Moorpark City Zoning Code
CHAPTER 17
64 DENSITY BONUS PROVISIONS
§ 17.64.010 Purpose and intent.
This chapter sets forth the requirements under which density bonuses and other incentives may be offered by the city to developers of housing development projects pursuant to State Government Code Section 65915 et seq. The city's intent is to encourage the provision of housing affordable to very low, low, and moderate income households, to encourage the provision of housing for senior citizens, and to encourage the provision of housing for transitional foster youth, disabled veterans, and homeless persons consistent with the latest adopted Moorpark general plan, the requirements of Government Code Section 65915 et seq., and this chapter.
(Ord. 515 § 10, 2023)
§ 17.64.020 Definitions.
For the purposes of this chapter, unless otherwise apparent from the context, the definitions of Government Code Section 65915 et seq., shall apply. In addition, the following definition is provided:
"Housing agreement"
means an agreement between the developer and the city guaranteeing the affordability of rental or ownership units to extremely low, very low, or lower income households, senior citizens, transitional foster youth, disabled veterans, or homeless persons, or for providing childcare facilities in accordance with the provisions of this chapter and state density bonus law (Government Code Section 65915 et seq.).
(Ord. 515 § 10, 2023)
§ 17.64.030 Density bonus concessions and incentives.
A.
The city council shall grant a density bonus and, if requested by the applicant, concessions or incentives, and/or waivers or reductions of development standards and/or parking ratios for eligible residential and mixed-use commercial development projects in accordance with state density bonus law (Government Code Section 65915 et seq.) and this chapter through the approval of a residential or mixed-use commercial planned development permit, development agreement in accordance with Chapter 15.40 of the Moorpark Municipal Code, and/or disposition and development agreement, and a housing agreement. Commercial developers that partner with housing developers to produce affordable housing may qualify for a development bonus pursuant to Government Code Section 65915.7.
B.
Density.
1.
The increase in the allowable housing units under a density bonus is based on the percentage density increase above that permitted under the existing zoning per state density bonus law (Government Code Section 65915 et seq.).
2.
For density bonuses higher than required by state law, the city council must find that: (a) the project will help to meet a local housing need for family housing as identified by the housing element of the general plan; and (b) the project will be compatible with surrounding development. The city council may grant density bonuses higher than required by state law in accordance with the following standards:
a.
When 100% of the units in a housing development project are restricted to be affordable to low or very low income households for the life of the project, a density bonus up to a maximum of 100% greater density than allowed by the existing zone may be granted by the city council when considering project entitlements. The 100% maximum density bonus is inclusive of all density bonuses allowed under Government Code Section 65915 et seq., and this chapter.
b.
When at least 60% of the units in a housing development project are restricted to be affordable to low or very low income households for the life of the project, a density bonus up to a maximum of 75% greater density than allowed by the existing zone may be granted by the city council when considering project entitlements. The 75% maximum density bonus is inclusive of all density bonuses allowed under Government Code Section 65915 et seq., and this chapter.
3.
Density bonuses higher than required by state law may not be granted for an age-restricted senior housing projects and housing projects for foster youth, disabled persons, and homeless persons.
C.
Concessions, Incentives, Waivers, Reductions, and/or Parking Ratios.
1.
If requested by the applicant, a qualifying project shall be entitled to at least one of the following incentives or concessions, unless the city council makes the findings required by Government Code Section 65915(d)(1):
a.
Reductions in residential or commercial development standards by amounts not to exceed 20%, or reductions in architectural design requirements beyond the minimum building standards adopted by the city; and
b.
Other regulatory concessions, incentives, waivers, reductions, and/or parking ratios proposed by the developer or the city, including those specifically identified in Government Code Section 65915 et seq., which result in identifiable cost reductions.
2.
The city council, in granting higher density bonuses under subsection (B)(2), is not obligated to grant any additional concessions or incentives beyond those required by state law.
(Ord. 515 § 10, 2023)
§ 17.64.040 Housing agreement.
A housing agreement in a form acceptable to the city council is required as part of the granting of a density bonus, concessions, incentives, waivers, reductions, and/or parking ratios. This agreement must meet the minimum requirements of Government Code Section 65915 for continued affordability and those projects granted a density bonus under Section 17.64.030(B)(2) shall remain affordable to low and very low income households for the life of the project, but in no case less than 55 years.
(Ord. 515 § 10, 2023)
§ 17.64.045 Application and timeline.
A.
An application for a density bonus shall accompany any other required applications for approval of the residential housing project, including those approvals set forth in Section 17.64.030, and shall include written statements of the following:
1.
The extent of the density bonus (i.e., the number of units);
2.
The requested concessions, incentives, waivers, reductions, and/or parking ratios authorized per this chapter; and
3.
An explanation demonstrating the residential housing project's eligibility for a density bonus. No additional studies or reports beyond those required by state law, including Government Code Section 65915 et seq., shall be required as part of the request.
B.
The community development director or designee shall inform the applicant for a density bonus whether the application is complete in a time and manner consistent with Government Code Section 65943.
C.
The city council shall consider and take action on the density bonus application concurrently with other applications for the residential housing project, which shall be processed in accordance with timelines established by state law, including the Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the Subdivision Map Act (Government Code Title 7, Division 2), and the California Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13, and California Code of Regulations, Title 14, Chapter 3).
(Ord. 515 § 10, 2023)
§ 17.64.050 Compatibility with market-rate housing.
Affordable housing units provided by a density bonus and developed in conjunction with a market-rate housing development must be of similar design and quality as the market-rate units. Exterior colors and materials and interior floor plans and materials of affordable units must be comparable with the market-rate units. Interior window treatments (i.e., blinds, shutters, and/or curtains) must be provided on all windows of affordable units. Other interior features, such as luxury flooring, upgraded appliances and custom lighting fixtures, need not be the same as market-rate units as determined by the city in the housing agreement.
(Ord. 515 § 10, 2023)
