To supplement, and to provide exceptions and modifications to the provisions of this ordinance where necessary for the practical application of the regulations contained herein.

(Ord. 1130, eff. 7-10-64: Ord. 1130.130, eff. 5-26-71: Ord. 1130.132, eff. 7-7-71: Ord. 1130.273, eff. 11-15-90)

A.

Minimum lot areas are described in individual Articles for each zoning district. For lots with an average slope of more than five percent (5%), lots shall meet the minimum size requirement of the zoning district or the additional size requirements in Table 32.2, whichever is greater.

(Ord. 1130, eff. 7-10-64: Ord. 1130.130, eff. 5-26-71: Ord. 1130.132, eff. 7-7-71: Ord. 1130.273, eff. 11-15-90)

(Ord. No. 1130-363, § 6, 6-22-15)

Editor's note— Ord. No. 1130-363, § 11, adopted June 22, 2015, reads as follows: "This Ordinance shall go into effect on January 1, 2016, per City Council motion at the April 13, 2015 hearing." At the direction of the City, and prior to their effective date, the changes enacted by Ord. No. 1130-363, § 6, have been included as set out herein.

A.

Setback Measurement. Setbacks are measured at the closest distance from any point on a building or architectural feature to the adjacent property line.

B.

Second Story Side Setbacks. In residential zoning districts, second-stories must be set back a minimum of six (6) feet from the side property line. Additional setback is required for portions that exceed thirty-five (35) feet in length or twenty-five percent (25%) of the adjacent lot line length, whichever is less. This additional setback is one-half (½) the wall height along the setback.

C.

Setbacks above Second Story. Any structure exceeding two (2) stories in height shall comply with the minimum district setbacks for the first and second stories. The third story and above shall have a minimum setback of ½ the wall height at the base of the third story.

D.

Distance between Main Buildings. Whenever a lot has more than one main building, each of the main buildings shall be separated by a minimum setback of 6 feet. The buildings must also comply with all required setbacks of the zoning district.

E.

Architectural Features.

1.

Definition. Architectural features. Architectural features include cornices, eaves, bay windows, canopies, fireplaces, chimneys, and unenclosed portions of buildings. Decks, landing places, stairways and balconies qualify as architectural features if they remain unenclosed and do not have a roof or any supporting structural members. Bay windows qualify as an architectural feature if they are cantilevered 24 inches above ground level and do not provide for additional floor area.

2.

Architectural features may encroach up to 3 feet into any required yard provided they are set back a minimum of 3 feet from the property line.

F.

Front Yard or Corner Lot Setbacks on a Final Recorded Subdivision Map. If the final recorded subdivision map provides for greater front yard setbacks or side yard setbacks on the street side of a corner lot or side yard setbacks than required in this ordinance, the most restrictive setbacks are required.

G.

Side Yard Exceptions.

1.

Angled Lots. One corner of the first floor of a main structure may have a minimum setback of 4 feet in a residential zoning district when adjacent to, but not parallel with, an angled lot line. The remainder of the building must meet the minimum setback of the zoning district.

2.

Nonconformity. Any single family dwelling which is in compliance with the yard setback requirements in effect at the time it was constructed may be enlarged so long as the side yard setbacks are a minimum of 5 feet, and the front and rear yard setbacks are a minimum of 20 feet.

(Ord. 1130, eff. 7-10-64: Ord. 1130.130, eff. 5-26-71: Ord. 1130.132, eff. 7-7-71: Ord. 1130.230, eff. 10-24-83: Ord. 1130.273, eff. 11-15-90)

(Ord. No. 1130-364, § 17(Exh. M), 8-24-15; Ord. No. 1130-367, § 5, 6-13-16)

Eligible projects may request an FAR bonus as described below:

A.

Open space for public use and enjoyment and/or outdoor recreational facilities for public use and enjoyment within commercial and/or industrial developments that contain at least fifty thousand (50,000) square feet of building gross floor area may be granted a floor area ratio bonus provided that the following conditions are met:

1.

The maximum floor area ratio bonus associated with the provision of open space for public use and enjoyment and/or outdoor recreation facilities for public use and enjoyment shall not be greater than two percent (2%) floor area ratio relative to the land area of the development;

2.

A deed restriction shall be recorded on the property to ensure the long-term use of the portion of the development for open space for public use and enjoyment and/or outdoor recreation facilities;

3.

Any floor area ratio bonus granted pursuant to this Subsection C of this Section may be awarded by the Planning Commission or the Zoning Administrator in conjunction with any permit issued pursuant to the Zoning Ordinance (No. 1130), as amended, based on the following findings:

a.

