, and bodies of water, but does not include residential structures, shopping centers, parking lots, or rails used for transit.

(Ord. No. 3762-C.S., effective § 4, effective 5-11-23)

Means a density increase over the otherwise maximum allowable gross residential density as of the date of the application by the applicant to the city, or, if elected by the applicant, a lesser percentage of density increase, including, but not limited to, no increase in density.

(Ord. No. 3762-C.S., effective § 4, effective 5-11-23)

Pursuant to Government Code Section 65915, a housing development shall be ineligible for a density bonus or any other incentive or concession, if any of the following is applicable:

(a)

The housing development is proposed on any property that includes a parcel or parcels on which rental dwelling units are or, if the dwelling units have been vacated or demolished in the five-year period preceding the density bonus application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; or,

(b)

The housing development is proposed on any property that includes a parcel or parcels on which rental dwelling units are subject to any other form of rent or price control through a public entity's valid exercise of its police power; or,

(c)

The housing development is proposed on any property that includes a parcel or parcels on which dwelling units are occupied by lower or very low-income households.

(Ord. No. 3762-C.S., effective § 4, effective 5-11-23)

A housing development found ineligible for a density bonus pursuant to Section 10-8.301 and Government Code Section 65915, may be deemed eligible if the proposed housing development replaces those units, specified in Section 10-8.301, and either of the following applies:

(a)

The proposed housing development, inclusive of the units replaced pursuant to this article, contains affordable units at the percentages set forth in Article 8 (Density Bonus: Calculations), or,

(b)

Each unit in the development, exclusive of a manager's unit or units, is affordable to, and occupied by, either a lower or very low-income household.

(Ord. No. 3762-C.S., effective § 4, effective 5-11-23)

For the purposes of this article, "replace" shall mean either (a) or (b), below, as applicable.

(a)

Occupied Units. If any dwelling units described in Section 18-8.301 are occupied on the date of application, the proposed housing development shall provide at least the same number of units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those households in occupancy.

(b)

Unoccupied Units. For unoccupied dwelling units described in Section 18-8.301 in a development with occupied units, the proposed housing development shall provide units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as the last household in occupancy.

(c)

If the income category of the last household in occupancy or of the household in occupancy is not known (whichever is applicable) it shall be rebuttably presumed that lower income renter households occupied those units in the same proportion of lower income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development's Comprehensive Housing Affordability Strategy database.

(d)

All replacement calculations resulting in fractional units shall be rounded up to the next whole number.

(e)

If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least fifty-five (55) years.

(f)

If the proposed development is for-sale units, the units replaced that be subject to Section 10-8.808 (For Sale Units) in Article 8 (Density Bonus: Calculations).

(Ord. No. 3762-C.S., effective § 4, effective 5-11-23)

Notwithstanding Section 10-8.301 and 10-8.302, above, for any dwelling unit described in Section 10-8.301 that is or was, within the five-year period preceding the [Density Bonus] application, subject to a form of rent or price control through a local government's valid exercise of its police power and that is or was occupied by persons or families above lower income, the City may do either of the following:

(a)

Require that the replacement units be made available at affordable rent or affordable housing cost to, and occupied by, low-income persons or families. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction of at least fifty-five (55) years. If the proposed development is for-sale units, the units replaced shall be subject to the requirements of Section 10-8.808; or,

(b)

Require that the units to be replaced in compliance with the City's rent or price control ordinance, provided that each unit described in Section 10-8.301 is replaced. Unless otherwise required by the jurisdiction's rent or price control ordinance, these units shall not be subject to a recorded affordability restriction.

(Ord. No. 3762-C.S., effective § 4, effective 5-11-23)

For the purpose of this chapter, incentive or concession means any of the following:

(a)

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 Article 8 (Density Bonus: Calculations).

(b)

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.

(c)

Other regulatory incentives or concession 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 Article 8 (Density Bonus: Calculations).

(d)

This Article does not limit or require the provision of direct financial incentive for the proposed housing development, including the provision of publicly owned land, by the city, or the waiver of fees or dedication requirements.

(Ord. No. 3762-C.S., effective § 4, effective 5-11-23)

In compliance with this chapter and Government Code Section 65915 (d) and (e), an applicant for a density bonus may submit a proposal to the city for specific incentives, concessions, and/or a waiver or reduction of development standards that would have the effect of physically precluding the construction of a development meeting the requirements of this chapter; and may request a meeting with the Department.

