Rio Vista City Zoning Code
CHAPTER 17
78 DENSITY BONUS
§ 17.78.010 Purpose and intent.
The purpose and intent of this chapter is to:
A.
Establish the standards and procedures in granting affordable housing density bonuses for housing developments, in an effort to incentivize the development of affordable units in the city; and
B.
Implement the requirements of the State Density Bonus Law (Government Code Sections 65915 and 65915.5).
(Ord. 009-2015 § 2; Ord. 001-2024, 2/20/2024)
§ 17.78.020 Definitions.
For the purposes of this chapter, the following words and phrases shall be interpreted as set forth in this section.
means units within a residential development which will be reserved for sale or rent to, and made available at an affordable rent or affordable ownership cost to very low, lower or moderate income households.
as defined in Government Code Section 65915(h)(4), means a child day care facility other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and school-age child care centers.
as defined in Government Code Section 65915(f), means a density increase over the otherwise maximum allowable residential density as of the date of application by the applicant to the city.
as defined in Government Code Section 65915(o)(1), includes a site or construction condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an on-site open-space requirement, or a parking ratio that applies to a residential development pursuant to any ordinance, general plan element, specific plan, or other local condition, law, policy, resolution, or regulation.
means the building official, director, zoning administrator, planning commission, or city council, as the case may be.
means households whose gross incomes do not exceed the qualifying very low, lower and moderate income limits established in 25 C.C.R. Section 6932, and amended periodically based on the U.S. Department of Housing and Urban Development ("HUD") estimate of median income in Marin County, and as adjusted by the State Department of Housing and Community Development. Pursuant to 25 C.C.R. Sections 6926, 6928 and 6930, these income limits are equivalent to the following:
"Very low income household" means persons and families whose gross incomes do not exceed 50% of area median income, adjusted for household size appropriate for the unit and other factors determined by HUD.
"Lower income household" means persons and families whose gross incomes do not exceed 80% of area median income, adjusted for household size appropriate for the unit and other factors determined by HUD.
"Moderate income household" means persons and families whose gross incomes do not exceed 120% of area median income, adjusted for household size appropriate for the unit and other factors determined by HUD.
as defined in Government Code Section 65915(i), means a development project for five or more residential units. For the purposes of this chapter, "housing development" also includes a subdivision or common interest development, as defined in Civil Code Section 4100, as approved by the city, and consists of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, as defined in Government Code Section 65863.4(d), where the result of the rehabilitation would be a net increase in available residential units. For the purpose of calculating a density bonus, the residential units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located.
as defined in Section 65915(o)(4) means a student who has a household income and asset level that does not exceed the level for Cal Grant A or Cal Grant B award recipients as set forth in paragraph (1) of subdivision (k) of Section 69432.7 of the Education Code. The eligibility of a student to occupy a unit for lower income students under this section shall be verified by an affidavit, award letter, or letter of eligibility provided by the institution of higher education in which the student is enrolled or by the California Student Aid Commission that the student receives or is eligible for financial aid, including an institutional grant or fee waiver from the college or university, the California Student Aid Commission, or the federal government.
as defined in Government Code Section 65915(o)(2), means the maximum number of units allowed under the zoning ordinance, specific plan or land use element of the general plan, or if a range of density is permitted, means the maximum allowable density for the specific zoning range and land use element of the general plan applicable to the project. Where the density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan, the general plan density shall prevail.
as defined in Government Code Section 65915(o)(7)(A), means a residential or mixed-use structure, with five or more shared housing units and one or more common kitchens and dining areas designed for permanent residence of more than 30 days by its tenants. The kitchens and dining areas within the shared housing building shall be able to adequately accommodate all residents. A "shared housing building" may include other dwelling units that are not shared housing units, provided that those dwelling units do not occupy more than 25% of the floor area of the shared housing building. A shared housing building may include 100% shared housing units.
as defined in Government Code Section 65915(o)(7)(B) means one or more habitable rooms, not within another dwelling unit, that includes a bathroom, sink, refrigerator, and microwave, is used for permanent residence, that meets the "minimum room area" specified in Section R304 of the California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations), and complies with the definition of "guestroom" in Section R202 of the California Residential Code.