The open space and/or outdoor recreation facility will be of benefit to the public;

b.

The development design can accommodate the additional floor area.

B.

Commercial, industrial, or mixed use developments of at least fifty thousand (50,000) square feet may exclude child care centers that open to the public from their gross floor area for the purposes of calculating FAR as set forth in Article 39.5: FAR exemption for Child Care Centers.

C.

Developments may receive both the floor area ratio exemption of Article 39.5: FAR exemption for Child Care Centers, and the floor area ratio bonus of Subsection A of this Section, but in no case will the total floor area ratio exemption and bonus exceed two percent (2%) floor area ratio relative to the land area of a particular development.

(Ord. No. 1130-890, § 4(Exh. A), 8-26-24)

In the event any lot has frontage on two (2) parallel or substantially parallel streets, both frontages shall be deemed to be lot fronts and the required front yard setbacks shall be maintained on each frontage. No additional rear yard setback shall be required.

(Ord. 1130, eff. 7-10-64: Ord. 1130.130, eff. 5-26-71: Ord. 1130.132, eff. 7-7-71: Ord. 1130.273, eff. 11-15-90)

Editor's note— Ord. No. 1130-364, § 17(Exh. M), adopted Aug. 24, 2015, repealed § 32.6 which pertained to side yard modifications and derived from Ord. 1130, eff. 7-10-64; Ord. 1130.130, eff. 5-26-71; Ord. 1130.132, eff. 7-7-71; Ord. 1130.153, eff. 7-9-75; and Ord. 1130.273, eff. 11-15-90.

Maximum height limitations set forth elsewhere in this Ordinance shall not apply to:

A.

Church spires, belfries, cupolas, domes, fire and hose towers, windmills, chimneys, flag poles, parapet walls, and television reception antennas not exceeding twenty-four (24) inches in diameter or three and one-half (3 ½) square feet in area, elevator penthouses, and mechanical equipment.

B.

Places of public assembly, churches, schools, and other permitted public and quasi-public buildings, provided that for each one (1) foot by which the height of such building exceeds the maximum height otherwise permitted in the district, its side and rear yard setbacks shall be increased in width or depth by an additional foot over the side and rear setbacks otherwise required for the district. In no event shall the height of such building exceed seventy-five (75) feet.

(Ord. 1130, eff. 7-10-64: Ord. 1130.130, eff. 5-26-71: Ord. 1130.132, eff. 7-7-71: Ord. 1130.273, eff. 11-15-90: Ord. 1130.297, eff. 3-26-97)

Maximum height limitations set forth elsewhere in this article for the following accessory buildings and structures, may be modified by the Zoning Administrator by way of a Use Permit, which shall be required in each case:

Monuments, water towers, observation towers, and smokestacks that exceed twenty-four (24) inches in diameter or three and one-half (3 ½) feet in area, water tanks, scenery lofts, cooling towers and gas holders.

(Ord. 1130, eff. 7-10-64: Ord. 1130.130, eff. 5-26-71: Ord. 1130.132, eff. 7-7-71: Ord. 1130.186, eff. 12-6-78: Ord. 1130.273, eff. 11-15-90: Ord. 1130.297, eff. 3-27-97)

A.

The following usable open space shall be required in the R-2, R-3, R-4, and R-5 Districts: There shall be three hundred (300) square feet of usable open space per dwelling unit.

B.

Usable open space may consist of outdoor area on the ground, in front, street side, interior side, or rear setback areas or on any balcony, deck, porch or rooftop which is designed and accessible for outdoor living, recreation, pedestrian access or landscaping complying with the following provisions:

1.

Required parking areas and their driveways shall not be included in computing usable open space;

2.

Area included in computing common usable open space shall be accessible to all units in common and no such required space shall be less than three hundred (300) square feet in area and shall have no dimension less than fifteen (15) feet; rooftop gardens and rooftop landscaping, including rooftops above parking structures, may be used to satisfy this requirement;

3.

Private usable open space may be substituted for common usable open space, provided such element of open space either has an area of at least one hundred fifty (150) square feet, with no dimension less than ten (10) feet, if located at ground level, or an area of at least fifty (50) square feet, with no dimension less than six (6) feet, if located above ground level;

4.

Each element of usable open space shall be completely open on at least one (1) side and shall have a clear vertical height of not less than seven (7) feet, and not less than fifty percent (50%) of the total required usable open space shall be unobstructed to the sky;

5.