(Ord. No. 3762-C.S., effective § 4, effective 5-11-23)

The city shall grant the concession, incentive, and/or waiver or reduction of development standards requested by the density bonus applicant, unless the city makes a written finding, based upon substantial evidence, of any of the following:

(a)

The proposed concession or incentive does not result in identifiable and actual cost reductions, consistent with this section, 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 Article 8 (Density Bonus: Calculations).

(b)

The proposed concession, incentive, and/or waiver or reduction of development standards would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or on any real property that is listed in the California Register of Historic 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-income and moderate-income households.

(c)

The proposed concession, incentive, and/or waiver or reduction of development standards would be contrary to state or federal law.

(Ord. No. 3762-C.S., effective § 4, effective 5-11-23)

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

(a)

One (1) incentive or concession for a project that includes either of the following:

(1)

At least ten (10) percent of the total units for lower income households, at least five (5) percent for very low-income households, or at least ten (10) percent for persons and families of moderate income in a development in which the units are for sale; or

(2)

At least twenty (20) percent of the total units for lower income students in a student housing development.

(b)

Two (2) incentives or concessions for a project that includes at least seventeen (17) percent of the total units for lower income households, at least ten (10) percent for very low-income households, or at least twenty (20) percent for persons and families of moderate income in a development in which the units are for sale.

(c)

Three (3) incentives or concessions for a project that includes at least twenty-four (24) percent of the total units for lower income households, at least fifteen (15) percent for very low-income households, or at least thirty (30) percent for persons and families of moderate income in a development in which the units are for sale.

(d)

Four (4) incentives or concessions for a project where one-hundred (100) percent of all units in the development, including total units and density bonus units, but excluding a manager's unit(s), are for lower income households, as defined in Section 50079.5 of the Health and Safety Code, except that up to twenty (20) percent of the units in the development, including total units and density bonus units, may be for moderate-income households, as defined in Section 50053 of the Health and Safety Code.

(1)

If a project in subparagraph (d), above, is located within one-half (0.5) mile of a major transit stop, the applicant shall also receive a height increase of up to three (3) additional stories, or thirty-three (33) feet.

(Ord. No. 3762-C.S., effective § 4, effective 5-11-23)

Approval or denial of the requested incentives or concessions, shall be by the City Council. Denial shall be by a written finding, based upon substantial evidence, pursuant to section 10-8.403, above.

(Ord. No. 3762-C.S., effective § 4, effective 5-11-23)

Except as provided in Sections 10-8.502, 10-8.503, and 10-8.504, below, upon the request of the developer, the city shall not require a vehicular parking ratio, inclusive of parking for persons with a disability and guests, for a development meeting the criteria of Article 8 (Density Bonus: Calculations) that exceeds the following ratios:

(a)

Zero (0) to one (1) bedroom; one (1) onsite parking space.

(b)

Two (2) to three (3) bedrooms: one and one-half (1.5) onsite parking spaces.

(c)

Four (4) and more bedrooms: two and one-half (2.5) onsite parking spaces.

(Ord. No. 3762-C.S., effective § 4, effective 5-11-23)

Notwithstanding Section 10-8.501, if a development includes at least twenty (20) percent low income units for housing developments meeting the criteria of Section 10-8.801 of Article 8 (Density Bonus: Calculations) or at least eleven (11) percent very low-income units for housing developments meeting the criteria of Section 10-8.801 of Article 8 (Density Bonus: Calculations), is located within one-half mile of a major transit stop, and there is unobstructed access to the major transit stop from the development, then, upon the request of the developer, the city shall not impose a vehicular parking ratio, inclusive of parking for persons with a disability and guests, that exceeds one-half (0.5) spaces per unit.

(Ord. No. 3762-C.S., effective § 4, effective 5-11-23)

Notwithstanding Section 10-8.501, if a development includes at least forty (40) percent moderate-income units for housing developments meeting the criteria of Section 10-8.804 of Article 8 (Density Bonus: Calculations), is located within one-half mile of a major transit stop, as defined in subdivision (b) of Section 21155 of the Public Resources Code, and the residents of the development have unobstructed access to the major transit stop from the development, then upon the request of the developer, the city shall not impose a vehicular parking ratio, inclusive of parking for persons with a disability and guest, that exceeds one-half (0.5) spaces per bedroom.

(Ord. No. 3762-C.S., effective § 4, effective 5-11-23)

Notwithstanding Section 10-8.501, if a development consists solely of rental units, exclusive of a manager's unit(s), with an affordable housing cost to lower income families as provided in Section 50052.5 of the Health and Safety Code, then upon the request of the developer, the city shall not impose vehicular parking standards if the development meets either of the following criteria:

(a)

The development is located within one-half (0.5) mile of a major transit stop and there is unobstructed access to the major transit stop from the development; or,

(b)

The development is a for-rent housing development for individuals who are sixty-two (62) years of age or older that complies with Sections 51.2 and 51.3 of the Civil Code, and the development has either paratransit service or unobstructed access, within one-half (0.5) mile, to fixed bus route service that operates at least eight (8) times per day.

