Density bonuses (incentives and concessions) shall be granted by the city by providing increased residential densities for projects that guarantee that a portion of the housing units will be affordable to very low-, low-, or moderate-income households or senior citizens, or include child care facilities.

(Code 1980, § 20-32.1; Ord. No. 04-03, § 15; Ord. No. 04-04, §§ 3, 4; Ord. No. 15-03, § 6)

Density bonuses shall be granted upon site plan review and summarized as follows:

(1)

Applications. All applications for a density bonus, developer incentive, or waiver or modification of development standards must include the following information:

a.

The total number of base units and affordable housing units;

b.

The specific developer incentives sought, if any, and documentation regarding the necessity of the incentive in order to provide affordable housing costs or rents;

c.

The specific waiver or modification to development standards, if any, and documentation regarding the necessity of the waiver or modification, including documentation demonstrating that the city's development standards physically preclude the utilization of a density bonus.

(2)

Land donations. If requesting a density bonus based on land donation, in addition to the above listed information, the application must:

a.

Demonstrate the developable acreage and zoning classification is compliant with eligibility criteria of section 106-536(a), and that the site is or will be served by adequate public facilities and infrastructure;

b.

Verify that all permits and approvals, other than building permits, necessary for the development of the very low-income housing units have been secured prior to the date of approval of the final subdivision map, parcel map, or other development permits;

c.

Verify that the developer can donate and transfer land no later than the date of approval of the final subdivision map, parcel map, or residential development application; and

d.

The land will be transferred to the city or to a housing developer approved by the city. The city may require the developer to identify and transfer the land to the affordable housing developer.

(3)

Child day care facilities. If requesting a density bonus based on the provision of a child day care facility, in addition to the above-listed information, the application must:

a.

Provide the location of the proposed child day care facility and the proposed operator;

b.

Agree to operate the child day care facility 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;

c.

Agree to have contracted with a child day care facility operator for operation of the child day care facility before the first building permit is issued;

d.

Agree that the child day care facility will be in operation when the first certificate of occupancy is issued; and

e.

Of the children who attend the child care facility, the children of very low-income households, low-income households, and moderate-income households shall equal a percentage that is equal to or greater than the percentage of affordable units in the housing development that are required for very low-, low-, or moderate-income households.

The city shall not be required to provide a density bonus or concession or incentive for a child care facility if it finds, based upon substantial evidence, that the community has adequate child day care facilities.

(Code 1980, § 20-32.2; Ord. No. 04-03, § 15; Ord. No. 04-04, §§ 3, 4; Ord. No. 15-03, § 7)

(a)

Applicability. The provisions of this section apply to the development of housing units or any qualified land transfer that satisfy one or more of the criteria set forth in Government Code § 65915.

(1)

All units for persons with disabilities shall be exempt from maximum residential density requirements;

(2)

Incentives shall be provided for the development of planned unit developments (PUD) that include amenities and the preservation of common open space, and accommodate seniors and lower income (low and very low) projects with a 25-percent density bonus pursuant to Government Code § 65915;

(3)

A 25-percent density bonus shall be granted for market rate residential developments that set aside 20 percent of the total number of units, with restrictions, for very low- and low-income persons;

(4)

The city shall provide a ten percent density bonus to accommodate large family dwelling units;

(5)

The city shall grant a density bonus equal to the number of lots or units lost as a result of providing additional, useable recreational space for very low- and low-income and special needs housing in planned unit developments.

(b)

Calculating the density bonus. A density bonus shall be calculated on a sliding scale based upon the amount by which the percentage of affordable housing units exceeds the minimum number of affordable units required to qualify for a density bonus established under state law. Density bonus and applicable concessions or incentives shall be calculated as set forth in California Government Code § 65915.

(c)

Developer incentives.

(1)

Restrictions. When an applicant seeks a density bonus as prescribed by Government Code § 65915, the city will grant the number of developer incentives as required by subsection (c)(2) of this section, unless it makes any of the following findings:

a.

The developer incentives are not required in order to provide affordable housing, as defined in Health and Safety Code § 50052.5 or 50053, or for rents for the targeted units to be set as specified in Government Code § 65915(c).

b.

The developer incentives would have a specific adverse impact, as defined in Government Code § 65589.5(d)(2), upon the public health and safety or the physical environment or on any real property that is listed in the California Register of Historical 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- and moderate-income households.

c.

The developer incentives would be contrary to State or Federal law.

(2)

Number of developer incentives. A developer eligible to receive a density bonus shall receive the number of concessions or incentives, in addition to a density bonus as defined under Government Code title 7, div. 1, ch. 4.3 (Government Code § 65915 et seq.).

(3)

Developer incentives defined. For the purposes of this section, concession or incentive means any of the following:

a.

Reduced site development standards or modified zoning code or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in the California Building Standards Law (Government Code § 18901 et seq.), including, but not limited to, a reduction in setback and square footage requirements and the ratio of vehicular parking spaces that would otherwise be required that results in identifiable, financially sufficient, and actual cost reductions.

b.

Approval of mixed-use zoning 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.

c.

A density bonus greater than the amount required by this section.

d.

Deferred or waived planning, plan check, construction permit, and/or development impact fees, in accordance with any fee deferral and waiver process and policies adopted by the city.

e.

Direct financial aid in the form of a loan or grant to subsidize off-site improvements, or land or construction costs.

f.

Other regulatory developer incentives proposed by the developer or the city that result in identifiable, financially sufficient, and actual cost reductions.

(Code 1980, § 20-32.3; Ord. No. 15-03, § 8)

The city shall grant the additional concession or incentive, unless the city makes a written finding and determination, based on substantial evidence, that the additional concession or incentive is not required in order to provide for affordable housing costs, as defined in Health and Safety Code § 50052.5.

(Code 1980, § 20-32.4; Ord. No. 04-03, § 15; Ord. No. 04-04, §§ 3, 4; Ord. No. 15-03, § 9)

(a)

Term of availability. Where affordable housing units have been provided per the requirements of section 106-535(1), or where a density bonus, incentives, or waivers of development standards has been made pursuant to this chapter, the developer shall ensure both of the following:

(1)

Continued availability of affordable units for a minimum of 30 years.

(2)

Project phasing, including timing of completion, and rental or sale of affordable housing units shall occur concurrently with non-restricted units.

(b)

Long-term affordability. A developer of affordable units shall enter into an affordable housing agreement with the city prior to the recordation of the final map, or the issuance of a grading permit or a building permit where approval of a map is not requested. The agreement shall be recorded against the parcels designated for construction of the affordable units. The agreement shall run with the land and shall be binding upon the successors in interest. At a minimum, the agreement shall include:

(1)

Total number and size of affordable units.

(2)

Maximum qualifying household incomes for the affordable units.

(3)

Standards for calculating affordable rents or affordable sales prices.

(4)

Enforcement mechanisms, including annual reporting and monitoring to ensure affordable units are continuously occupied by eligible households, and remedies for breach of the agreement.

(5)

Affordability term.

(Code 1980, § 20-32.5; Ord. No. 15-03, § 10)