Usable open space shall be improved to support passive or active use by residents. Such open space shall be located on the same lot as the dwelling units for which it is required. The computation of such open space shall include no obstructions other than devices and structures designed to enhance its usability, such as swimming pools, small changing facilities, fountains, planters, benches and landscaping;

6.

Where possible, pervious areas set aside as usable open space may also serve as areas for infiltration of stormwater runoff, subject to review and approval by the Engineering and Construction Division. Use of open space areas for stormwater control shall be incorporated into plans to comply with the provisions of Section 32.12 (Stormwater Treatment) of the Zoning Ordinance and Chapter 27A (Stormwater Treatment and Maintenance Program) of the Municipal Code, as that Section and Chapter, respectively, may be amended from time to time.

(Ord. 1130, eff. 7-10-64: Ord. 1130.130, eff. 5-26-71: Ord. 1130.132, eff. 7-7-71: Ord. 1130.273, eff. 11-15-90; Ord. 1130.336 § 25, eff. 1-5-06)

Ord. No. 1130-384, § 4(Exh. A), 4-12-21; Ord. No. 1130-386, § 4(Exh. A), 7-24-23)

This Section establishes standards and requirements related to consistency with the Comprehensive Airport Land Use Compatibility Plan for the Environs of San Carlos Airport (ALUCP). The following requirements and criteria shall be incorporated into all applicable projects:

A.

Airport Real Estate Disclosure Notices. All new development is required to comply with the real estate disclosure requirements of State law (California Business and Professions Code Section 11010(b)(13)). The following statement must be included in the notice of intention to offer the property for sale or lease:

"Notice of Airport in Vicinity. This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you."

B.

Airport Noise Evaluation and Mitigation. All projects shall comply with the Noise Compatibility Policies of the ALUCP. Uses shall be reviewed per the noise/land use compatibility criteria listed in Table 4-3 of the ALUCP. Uses listed as "conditionally compatible" shall be required to mitigate impacts to comply with the interior (CNEL forty-five (45) dB or lower, unless otherwise stated) and exterior noise standards established by the ALUCP or Redwood City General Plan, whichever is more restrictive. Unless otherwise precluded by State law, projects shall also be consistent with ALUCP Noise Policy 3—Residential Land Uses. Any action that would either permit or result in the development or construction of a land use considered to be conditionally compatible with aircraft noise of CNEL sixty (60) dB or greater (as mapped in the ALUCP) shall require the grant of an avigation easement to San Mateo County as a condition of approval prior to issuance of a building permit(s) for any proposed buildings or structures, consistent with ALUCP Overflight Policy 2—Overflight Easement Review Area.

C.

Overflight Notification Requirement. All new residential development projects, other than additions and accessory dwelling units (ADUs), within Overflight Notification Zone 2 shall incorporate a recorded overflight notification requirement as a condition of approval in order to provide a permanent form of overflight notification to all future property owners, consistent with ALUCP Overflight Policy 2—Overflight Notification Zone 2.

D.

Safety Compatibility Evaluation. All uses must comply with Safety Compatibility Policies of the ALUCP. Project applicants shall be required to evaluate potential safety issues if the property is located within any of the Safety Compatibility Zones established in the ALUCP and depicted in Exhibit 4-3 of the ALUCP. All projects located within a Safety Compatibility Zone shall be required to determine if the proposed land use is compatible with the Safety Compatibility Land Use Criteria as noted in ALUCP Safety Compatibility Policy 1—Evaluating Safety Compatibility for New Development and listed in Table 4-4 of the ALUCP.

E.

Airspace Protection Evaluation. All projects shall comply with Airspace Protection Policies of the ALUCP.

1.

Notice of Proposed Construction or Alteration. Project applicants shall be required to file Form 7460-1, Notice of Proposed Construction or Alteration, with the Federal Aviation Administration (FAA) for any proposed new structure and/or alterations to existing structures (including ancillary antennae, mechanical equipment, and other appurtenances) that would exceed the FAA notification heights as depicted in ALUCP Exhibit 4-4a. Any project that would exceed the FAA notification heights shall submit a copy of the findings of the FAA's aeronautical study, or evidence demonstrating exemption from having to file FAA Form 7460-1, as part of the development permit application.

2.

Maximum Compatible Building Height. The maximum height of new buildings/structures must be the lower of (1) the height of the controlling airspace protection surface shown on Exhibit 4-4 of the ALUCP, or (2) the maximum height determined not to be a "hazard to air navigation" by the FAA in an aeronautical study prepared pursuant to the filing of Form 7460-1.

3.