(Ord. 009-2015 § 2; Ord. 001-2024, 2/20/2024)
§ 17.78.030 Applicability.
A.
This chapter shall apply to all zoning districts within the city that allow residential use.
B.
The bonus granted pursuant to this chapter shall apply only to residential projects or residential components of mixed-use projects, not including units granted as a density bonus.
C.
The proposed project shall have all of the following characteristics in order to qualify for a density bonus:
1.
The residential development must include a minimum of five dwelling units.
2.
The applicant seeks and agrees to provide housing units to very low, lower or moderate income households or senior citizens at rates consistent with those specified in Table 17.78.060 (Density Bonus Allowance).
3.
The resulting density is beyond that permitted by the applicable zoning district.
(Ord. 009-2015 § 2; Ord. 001-2024, 2/20/2024)
§ 17.78.040 Application requirements.
A.
Any applicant requesting a density bonus, incentives, and/or concessions must provide the city with a written proposal.
B.
The proposed project shall have all of the following characteristics in order to qualify for a density bonus:
1.
Requested Density Bonus.
a.
Evidence that the project includes the qualifying percentages of residential units set forth in Section 17.78.060, excluding the units added by the granted density bonus;
b.
Calculations showing the maximum base density;
c.
Number or percentage of affordable units and the income level at which the units will be restricted to;
d.
Number of market rate units that will result from the granted density bonus;
e.
Resulting density, described in units per square foot; and
2.
Documentation of Requested Incentives or Concessions.
a.
A pro forma or other report demonstrating that the requested incentives and concessions result in identifiable, financially sufficient and actual cost reductions necessary to ensure the financial feasibility of the proposed units shall be prepared. The city may require that an independent financial review be conducted at the expense of the applicant.
b.
The proposal shall include a description of any proposed waivers of development standards and why they are necessary for making the project physically possible.
c.
All requested incentives and concessions should not exceed the limits stated in Table 17.78.070 (Incentives and Concessions).
3.
Payment of fees set by resolution of the city council.
(Ord. 009-2015 § 2; Ord. 001-2024, 2/20/2024)
§ 17.78.050 Affordability restrictions.
A.
An applicant shall agree to, and the city shall ensure, continued affordability of all very low and lower income rental units that qualified the applicant for the award of the density bonus for 55 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. Rents for the lower income density bonus units shall be set at an affordable rent as defined in Health and Safety Code Section 50053.
B.
An applicant shall agree to, and the city shall ensure that, the initial occupant of all for-sale units that qualified the applicant for the award of the density bonus are persons and families of very low, lower, or moderate income, as required, and that the units are offered at an affordable housing cost, as that cost is defined in Health and Safety Code Section 50052.5. The city shall enforce an equity sharing agreement, unless it is in conflict with the requirements of another public funding source or law. The following apply to the equity sharing agreement:
1.
Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. The city shall recapture any initial subsidy, as defined in subsection (B)(2), and its proportionate share of appreciation, as defined in subsection (B)(3), which amount shall be used within five years for any of the purposes described in Health and Safety Code Section 33334.2(e) that promote home ownership.
2.
For purposes of this section, the city's initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the moderate-income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value.
3.
For purposes of this section, the city's proportionate share of appreciation shall be equal to the ratio of the city's initial subsidy to the fair market value of the home at the time of initial sale.
(Ord. 009-2015 § 2; Ord. 001-2024, 2/20/2024)
§ 17.78.060 Density bonus allowance for affordable and senior housing.
A.
Except as otherwise may apply by virtue of Section 17.78.120 or 17.78.130, a request for a density bonus pursuant to this chapter shall be granted only if the applicant agrees to construct a residential project that includes at least one of the following categories of deed restricted dwelling units:
1.
At least 5% of the units of a housing development, including a shared income building development, are dedicated to very low income households;
2.
At least 10% of the units of a housing development, including a shared income building development, are dedicated to lower income households;
3.
At least 10% of the units are dedicated to moderate-income households and are developed as common interest developments (including condominium projects, planned developments, community apartment projects or stock cooperatives) and are available to the general public for sale; or
4.
At least 35 dwelling units are dedicated and available exclusively to persons aged 55 and older and persons residing with them in accordance with Government Code Section 65915(b)(1)(C).
