The purpose of this chapter is to adopt an ordinance that specifies how Government Code Section 65915 ("State Density Bonus Law") will be implemented.

(Ord. 2014-403, § 1, 2014)

Unless otherwise specified in this chapter, the definitions found in State Density Bonus Law shall apply to the terms contained herein.

(Ord. 2014-403, § 1, 2014)

This chapter shall apply to all zoning districts where residential developments of five or more dwelling units are proposed and where the applicant agrees to provide low, very-low, senior or moderate income housing units in the threshold amounts specified in State Density Bonus Law such that the resulting density is beyond that which is permitted by the applicable zoning.

(Ord. 2014-403, § 1, 2014)

A. Any applicant requesting a density bonus, incentive(s) and/or waiver(s) pursuant to State Density Bonus Law shall provide the town with a written proposal. The proposal shall be submitted prior to or concurrently with the filing of the planning application for the housing development and shall be processed in conjunction with the underlying application.

B.

The proposal for a density bonus, incentive(s) and/or waiver(s) pursuant to State Density Bonus Law shall include the following information:

1.

Requested Density Bonus. The density bonus proposal shall evidence that the project meets the thresholds required by State Density Bonus Law. The proposal shall include calculations showing the maximum base density, the number/percentage of affordable units and identification of the income level at which such units will be restricted, additional market rate units resulting from the density bonus allowable under State Density Bonus Law and the resulting units per acre. The density bonus units shall not be included in determining the percentage of base units that qualify a project for a density bonus pursuant to State Density Bonus Law.

2.

Requested Incentive(s). The request for particular incentive(s) shall include a pro forma or other report evidencing that the requested incentive(s) results in identifiable, financially sufficient and actual cost reductions that are necessary to make the housing units economically feasible. The report shall be sufficiently detailed to allow the town to verify its conclusions. If the town requires the services of specialized financial consultants to review and corroborate the analysis, the applicant will be liable for all costs incurred in reviewing the documentation.

3.

Requested Waiver(s). The written proposal shall include an explanation of the waiver(s) of development standards requested and why they are necessary to make the construction of the project physically possible. Any requested waiver(s) shall not exceed the density bonus percentage to which the project is entitled pursuant to State Density Bonus Law and to the extent any requested waiver exceeds such percentage, it will be considered as a request for an incentive.

4.

Fee. Payment of the filing fee in an amount set by resolution of the town council and payment of the actual costs of town staff time spent reviewing and processing the State Density Bonus Law application submitted pursuant to this chapter.

(Ord. 2014-403, § 1, 2014)

If a project involving a requested density bonus or incentive(s) would require, in the absence of the requested density bonus or incentive(s), a discretionary approval, such as a conditional use permit or planned unit development permit, the town retains discretionary review and approval authority as provided in the applicable sections of the town's municipal code.

(Ord. 2014-403, § 1, 2014)

Prior to project approval, the applicant shall enter into an affordable housing agreement with the town to the satisfaction of the town attorney guaranteeing the affordability of the rental or ownership units for a minimum of thirty years and identifying the type, size and location of each affordable unit. Such affordable housing agreement shall be recorded in the San Mateo County Recorder's Office.

(Ord. 2014-403, § 1, 2014)

Affordable units shall be of equal design and quality as the market rate units. Exteriors, including architecture and elevations, and floor plans of the affordable units shall be similar to the market rate units. Interior finishes and amenities may differ from those provided in the market rate units, but neither the workmanship nor the products may be of substandard or inferior quality as determined by the town building official. The number of bedrooms in the affordable units shall be consistent with the mix of market rate units.

(Ord. 2014-403, § 1, 2014)

Prior to issuance of the first building permit for the project, the developer shall provide, subject to town planner approval, a development schedule that indicates when the affordable units will be constructed. The affordable units shall built as early as possible and prior to completion of the market rate units. In no case may the last market rate unit pass final inspection before the last affordable unit has passed final inspection.

(Ord. 2014-403, § 1, 2014)