Other Flight Hazards. Within Airport Influence Area (AIA) B, certain land use characteristics are recognized as hazards to air navigation and, per ALUCP Airspace Protection Policy 6—Other Flight Hazards are Incompatible, need to be evaluated to ensure compatibility with FAA rules and regulations. These characteristics include the following:

a.

Sources of glare, such as highly reflective buildings, building features, or blight lights including search lights, or laser displays, which would interfere with the vision of pilots in making approaches to San Carlos Airport.

b.

Distracting lights that could be mistaken by pilots on approach to San Carlos Airport for airport identification lightings, runway edge lighting, runway end identification lighting, or runway approach lighting.

c.

Sources of dust, smoke, water vapor, or steam that may impair the vision of pilots making approaches to San Carlos Airport.

d.

Sources of steam or other emissions that may cause thermal plumes or other forms of unstable air that generate turbulence within the flight path.

e.

Sources of electrical interference with aircraft or air traffic control communications or navigation equipment, including radar.

f.

Features that create an increased attraction for wildlife as identified in FAA rules, regulations, and guidelines including, but not limited to, FAA Order 5200.5A, Waste Disposal Sites On or Near Airports, and Advisory Circular 150/5200-33B, Hazardous Wildlife Attractants On or Near Airports. Land uses with the possibility of attracting hazardous wildlife include landfills and certain recreational or agricultural uses that attract forty-eight (48) through large flocks of birds. Exceptions to this policy are acceptable for wetlands or other environmental mitigation projects required by ordinance, statute, court order, or record of decision issued by a Federal agency under the National Environmental Policy Act.

(Ord. No. 1130-386, § 4(Exh. A), 7-24-23)

Editor's note— Ord. No. 1130-364, § 17(Exh. M), adopted Aug. 24, 2015, repealed § 32.11 which pertained to construction in yards and derived from Ord. 1130.153, eff. 7-9-75; Ord. 1130.273, eff. 11-15-90; and Ord. 1130.318, eff. 8-13-03.

A.

Purpose. The purpose of the requirements set forth in this section is to provide zoning standards that minimize the quantity of runoff and associated pollutants in stormwater runoff from developed sites to creeks, the stormdrain system and, ultimately, to the San Francisco Bay. Enhanced stormwater quality can be achieved through reduction of impervious surfaces, the protection of watercourses and riparian vegetation, providing for infiltration of stormwater on-site through vegetation and soils, and with engineered treatment systems.

B.

Applicability and Compliance with Article 27A. All new development, additions and reconstruction as outlined below are subject to the provisions of this Section and of Chapter 27A (Stormwater Treatment Measures and Maintenance Program) of the Municipal Code, as that Chapter may be amended from time to time, which outlines technical requirements for stormwater control. Chapter 27A assures engineering review of all applicable plans for compliance with the requirements of the San Mateo County City/County Nationwide Pollution Discharge Elimination System (NPDES) permit, as approved by the San Francisco Bay Regional Water Quality Control Board. The following development is subject to this section and its applicable subsections:

1.

All new development that proposes a net increase in impervious area on a site or that removes and replaces more than fifty percent (50%) of the existing impervious area on a site (but not less than ten thousand (10,000) square feet) shall comply with the provisions of Subsection C (Minimum Pervious Areas) of this Section. Compliance is not required when no net increase in impervious area is proposed and replacement of existing impervious area comprises no more than fifty percent (50%) of the existing impervious area or less than ten thousand (10,000) square feet of impervious area.

2.

All new development that proposes an increase in impervious area and/or replacement of impervious area of more than ten thousand (10,000) square feet on a site, and the total of which comprises fifty percent (50%) or more of the existing impervious area of the site shall comply with the provisions of Subsections D (Infiltration of Stormwater) and E (On-Site Treatment of Runoff) of this Section for the entire site.

3.

All new development that proposes an increase in impervious area and/or replacement of impervious area of more than ten thousand (10,000) square feet on a site, and the total of which does not comprise more than fifty percent (50%) of the existing impervious area of the site, shall comply with the provisions of Subsections D (Infiltration of Stormwater) and E (On-Site Treatment of Runoff) of this Section for the portion(s) of the site where impervious area is added or replaced.

4.

All new development shall comply with the provisions of Subsection F (Creek Protection and Setbacks).

5.

Notwithstanding the above provisions, any project that adds and/or replaces impervious area of one (1) acre or greater shall comply with the provisions of all Subsections C, D, E and F of this Section.

6.

Increases in impervious area and replacement of existing impervious area shall include all (cumulative) development of a site over any five (5) year period, as determined by the Zoning Administrator, to assure compliance in the event of multiple phases of development.

C.