(Ord. No. 3762-C.S., effective § 4, effective 5-11-23)

Notwithstanding Section 10-8.501, if a development consists solely of rental units, exclusive of a manager's unit(s), with an affordable housing cost to lower income families as provided in Section 50052.5 of the Health and Safety Code, and the development is either a special needs housing development, as defined in Section 51312 of the Health and Safety Code, or a supportive housing development, as defined in Section 50675.14 of the Health and Safety Code, then upon the request of the developer, the city shall not impose any minimum vehicular parking requirement.

(a)

A development that is a special needs housing development shall have either paratransit service or unobstructed access, within one-half (0.5) mile, to fixed bus route service that operates at least eight (8) times per day.

(Ord. No. 3762-C.S., effective § 4, effective 5-11-23)

For the purposes of this article, "unobstructed access to the major transit stop" means a resident is able to access the major transit stop without encountering natural or constructed impediments. Nature or constructed impediments includes, but is not limited to, freeways, rivers, mountains, and bodies of water, but does not include residential structures, shopping centers, parking lots, or rail used for transit.

(Ord. No. 3762-C.S., effective § 4, effective 5-11-23)

If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number.

(Ord. No. 3762-C.S., effective § 4, effective 5-11-23)

For the purposes of this subdivision, a development may provide onsite parking through tandem parking or uncovered parking, but not through on-street parking.

(Ord. No. 3762-C.S., effective § 4, effective 5-11-23)

A request pursuant to this article shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to Article 4 (Density Bonus: Incentives or Concessions).

(Ord. No. 3762-C.S., effective § 4, effective 5-11-23)

When an applicant for a subdivision pursuant to Government Code Section 66410, et seq.; or other residential development approval donates land to the city, in accordance with this article, the applicant shall be entitled to a fifteen (15) percent increase above the otherwise maximum allowable residential density for the entire development, as shown in Table 10-8.601 (Donation of Land).

(a)

This increase shall be in addition to any increase in density mandated by Article 8 (Density Bonus: Calculations), up to a maximum combined mandated density increase of thirty-five (35) percent, if an applicant seeks an increase pursuant to both this article and Article 8 (Density Bonus: Calculations).

(b)

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

(c)

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

(d)

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

(1)

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; and,

(2)

The developable acreage and zoning classification of the land being transferred are sufficient to permit the construction of housing units affordable to very low-income households in an amount not less than ten (10) percent of the number of residential units of the proposed development; and,

(3)

The transferred land is at least one (1) acre in size or of sufficient size to permit development of a least forty (40) units, has the appropriate general plan designation, is appropriately zoned with appropriate development standards for development at the density described in paragraph (3) of subdivision (c) of Section 65583.2, and is or will be served by adequate public facilities and infrastructure; and,

(4)

The transferred land shall have all of the permits and approvals, excluding building permits, necessary for the development of the very low income housing units on the transferred land, not later than the date of approval of the final subdivision map, parcel map, or residential development application, except that the local government may subject the proposed development to subsequent design review to the extent authorized by subdivision (i) of Section 65583.2 if the design is not reviewed by the city before the time of transfer; and,

(5)

The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with Article 8 (Density Bonus: Calculations), which shall be recorded on the property at the time of the transfer; and,

(6)

The land is transferred to the local agency or to a housing developer approved by the local agency. The local agency may require the applicant to identify and transfer the land to the developer; and,

(7)

The transferred land shall be within the boundary of the proposed development or, if the local agency agrees, within one-quarter (.25) mile of the boundary of the proposed development; and,

(8)

A proposed source of funding for the very low-income units shall be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application.

(Ord. No. 3762-C.S., effective § 4, effective 5-11-23)

When an applicant proposes to construct a housing development that conforms to the requirements of Article 8 (Density Bonus: Calculations) and will include a childcare facility that will be located on the premises of, as part of, or adjacent to, the project, the city shall grant either of the following:

(a)

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 childcare facility; or,

(b)

An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the childcare facility.

(Ord. No. 3762-C.S., effective § 4, effective 5-11-23)

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

(a)

The childcare 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 pursuant to Article 8 (Density Bonus: Calculations).

(b)

Of the children who attend the childcare facility, the children of very low-income households, lower income households, or families of moderate income shall equal a percentage that is equal 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 Article 8 (Density Bonus: Calculations).