5.
At least 10% of the total units of a housing development for transitional foster youth, as defined in Section 66025.9 of the Education Code, disabled veterans, as defined in Section 18541, or homeless persons, as defined in the Federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Section 11301 et seq.).
6.
At least 20% of the total units for lower income students in a student housing development that meet the requirements in Government Code Section 65915(b)(1)(F).
7.
100% of all units in the development, including total units and density bonus units, but exclusive of a manager's unit or units, are for lower income households, as defined by Section 50079.5 of the Health and Safety Code, except that up to 20% of the units in the development, including total units and density bonus units, may be for moderate-income households, as defined in Section 50053 of the Health and Safety Code.
B.
The applicant shall elect whether the bonus shall be awarded on the basis of Section 17.78.060(A)(1), (A)(2), (A)(3), or (A)(4) above, and may elect to accept a lesser percentage of density bonus than shown in Table 17.78.060.
C.
The density bonuses available under this section shall not be combined.
D.
All calculations resulting in fractional units shall be rounded up to the next whole number.
Table 17.78.060 Density Bonus Allowance | |||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
Very Low Income | |||||||||||
Percentage Very Low Income Units | 5 | 6 | 7 | 8 | 9 | 10 | 11 | ||||
Percentage Density Bonus | 20 | 22.5 | 25 | 27.5 | 30 | 32.5 | 35 | ||||
Low Income | |||||||||||
Percentage Low Income Units | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 |
Percentage Density Bonus | 20 | 21.5 | 23 | 24.5 | 26 | 27.5 | 29 | 30.5 | 32 | 33.5 | 35 |
Moderate Income | |||||||||||
Percentage Moderate Income Units (10-20) | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 |
Percentage Density Bonus | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 |
Percentage Moderate Income Units (21-31) | 21 | 22 | 23 | 24 | 25 | 26 | 27 | 28 | 29 | 30 | 31 |
Percentage Density Bonus | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 | 26 |
Percentage Moderate Income Units (32-44) | 32 | 33 | 34 | 35 | 36 | 37 | 38 | 39 | 40 | ||
Percentage Density Bonus | 27 | 28 | 29 | 30 | 31 | 32 | 33 | 34 | 35 | ||
Senior Housing | |||||||||||
Number of Units | 35 units (minimum) that meet the requirements of Section 17.78.060(A)(4) | ||||||||||
Percentage Density Bonus | 20 | ||||||||||
(Ord. 009-2015 § 2; Ord. 001-2024, 2/20/2024)
§ 17.78.070 Incentives and concessions.
A.
In addition to the density bonus, an applicant who utilizes the density bonus provisions of this chapter may request one or more concessions or incentives. The number of incentives or concessions granted to the applicant shall be pursuant to the State Density Bonus Law, as set forth in Table 17.78.070 Incentives and Concessions, unless the city makes the findings and rejects a request under the procedures described in Section 17.78.080.
B.
"Incentives and concessions" means any of the following:
1.
A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards provided in Part 2.5 (commencing with Section 18901) of Division 13 of the California Health and Safety Code, and which result in identifiable, financially sufficient, and actual cost reductions.
2.
Approval of mixed-use zoning in conjunction with the housing project 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 and the existing or planned development in the area where the proposed housing project will be located.
3.
Other regulatory incentives or concessions proposed by the developer or the city that result in identifiable, financially sufficient, and actual cost reductions.
C.
Applicants may seek a waiver or reduction of development standards that will have the effect of precluding the construction of a residential development meeting the criteria of Section 17.78.060 of this chapter at the densities or with the concessions or incentives permitted by this chapter. The applicant must demonstrate that the waiver or modification is necessary to make the residential project, with the affordable units, economically feasible.
D.
The denial of an incentive is separate from a decision to approve or deny the project as a whole.
E.
The granting of a density bonus, incentives or concession, in and of itself, shall not be interpreted to require a general plan amendment, zoning map amendment, or other discretionary action for approval. Except as provided in this section, the granting of a density bonus shall not be interpreted to require the waiver of any ordinances or provisions of any ordinance of the city of Rio Vista unrelated to development standards.
F.