Minimum Pervious Areas. All development as outlined in Subsection (B)(1) of this section shall comply with the minimum pervious area requirements for the pertinent zoning district within which the site is located, subject to the following provisions:

1.

Pervious area may be comprised of pervious landscape area, vegetated open space or pervious paving materials, subject to the Engineering and Construction Division's determination of the appropriate permeability ratio for such materials. The Engineering and Construction Division shall maintain a listing of acceptable materials and assumed permeability ratios, which may vary depending on site factors.

2.

Areas in park strips in the public right-of-way (between the sidewalk and the roadway) or in an easement may be included as pervious area for the site if: (a) the park strip area is paved or is barren (without vegetation) prior to development; and (b) the area is converted to landscaping and is used to capture and treat a portion of the drainage from the site, subject to approval of the Engineering and Construction Divisions.

3.

Where the replacement of impervious area comprises greater than fifty percent (50%) of the existing impervious area on the site, but no net increase in impervious area is proposed, the Zoning Administrator may allow the use of engineering on-site treatment (in-line filtration or similar means) for stormwater management in lieu of pervious area requirements, subject to approval by the Engineering and Construction Division.

4.

For land uses that require a high percentage of impervious surface area and that have a potential to generate significant quantities of surface pollutants such as service stations, car washes, automobile repair services or similar uses, the Zoning Administrator may require the use of grease traps, water recycling systems, and/or other means of stormwater protection in lieu of or in addition to pervious area limitations.

D.

Infiltration of Stormwater. Drainage from development sites, and particularly from parking lots, shall be directed to landscape, vegetated swales or other permeable areas for filtration of runoff prior to discharge from the site, unless the Zoning Administrator, with the approval of the Engineering and Construction Division, allows for alternate methods of treatment including, but not limited to, infiltration basins and in-line filtration. Drainage from parking garage surfaces shall be collected and treated prior to discharge from the site or may be directed to permeable areas of the site for treatment, subject to approval by the Engineering and Construction Division.

E.

On-Site Treatment of Runoff. All treatment of runoff, whether through site design, source control or stormwater treatment measures, shall require approval by the Engineering and Construction Division consistent with the requirements of Chapter 27A of the Municipal Code, as that Chapter may be amended from time to time. Applicants are advised to review and incorporate stormwater management concepts outlined in relevant publications, such as the "Start at the Source Handbook" and the "Start at the Source Tools" prepared by the Bay Area Stormwater Management Agencies Association (BASMAA). Special treatment measures may be required to assure protection of Sensitive Areas, consistent with the Countywide Stormwater Pollution Prevention Program (STOPPP).

F.

Creek Protection and Setbacks. All areas within thirty (30) feet of the centerline or twenty-five (25) feet of the top of the bank, whichever is greater, of a protected watercourse shall be subject to the following regulations:

1.

Existing structures shall be maintained so that such structures will not become a hazard to the use, function or physical integrity of the watercourse;

2.

The stream banks or other land within such setback area shall not be filled, graded or disturbed, and no riparian vegetation shall be removed, except for normal maintenance of vegetation and protective restoration or maintenance to prevent flooding, reduce siltation or otherwise provide for the public health or safety, if approved by the City Engineer or his or her designee;

3.

No development of structures and no addition of new impervious surfaces are allowed within the setback area except for: (1) unpaved trails, or (2) paved trails if approved by the Zoning Administrator and Engineering and Construction Division, unless a Use Permit is approved by the Zoning Administrator, consistent with the findings outlined in Article 42 of the Redwood City Zoning Code and the following additional findings:

a.

The development will not disturb riparian vegetation;

b.

The development will maintain the stability of the slopes of the creek bank;

c.

The development will be designed to avoid discharge of pollutants directly to the watercourse and will assure that the discharge of runoff will be filtered over a minimum of twenty-five (25) feet of vegetation or through other equivalent means to the satisfaction of the Engineering and Construction Division;

All existing structures and impervious surfaces may remain, subject to the provisions of Article 33 (Nonconforming Lots, Uses, Structures and Parking) of the Zoning Ordinance. Structures within the creek setback may be modified only in accordance with Article 33 and the Use Permit provisions of subsection (F)(3) of this section.

(Ord. 1130.336 § 26, eff. 1-5-06)

A.

Purpose. To clarify the basic procedures, requirements, and functions of the State Density Bonus law as it is modified from time to time and to comply with Government Code Section 65915.

B.

Definitions.

1.

"Affordable Housing Unit" means an ownership or rental dwelling unit affordable to households with extremely-low, very-low, low or moderate incomes as published periodically by the California Department of Housing and Community Development for households in San Mateo County or equivalent as approved by the Community Development Director.