(c)

Notwithstanding any requirement of this article, the city shall not be required to provide a density bonus or concession for a childcare facility if it finds, based upon substantial evidence, that the community has adequate childcare facilities.

(Ord. No. 3762-C.S., effective § 4, effective 5-11-23)

"Childcare facility," as used in this article, means a child daycare facility other than a family daycare home, including, but not limited to, infant centers, preschools, extended daycare facilities, and school-age childcare centers.

(Ord. No. 3762-C.S., effective § 4, effective 5-11-23)

"Housing development," as used in this article, means a development project for five (5) or more residential units, including mixed-use developments. For the purposes of this article, "housing development" also includes a subdivision or common interest development, as defined in Section 4100 of the Civil Code, approved by the city and consists of residential units or unimproved residential lots; and either a project to substantially rehabilitate and convert an existing commercial building to residential use; or the substantial rehabilitation of an existing multi-family dwelling, as defined in subdivision (d) of Section 65863.4, where the result of the rehabilitation would be a net increase in available residential units.

(Ord. No. 3762-C.S., effective § 4, effective 5-11-23)

For the purpose of calculating a density bonus, the residential units shall be on contiguous sites that are the subject of one (1) development application, but do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located.

(Ord. No. 3762-C.S., effective § 4, effective 5-11-23)

If ten (10) percent of the total units of a housing development for rental or sale to lower income households, as defined in Section 50079.5 of the Health and Safety Code, the density bonus shall be calculated as follows:

(Ord. No. 3762-C.S., effective § 4, effective 5-11-23)

If five (5) percent of the total dwelling units of a housing development are reserved for rent or sale to very low-income households, as defined in Section 50105 of the Health and Safety Code, the density bonus shall be calculated as follows:

(Ord. No. 3762-C.S., effective § 4, effective 5-11-23)

A senior citizen housing development, as defined in Sections 51.3 and 51.12 of the Civil code, or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil code shall receive a density bonus equal to twenty (20) percent of the number of senior housing units.

(Ord. No. 3762-C.S., effective § 4, effective 5-11-23)

If ten (10) percent of the total dwelling units of a housing development are sold to persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code, provided that all units in the development are offered to the public for purchase.

(Ord. No. 3762-C.S., effective § 4, effective 5-11-23)

If ten (10) percent of the total dwelling units of a housing development are reserved for any of the following groups: (1) transitional foster youth, as defined in Section 66025.9 of the Education Code; (2) disabled veterans, as defined in Section 18541 of the Government Code; or (3) homeless persons, as defined in the Federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.), the project shall receive a density bonus equal to twenty (20) percent of the number of units reserved for those groups, provided the following requirements are met:

(a)

The units shall be subject to a recorded affordability restriction of fifty-five (55) years; and,

(b)

The units shall be provided at the same affordability level as very low-income units.

(Ord. No. 3762-C.S., effective § 4, effective 5-11-23)

If twenty (20) percent of the total units in a student housing development are reserved for lower income students, the density bonus awarded shall be thirty-five (35) percent of the total number of student housing units, if the student housing development meets all of the following requirements:

(a)

The applicable twenty (20) percent units will be used for lower income students.

(b)

The rent provided in the applicable units of the development for lower income students shall be calculated at thirty (30) percent of sixty-five (65) percent of the area median income for a single room occupancy unit type.

(c)

All units in the development shall be used exclusively for undergraduate, graduate, or professional students enrolled full time at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges.

(1)

In order to be eligible under this section, the developer shall, as a condition of receiving a certificate of occupancy, provide evidence to the city that the developer has entered into an operating agreement or master lease with one (1) or more institutions of higher education for the institution(s) to occupy all units of the student housing development with students from that institution or institutions.

(2)

An operating agreement or master lease entered into pursuant to this subclause is not violated or breached if, in any subsequent year, there are not sufficient students enrolled in the institution of higher education to fill all of the units in the student housing development.

(d)

The development provides priority for the applicable affordable units for lower income students experiencing homelessness. A homeless service provider, as defined in paragraph (3) of subdivision (e) of Section 103577 of the Health and Safety Code, or institution of higher education that has knowledge of a person's homeless status may verify a person's status as homeless for purposes of this section.

(e)

For purposes of calculating a density bonus granted pursuant to this section, the term "unit" means one (1) rental bed and its pro rata share of associated common area facilities.

(f)

The units described in this section shall be subject to a recorded affordability restriction of fifty-five (55) years.