Nothing in this section shall limit or require the provision of direct financial incentives for the housing development, including the provision of publicly owned land, by the city, or the waiver of fees or dedication requirements.
G.
The city council may adopt implementing resolutions for the review of requested incentives or concessions.
Table 17.78.070 Incentives and Concessions | ||
|---|---|---|
Unit Affordability Level | Percentage of Total Housing Units | Number of Incentives or Concessions |
Very Low Income | 5% | 1 |
Lower Income | 10% | 1 |
Moderate Income | 10% | 1 |
Lower Income Students | 20% | 1 |
Very Low Income | 10% | 2 |
Lower Income | 20% | 2 |
Moderate Income | 20% | 2 |
Very Low Income | 15% | 3 |
Lower Income | 30% | 3 |
Moderate Income | 30% | 3 |
Low Income1 | 100% | 4 |
Note: | |
1 | Up to 20% of the units in a development, including total units and density bonus units, may be for moderate-income households. |
(Ord. 009-2015 § 2; Ord. 001-2024, 2/20/2024)
§ 17.78.080 Grounds for denial of requested incentives or concessions.
The city reserves the right to deny incentives or concessions requested by the applicant if written findings are made based upon substantial evidence demonstrating any of the following:
A.
The concession or incentive would be contrary to state or federal law.
B.
The concession or incentive is not required to provide for affordable housing costs as defined in Health and Safety Code Section 50052.5, or for rents for the targeted units to be set at affordable levels as specified in Health and Safety Code Section 50053.
C.
The requested waiver or reduction of development standards would have a specific adverse impact, as defined in Government Code Section 65589.5(d)(2), upon:
1.
Public health or safety 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; or
2.
The physical environment 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.
D.
The requested waiver or reduction of development standards would have an adverse impact any real property listed in the California Register of Historical Resources.
E.
Development is physically possible without granting a waiver of development standards.
(Ord. 009-2015 § 2; Ord. 001-2024, 2/20/2024)
§ 17.78.090 Requirement to replace affordable housing to qualify for density bonus, incentive, or concession.
A.
An applicant shall be ineligible for a density bonus or any other incentives or concessions under this chapter if the housing development is proposed on any property that includes a parcel or parcels on which rental dwelling units are or, if the dwelling units have been vacated or demolished in the five-year period preceding the application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; subject to any other form of rent or price control through the city's valid exercise of its police power; or occupied by lower or very low income households, unless the proposed housing development replaces those units, and either of the following applies:
1.
The proposed housing development, inclusive of the units replaced pursuant to this paragraph, contains affordable units at the percentages set forth in Section 17.78.060.
2.
Each unit in the development, exclusive of a manager's unit or units, is affordable to, and occupied by, either a lower or very low income household.
B.
For the purposes of this section, "replace" shall mean either of the following:
1.
If any dwelling units described in subsection A are occupied on the date that the application is submitted to the city, the proposed housing development shall provide at least the same number of units of equivalent size or type, or both, to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those households in occupancy. For unoccupied dwelling units described in subsection A in a development with occupied units, the proposed housing development shall provide units of equivalent size or type, or both, to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category in the same proportion of affordability as the occupied units. All replacement calculations resulting in fractional units shall be rounded up to the next whole number. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least 55 years. If the proposed development is for-sale units, the units replaced shall be subject to subsection (B)(2).
2.
If all dwelling units described in subsection A have been vacated or demolished within the five-year period preceding the application, the proposed housing development shall provide at least the same number of units of equivalent size or type, or both, as existed at the highpoint of those units in the five-year period preceding the application to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those persons and families in occupancy at that time, if known. If the incomes of the persons and families in occupancy at the highpoint is not known, then one-half of the required units shall be made available at affordable rent or affordable housing cost to, and occupied by, very low income persons and families and one-half of the required units shall be made available for rent at affordable housing costs to, and occupied by, low-income persons and families. All replacement calculations resulting in fractional units shall be rounded up to the next whole number. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least 55 years. If the proposed development is for-sale units, the units replaced shall be subject to Section 17.78.050(B).
(Ord. 009-2015 § 2; Ord. 001-2024, 2/20/2024)
§ 17.78.100 Condominium conversion.
A.