2.

"Base Density" means the maximum residential density, measured as the number of dwelling units per acre, allowed by the applicable General Plan designation, Specific Plan, or Zoning District. If a range of density is permitted, the maximum allowable density in the range is applicable. However, if there is no applicable dwelling unit per acre standard, the City shall calculate the maximum allowable density as required by State Density Bonus Law. A density bonus applicant may submit a base density study for the City's consideration that meets the requirements of the State Density Bonus Law.

3.

"Bonus Units" means additional units granted by the State Density Bonus law. Bonus units may exceed local zoning and General Plan densities.

4.

"Concession or Incentive" means a modification in development standards, zoning code requirements, architectural design requirements, parking requirements, or other concessions or incentives identified in Government Code Section 65915(k) or any successor provision that result in identifiable and actual cost reductions, in order to provide for affordable housing.

5.

"State Density Bonus law" means Sections 65915 through 65918 of the California Government Code.

6.

"Waiver" means a modification of development standards that would otherwise physically preclude the construction of a development meeting the criteria of this Section at the density permitted under State Density Bonus law or with the concessions and incentives granted under this Section and State Density Bonus Law.

C.

Applicability. This Section 32.19 applies to all residential or mixed-use development projects with a net increase of five (5) or more dwelling units or a project that otherwise meets the applicable requirements of the State Density Bonus law. The requirements summarized in Section 32.19 are for informational purposes only; the requirements of the State Density Bonus law shall prevail in the event of any conflict.

D.

Submittal Requirements and Review Process.

1.

To apply for a State Density Bonus, incentive, concession, waiver, or parking modification, the applicant shall submit a letter of intent to the City along with the first application for approval of a residential or mixed-use development project that demonstrates the project's eligibility for the requested State Density Bonus, incentive, concession, waiver, or parking modification.

2.

The letter of intent shall specify the Base Density permitted by the zoning and General Plan including a base density study, as applicable, the affordability levels to be provided, tenure (for-sale or rental), number and location of affordable housing units or senior housing provided, description of all dwelling units existing on the site in the five-year period preceding the date of submittal, number of bonus units requested, number of concessions or incentives requested, and what specific incentives, concessions, waivers, or parking modifications would be sought.

3.

The letter of intent shall include sufficient information for the review authority to determine whether the application conforms with the following requirements and shall contain any additional information specified in Section 32.19(F) and (G):

a.

Replacement of Units. The development provides sufficient units to account for the replacement of units currently rented or rented to low and very low income households in the past five (5) years, as required by Government Code Section 65915(c)(3).

b.

Concessions and Incentives. Except as provided in Section 32.19(F)(3) (Concessions and Incentives), evidence that any requested concession or incentive will reduce the cost of the housing development to provide for affordable housing costs or rents; except that, if a mixed-use development is requested, the application must instead meet all of the requirements of Government Code Section 65915(k)(2).

c.

Waiver. Evidence that the development standards for which a waiver is requested would have the effect of physically precluding the construction of a development at the densities or with the concessions or incentives permitted by Government Code Section 65915.

d.

Parking Modification. If a parking modification is sought, evidence that the project is eligible for the parking reduction allowed by Government Code Section 65915(p).

e.

Donation of Land. If the density bonus is based all or in part on donation of land, all of the requirements included in Government Code Section 65915(g) have been met.

f.

Child Care Facility. If the density bonus or incentive is based all or in part on the inclusion of a child care facility, all of the requirements included in Government Code Section 65915(h) have been met.

g.

Condominium Conversion. If the density bonus or incentive is based all or in part on the inclusion of affordable units as part of a condominium conversion, all of the requirements included in Government Code Section 65915.5 have been met.

h.

Height. Evidence that the project is eligible for additional height as provided in Government Code Section 65915(d)(2)(D).

4.

The applicant shall be notified if the application is complete in a manner consistent with Government Code Section 65943.

5.

An application for a State Density Bonus, incentive, concession, waiver, or parking modification shall be considered and acted upon by the review authority with authority to review the residential or mixed-use development project concurrently with the action on the underlying project within the timelines prescribed by Government Code Sections 65950 et seq.

E.

Residential Density Bonus Calculation.

1.

Density Bonus. Projects shall receive a density bonus in accordance with the State Density Bonus law as it is modified from time to time.

2.

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

3.

Other Projects Qualifying for a Bonus. Land donation, child care facilities, condominium conversions, residential developments for transitional foster youth, disabled veterans or homeless persons, or any other project that otherwise meets the applicable requirements of the State Density Bonus law.

