These residential density bonus provisions are intended to implement state law in accordance with applicable sections of the California Government Code Section 65915 et seq., as may be amended from time to time.

(Ord. No. 2336 N.S., § 3, 11-2-2022)

A.

Application. The applicant must identify in its application materials the number of bonus units and any incentives, concessions, waivers or reductions of development standards or parking ratios requested pursuant to Section 65915. This application shall be filed concurrently with other housing development applications.

B.

Eligible Project. To be eligible for a density bonus, a proposed housing development, as defined in Government Code Section 65915(i), shall include a percentage of affordable units as described in Government Code Section 65915(b)(1). The housing development shall comply with Government Code Section 65915(c) and Chapter 14.04 of the Morgan Hill Municipal Code to assure the continued affordability of the units.

C.

Documentation. An applicant shall provide to the City reasonable documentation as described in the development application to establish eligibility for a requested density bonus, incentives or concessions, waivers or reductions of development standards, and parking ratios.

(Ord. No. 2336 N.S., § 3, 11-2-2022)

For eligible projects, consistent with the requirements of this chapter and Government Code Section 65915, the city council shall grant an increase in the number of dwelling units permitted in the proposed project. The amount of density bonus is based on the number, type, and degree of affordable units as specified in Government Code Section 65915(f), (g), and (h).

(Ord. No. 2336 N.S., § 3, 11-2-2022)

An applicant may request one or more concessions or incentives, as defined in Government Code Section 65915(k), from the city as provided in Government Code Section 65915(d). The city council shall grant the requested concessions or incentives unless city council makes one or more findings described in Government Code Section 65915(d)(1).

(Ord. No. 2336 N.S., § 3, 11-2-2022)

An applicant may request waivers or reductions of development standards that will have the effect of physically precluding the construction of a development meeting the criteria of subdivision 65915(b) at the densities or with the concessions or incentives permitted pursuant to Government Code Section 65915(e). The city council shall grant the requested waiver or reduction unless the city council makes a finding that the waiver or reduction would have a specific adverse impact as described in Government Code Section 65915(e)(1).

(Ord. No. 2336 N.S., § 3, 11-2-2022)

An applicant may request a reduction in parking ratios as provided in Government Code Section 65915(p). The city council shall grant the requested waiver or reduction in parking ratios as described in Government Code Section 65915(p).

(Ord. No. 2336 N.S., § 3, 11-2-2022)

The city council shall review and act on all density bonus, incentive/concession, waivers or reductions of development standards, and reduction in parking ratios requests.

(Ord. No. 2336 N.S., § 3, 11-2-2022)

Every project that receives a density bonus, incentive, concession, or waiver or reduction of development standards, must comply with Title 14 of the Morgan Hill Municipal Code and Government Code Section 65915, including, but not limited to, recording an affordability restriction.

(Ord. No. 2336 N.S., § 3, 11-2-2022)