(Ord. No. 3762-C.S., effective § 4, effective 5-11-23)

If one-hundred (100) percent of all the units in a housing development, including total units and density bonus units, but exclusive of a manager's unit(s) are set aside for lower income households, as defined by Section 50079.5 of the Health and Safety Code; except that up to twenty (20) percent of the units in the development may be for moderate-income households, as defined in Section 50053 of the Health and Safety Code, then the following shall apply:

(a)

Except as otherwise provided in clause (b), below, the density bonus shall be eighty (80) percent of the number of units for lower income households.

(b)

If the housing development is located within one-half (0.5) mile of a major transit stop, the city shall not impose any maximum controls on density.

(c)

If the housing development is located in a very low vehicle travel area, the City shall not impose any maximum controls on density.

(d)

For the purposes of this section, "Very low vehicle travel area" means an urbanized area, as designated by the United States Census Bureau, where the existing residential development generates vehicle miles traveled per capita that is below eighty-five (85) percent of either regional vehicle miles traveled per capita, or city vehicle miles traveled per capita. For purposes of this section, "area" may include a travel analysis zone, hexagon, or grid. For the purposes of determining "regional vehicle miles traveled per capita" pursuant to this paragraph, a "region" is the entirety of incorporated and unincorporated areas governed by a multicounty or single-county metropolitan planning organization, or the entirety of the incorporated and unincorporated areas of an individual county that is not part of a metropolitan planning organization.

(e)

Rents for all units in the development, including both base and density bonus units, shall be as follows:

(1)

The rent for at least twenty (20) percent of the units shall be set at an affordable rent, as defined in Section 50053 of the Health and Safety Code.

(2)

The rent for the remaining units in the development shall be set at an amount consistent with the maximum rent levels for a housing development that receives an allocation of state or federal low-income housing tax credits form the California Tax Credit Allocation Committee.

(Ord. No. 3762-C.S., effective § 4, effective 5-11-23)

An applicant shall agree to ensure, and the city shall ensure, that a for-sale unit that qualified the applicant for the award of a density bonus meets either of the following conditions:

(a)

The unit is initially occupied by a person or family of very low, low, or moderate income, as required, and it is offered at an affordable housing cost, as that cost is defined in Section 50052.5 of the Health and Safety Code and is subject to an equity sharing agreement; or

(b)

The unit is purchased by a qualified nonprofit housing corporation pursuant to a recorded contract that satisfies all of the requirements specified in paragraph ten (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code and that includes all of the following:

(1)

A repurchase option that requires a subsequent purchaser of the property that desires to resell or convey the property to offer the qualified nonprofit corporation the right to repurchase the property prior to selling or conveying that property to any other purchaser.

(2)

An equity sharing agreement.

(3)

Affordability restrictions on the sale and conveyance of the property that ensure that the property will be preserved for lower income housing for at least forty-five (45) years for owner-occupied housing units and will be sold or resold only to persons or families of very low, low, or moderate income as defined in Section 50052.5 of the Health and Safety Code.

(c)

For purposes of this section, a "qualified nonprofit housing corporation" is a nonprofit housing corporation organized pursuant to Section 501 (c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no-interest loan program.

(Ord. No. 3762-C.S., effective § 4, effective 5-11-23)

The city shall enforce an equity sharing agreement required pursuant to Section 10-8.808, unless it is in conflict with the requirements of another public funding source or law. The following shall apply to the equity sharing agreement:

(a)

Upon resale, the seller of the units shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation.

(b)

Except as provided in clause (c), below, the local government shall recapture any initial subsidy, as defined in clause (iii), and its proportionate share of appreciation, as defined in clause (d), below, which amount shall be used within five (5) years for any of the purposes described in subdivision (e) of Section 33334.2 of the Health and Safety Code that promote home ownership.

(c)

For purposes of this subdivision, the local government's initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the moderate-income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of resale shall be used as the initial market value.

(d)

For purposes of this subdivision, the local government's proportionate share of appreciation shall be equal to the ratio of the local government's initial subsidy to the fair market value of the home at the time of initial sale.

(e)

If the unit is purchased ore developed by a qualified nonprofit housing corporation pursuant to Section 10-8.808 (b) the local government may enter into a contract with the qualified nonprofit housing corporation under which the qualified nonprofit housing corporation would recapture any initial subsidy and its proportionate share of appreciation if the qualified nonprofit housing corporation is required to use one-hundred (100) percent of the proceeds to promote homeownership for lower income households as defined by Health and Safety Code Section 50079.5 within the jurisdiction of the local government.

(Ord. No. 3762-C.S., effective § 4, effective 5-11-23)