4.

Affordable Housing Plan and Agreement. Applicants must submit an Affordable Housing Plan in compliance with Section 29.7 (Affordable Housing Plan and Agreement) in connection with their first application for a planning permit, along with additional information required under Section 32.19(D) (Submittal Requirements and Review Process) to evaluate the project's eligibility for a density bonus, incentives or concessions, waivers, and parking modifications. Projects requesting a State Density Bonus are also required to record an affordable housing agreement in compliance with Section 29.7 (Affordable Housing Plan and Agreement) prior to final or parcel map approval, or, where a map is not processed, prior to issuance of any building permit.

F.

Requirements for Obtaining Concessions, Incentives, or Parking Modifications.

1.

Number of Concessions. Concessions or incentives are permitted by State Density Bonus law as it is modified from time to time.

2.

Process for Requesting. A request for a concession, incentive, or parking modification must be submitted in writing as part of the application process specified in Section 32.19(D) (Submittal Requirements and Review Process). Granted concessions, incentives, or parking modifications shall be identified by staff in entitlements.

3.

Concessions and Incentives. The concessions and incentives listed below in this Subsection (3) are presumed to result in identifiable and actual cost reductions to provide for affordable housing costs. These concessions and incentives may be requested by the applicant and may be considered by the City without additional documentation. Regulatory incentives or concessions not listed below in this Subsection (3) that are proposed by the developer shall be granted if the developer demonstrates that the incentives or concessions result in identifiable and actual cost reductions to provide for affordable housing costs.

a.

Building height or building stories.

b.

Rear yard setback.

c.

Lot coverage.

d.

Usable open space.

e.

Floor area.

f.

Parking.

g.

Standards relating to architectural bulk and mass, including upper story step-backs.

h.

Minimum distance between buildings.

i.

Maximum building length.

j.

Duration of permit effectiveness.

4.

Parking Modifications. The State Density Bonus law provides alternative parking requirements that may potentially be lower than City parking requirements. Parking reductions specified in Government Code Section 65915 are not counted as concessions, incentives, or waivers. However, the applicant may request additional concessions, incentives, or waivers related to parking.

5.

Denial of Concessions and Incentives. The review authority shall grant a requested concession or incentive unless the review authority makes any of the following findings, in writing and supported by substantial evidence:

a.

The concession or incentive does not result in identifiable and actual cost reductions to provide for affordable rents or affordable ownership costs.

b.

The concession or incentive would have a specific adverse impact, as defined in Government Code Section 65589.5(d)(2), upon the health, safety, or the physical environment with no feasible method to satisfactorily avoid or mitigate.

c.

The concession or incentive would have an adverse impact on a real property that is listed in the California Register of Historical Resources with no feasible method to satisfactorily avoid or mitigate.

d.

The concession or incentive would be contrary to State or federal law.

G.

Waivers. Developers of State Density Bonus eligible projects may seek a waiver of any development standard that would physically preclude the construction of a housing development with the density bonus and incentives for which the applicant is entitled. The applicant shall bear the burden of demonstrating that the development standards that are requested to be waived will have the effect of physically precluding the construction of the housing development with the density bonus and incentives. There is no limit to the number of waivers that can be granted. A request for a waiver must be submitted in writing as part of the application process specified in Section 32.19(D) (Submittal Requirements and Review Process). Granted waivers shall be identified by staff in entitlements. The City shall grant a waiver unless the review authority makes any of the following findings in writing and supported by substantial evidence:

1.

The waiver would have a specific adverse impact, as defined in Government Code Section 65589.5(d)(2), upon health, safety, or the physical environment, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to lower and moderate income households.

2.

The waiver would have an adverse impact on a real property that is listed in the California Register of Historical Resources with no feasible method to satisfactorily avoid or mitigate.

3.

The development standard for which a waiver is requested would not physically preclude the construction of the housing development with the density bonus and incentives or would otherwise be contrary to State or federal law.

H.

Affordability and Development Standards. All Affordable Housing Units must comply with the standards specified in Section 29.6 (Standards for Affordable Housing).

I.

Commercial Density Bonus.

1.

A "commercial density bonus" is a modification of development standards mutually agreed upon by the City and an applicant for a nonresidential development project that is eligible for such a bonus under Government Code 65915.7. Examples of a commercial density bonus include an increase in floor area ratio, increased building height, or reduced parking.

2.