When an applicant for approval to convert apartments to a condominium project agrees to provide at least 33% of the total units of the proposed condominium project to persons and families of low or moderate income as defined in Health and Safety Code Section 50093, or 15% of the total units of the proposed condominium project to lower income households as defined in Health and Safety Code Section 50079.5, and agrees to pay for the reasonably necessary administrative costs incurred by the city pursuant to this section, the city shall either: (1) grant a density bonus; or (2) provide other incentives of equivalent financial value. The city may place such reasonable conditions on the granting of a density bonus or other incentives of equivalent financial value as it finds appropriate, including, but not limited to, conditions which assure continued affordability of units to subsequent purchasers who are persons and families of low and moderate income or lower income households.
B.
For purposes of this section only, "density bonus" means an increase in units of 25% over the number of apartments, to be provided within the existing structure or structures proposed for conversion.
C.
For purposes of this section only, "other incentives of equivalent financial value" shall not be construed to require the city to provide cash transfer payments or other monetary compensation but may include the reduction or waiver of requirements which the city might otherwise apply as conditions of conversion approval.
D.
An applicant for approval to convert apartments to a condominium project may submit to the city a preliminary proposal pursuant to this section prior to the submittal of any formal requests for subdivision map approvals. The city shall, within 90 days of receipt of a written proposal, notify the applicant in writing of the manner in which it will comply with this section. The city shall establish procedures for carrying out this section, which shall include approval by the city council of the means of compliance with this section.
E.
Nothing in this section shall be construed to require the city to approve a proposal to convert apartments to condominiums.
F.
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 any other section of this chapter.
G.
An applicant shall be ineligible for a density bonus or any other incentives or concessions under this section if the condominium project is proposed on any property that includes a parcel or parcels on which rental dwelling units are or, if the dwelling units have been vacated or demolished in the five-year period preceding the application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; subject to any other form of rent or price control through the city's valid exercise of its police power; or occupied by lower or very low income households, unless the proposed condominium project replaces those units, as defined in Government Code Section 65915(c)(3)(B), and either of the following applies:
1.
The proposed condominium project, inclusive of the units replaced pursuant to Government Code Section 65915(c)(3)(B), contains affordable units at the percentages set forth in subsection A.
2.
Each unit in the development, exclusive of a manager's unit or units, is affordable to, and occupied by, either a lower or very low income household.
(Ord. 009-2015 § 2; Ord. 001-2024, 2/20/2024)
§ 17.78.110 Alternative parking standards.
A.
For density bonus projects meeting the criteria set forth under Table 17.78.060 Density Bonus Allowance, upon a request by the applicant, the city shall allow the following modified parking requirements:
B.
The parking ratios set forth in this section are inclusive of accessible and guest parking spaces.
C.
All fractions of numbers shall be rounded up.
D.
An applicant may use tandem or uncovered parking spaces to meet these parking requirements.
(Ord. 009-2015 § 2; Ord. 001-2024, 2/20/2024)
§ 17.78.120 Design and quality.
A.
Affordable units must be constructed concurrently with market rate units and shall be dispersed within the development.
B.
The number of bedrooms of the affordable units shall be equivalent to the bedroom mix of the market rate units in the development.
C.
Affordable units shall be of equal design and quality as market rate units unless otherwise approved by the city.
1.
Exterior architectural appearance shall not differentiate between affordable and market rate units.
2.
Interior design, finishes and amenities of affordable units may differ from market rate units, but may not be of substandard or inferior quality as determined by the community development director.
(Ord. 009-2015 § 2; Ord. 001-2024, 2/20/2024)
§ 17.78.130 Child care facilities.
A.
When the applicant proposes to construct a housing development that includes affordable housing units as stated in Table 17.78.060 Density Bonus Allowance, and includes a "child care facility," as defined in this chapter, to be located on the premises of, part of, or adjacent to the housing development, the city shall grant either of the following to the applicant:
1.
An additional density bonus in an amount of square footage of residential space that is equal to or greater than the total square footage of the child care facility; or
2.
An additional incentive or concession that contributes significantly to the economic feasibility of the construction of the child care facility.
B.
A housing development shall be eligible for either the density bonus or concession described in this section once the granting authority makes the following findings:
1.