Developer shall enter into an Affordable Housing Plan and Agreement with the City that meets the requirements of Section 29.7 (Affordable Housing Plan and Agreement) and that demonstrates how the developer intends to provide the affordable housing required to qualify for a commercial density bonus under Government Code 65915.7. An Affordable Housing Plan and Agreement under this section may take the form of a "partnered housing agreement." For purposes of this section, a partnered housing agreement is an agreement between the developer, the City, and a third-party housing developer who will provide the affordable units on behalf of the developer.

3.

Any approved housing agreement for a commercial density bonus shall be described in the City's Housing Element annual report as required by Government Code Section 65915.7(k) and shall require the following:

a.

At least thirty percent (30%) of the total units in the housing development project shall be made available at affordable ownership cost or affordable rent for low-income households, or at least fifteen percent (15%) of the total units in the housing development project shall be made available at affordable ownership cost or affordable rent for very low-income households.

b.

The nonresidential development project developer must agree either to directly build the affordable units; donate a site consistent with Section 32.19(I)(4) for the affordable units; or make a cash payment to the housing developer for the affordable units.

4.

Housing Site. Housing development shall be at the same site as the nonresidential development project or on a site within the City that is within a quarter-mile of the site, or within one-half (½) mile of a major transit stop and is located in close proximity to public amenities, including schools and employment centers.

5.

Eligibility for State Density Bonus. The housing development project shall remain eligible for any State Density Bonus, incentives, concessions, waivers, or parking modifications for which the housing development project would otherwise be eligible and that are provided by this Section 32.19.

(Ord. 1130.274, eff. 2-6-91: Ord. 1130.324 § 1, eff. 10-27-03)

(Ord. No. 1130-375, § 4, 6-25-18; Ord. No. 1130-890, § 4(Exh. A), 8-26-24)

A.

Applicability/Purpose. See Section 32.19(A); provided, however, that the provisions of this section pertain to housing developments consisting of condominium conversions relating to five (5) or more dwelling units.

B.

Criteria for Density Bonus or Incentive.

1.

When an applicant for approval to convert apartments to a condominium project agrees to provide at least thirty-three percent (33%) of the total units of the proposed condominium project to persons and families of low or moderate income as defined in Section 50093 of the Health and Safety Code, or fifteen percent (15%) of the total units of the proposed condominium project to lower income households as defined in Section 50079.5 of the Health and Safety Code, and agrees to pay the reasonably necessary administrative costs incurred by the City pursuant to this section, the City Council, following review by the Planning Commission shall either (a) grant a density bonus or (b) provide other incentives of equivalent financial value. "Density Bonus" as used in this section means an increase in units of twenty-five percent (25%) over the number of apartments to be provided within the existing structure or structures proposed for conversion.

C.

Approval of Density Bonus.

1.

The procedure to apply for the Density Bonus shall be as set forth in 32.19(D).

2.

An applicant shall be ineligible for a density bonus or other incentives under this section if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentives were provided under Section 32.19.

3.

Nothing in this section shall be construed to require the City to approve a proposal to convert apartments to condominiums.

(Ord. 1130.274, eff. 2-6-91)

A.

Criteria for Exceptions to Density Requirements for Housing for Seniors/Elderly.

1.

The maximum density otherwise applicable for "RH," "R-1," "R-2," "R-3," "R-4," and "R-5" Zoning Districts may be doubled for housing projects for Senior/Elderly persons containing not less than twenty (20) units. Application for the foregoing density exceptions to zoning district regulations shall be made pursuant to the provisions of Article 46, pertaining to the issuance of planned development permits, and the procedures of said article shall govern the granting of such exceptions.

2.

To qualify for this density exception, the Planning Commission must find that:

a.

The proposed project provides adequate housing for Senior/Elderly persons.

b.

The proposed project is of the same general character as the housing immediately adjacent to the site of the proposed project.

c.

The proposed project shall be used exclusively for housing for Senior/Elderly persons who are age sixty (60) and over.

B.

Conditions. Reasonable conditions in granting exceptions to zoning district density requirements hereunder may be imposed by the Planning Commission; provided, that one (1) such condition shall require that the proposed project shall be used exclusively as housing for Senior/Elderly persons who are age sixty (60) and over. Conditions imposed hereunder shall be recorded in form approved by the City.

C.

Exclusion. The provisions of this Section are not applicable for residential care facilities, nursing homes, and skilled nursing facilities or if a proposed project is granted a density bonus under Section 32.19 or 32.20.

D.

Effect. Except as to the contrary herein permitted, all other regulations of the zoning district in which a proposed housing project for Senior/Elderly persons is located shall remain in full force and effect.

(Ord. 1130.274, eff. 2-6-91)

(Ord. No. 1130-890, § 4(Exh. A), 8-26-24)