The granted density bonus or concession would contribute to the economic feasibility of the construction of the child care facility.
2.
The density bonus or concession would not have a significant adverse impact on public health, public safety or the physical environment to an extent which cannot be feasibly mitigated or avoided without compromising the affordability of very low income, low income and moderate income housing units. A specific adverse impact is a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that application was deemed complete.
C.
A floor area density bonus for the provision of a child care facility may be combined with a density bonus granted for the provision of affordable housing units. The combined density bonus for any residential development shall not exceed 35%.
D.
In order to grant the density bonus or concession available under this section, the city shall impose, as a condition of approval of the project, the following:
1.
The child care facility shall remain in operation for the same period of time in which affordable units of the development are proposed and required to remain affordable.
2.
Of the children attending the child care facility, the percentage of children of very low income, low income or moderate income households shall be equal to or greater than the percentage of the dwelling units proposed to be affordable to very low income, low income and moderate income households.
E.
Notwithstanding the foregoing, the city shall not be required to grant a density bonus or concession under this section if it determines, based on substantial evidence, that the community has adequate child care facilities.
(Ord. 009-2015 § 2; Ord. 001-2024, 2/20/2024)
§ 17.78.140 Land donations.
A.
An applicant for a tentative subdivision map, parcel map, or other residential development who donates land to the city, as provided for in this section, shall be entitled to a density bonus as shown in Table 17.78.140 Density Bonus for Land Donation.
B.
This increase shall be in addition to any increase in density allowed by Section 17.78.060, up to a maximum combined density bonus of 35% if an applicant seeks both the increase required pursuant to this section and Section 17.78.060. When calculating the number of permitted density bonus units, any calculations resulting in fractional units shall be rounded to the next whole number.
C.
An applicant shall be eligible for the increased density bonus described in this section when all of the following requirements are met:
1.
The applicant shall donate and transfer the land no later than the date of approval of the final tract or parcel map, or residential development application.
2.
The development acreage and zoning classification of the land being transferred shall be sufficient to permit construction of units affordable to very low income households in an amount not less than 10% of the number of residential units of the proposed development.
3.
The transferred land shall be at least one acre in size or of sufficient size to permit development of at least 40 units, has the appropriate General Plan designation, is appropriately zoned with appropriate development standards for development at the density described in Government Code Section 65583.2(c)(3), and is or will be served by adequate public facilities and infrastructure.
4.
No later than the date of approval of the final subdivision map, parcel map, or of the residential development application, the transferred land shall have all the permits and approvals, other than building permits, necessary for development of the very low income housing units on the transferred land, except that the city may subject the proposed development to subsequent design review to the extent authorized by Government Code Section 65583.2(i), as amended from time to time, if the design is not reviewed by the city prior to the time of transfer.
5.
The land shall be transferred to the city, or to a housing developer approved by the city. The city may require the applicant to identify and transfer the land to the housing developer approved by the city.
6.
The transferred land and the very low income units will be subject to a deed restriction ensuring continued affordability of the units constructed consistent with this chapter, which restriction will be recorded on the property at the time of transfer.
7.
The transferred land shall be within the boundary of the proposed development or, with the approval of the city, within one-quarter mile of the boundary of the proposed development.
8.
A bonus shall not be granted unless a source of funding for the very low income units has been identified not later than the date of approval of the final parcel or subdivision map, or residential development application.
Table 17.78.140 Density Bonus for Land Donation | |||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
Percentage Very Low Income Units (10-20) | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 |
Percentage Density Bonus | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 |
Percentage Very Low Income Units (21-30) | 21 | 22 | 23 | 24 | 25 | 26 | 27 | 28 | 29 | 30 | |
Percentage Density Bonus | 26 | 27 | 28 | 29 | 30 | 31 | 32 | 33 | 34 | 35 | |
(Ord. 009-2015 § 2; Ord. 001-2024, 2/20/2024)
§ 17.78.150 Conformance to State Density Bonus Law.
This chapter implements the State Density Bonus Law, as codified at Government Code Sections 65915 and 65915.5. This chapter shall be understood to be amended by operation of law in the event and to the extent the State Density Bonus Law is amended.
(Ord. 009-2015 § 2; Ord. 001-2024, 2/20/2024)