The purpose of this chapter is to specify how compliance with Government Code Sections 65915, 65915.5, 65915.7, and 65917 ("State Density Bonus Law") will be implemented. Further, this chapter provides incentives for the production of specific housing types for populations, including, but not limited to, very low income, lower income, moderate income, seniors (including residential care facilities for the elderly), transitional foster youth, and lower income students, in accordance with Government Code Section 65915. In enacting this chapter, it is the intent of the city to facilitate the development of the goals, objectives, and policies of the Housing Element of the city's General Plan.

Prior History: Ord. 1898 § 3, 2021; repealed by Ord. 1958, 1/28/2025.

A "housing development" as defined in State Density Bonus Law shall be eligible for a density bonus and other regulatory incentives that are provided by State Density Bonus Law when the applicant seeks and agrees to provide low, very-low, senior, or moderate-income housing units or units intended to serve transitional foster youth, disabled veterans, lower income students, or homeless persons in the threshold amounts specified in State Density Bonus Law. A "housing development" for purposes of a density bonus application for a mixed-use project includes only the residential component of a mixed-use project.

When an applicant for approval of a commercial development has entered into an agreement for partnered housing to contribute affordable housing through a joint project or two separate projects encompassing affordable housing, the city shall grant to the commercial developer a development bonus pursuant to Government Code Section 65915.7, if in effect at the time of project approval, and as amended from time to time.

A permit application for a density bonus, incentive, waiver, parking reduction, or combination thereof (collectively a "density bonus permit") shall be submitted with the first application for approval of a housing development and shall be processed concurrently with all other applications required for the housing development. The applicant shall be informed whether the application is complete consistent with provisions and timelines of Government Code Section 65943. At the time the application is determined to be complete under Government Code Section 65943, the city will provide the applicant with a determination regarding the amount of density bonus and the parking reduction for which the housing development is eligible and whether adequate information has been submitted for the city to make a determination on incentives and waivers. The application shall be on a form prescribed by the city. The density bonus permit application shall clearly indicate the number of base units allowed by the city general plan and zoning regulations, the number of density bonus units requested, and the number of affordable units that will be included in the proposed project. The applicant shall submit reasonable documentation to establish eligibility for a requested density bonus, incentives or concessions, waivers or reductions of development standards, and parking ratios, to the satisfaction of the director of community development.

All requests for density bonuses, incentives, parking reductions, waivers, or commercial development bonuses shall be considered and acted upon by the approval body with authority to approve the development within the timelines prescribed by Government Code Sections 65950 et seq., with right of appeal as set forth in Chapter 12.78.

The staff report presented to the decision-making body shall state whether the application conforms to the applicable requirements of state law.

If any density bonus, incentive, parking reduction, waiver, or commercial development bonus is approved pursuant to this chapter, the applicant shall enter into an affordable housing agreement or senior housing agreement with the city pursuant to Density Bonus Law, Chapter 12.230, and Section 12.250.080.

The applicant shall enter into an affordable housing agreement, restrictive covenant, or combination thereof (hereafter "affordable housing agreement"), or, if applicable, a senior housing agreement with the city, in a form approved by the city attorney, to be executed by the city manager, to ensure that the requirements of this chapter and Density Bonus Law are satisfied.

Prior to the construction of a housing development pursuant to a density bonus permit, the developer shall ensure continued affordability of units designated for lower and very low income households to the satisfaction of the city attorney and as required by California Government Code Section 65915 or its successor statute.

Also prior to the construction of a development project pursuant to a density bonus permit, with regard to dwelling units designated for qualifying senior residents, the developer shall ensure continued restriction of those units to qualifying senior residents and qualified permanent residents to the satisfaction of the city attorney and as provided in California Civil Code Section 51.3 or its successor statute.

Additionally, prior to the issuance of a density bonus permit for a development in which the units will be sold to moderate income households, the developer shall ensure that the initial occupants of such units meet the applicable income limits to the satisfaction of the city attorney and as required by California Government Code Section 65915 or its successor statute. In addition, the developer shall ensure that, upon resale, the city recaptures its proportionate share of the appreciation of such units to the satisfaction of the city attorney and as required by California Government Code Section 65915 or its successor statute.

The executed affordable housing agreement or senior housing agreement shall be recorded against the housing development prior to final or parcel map approval, or, where a map is not being processed, prior to issuance of building permits for the housing development. The affordable housing agreement or senior housing agreement shall be binding on all future owners and successors in interest.

Affordable units qualifying a housing development for a density bonus, incentive(s), waiver(s), or parking reductions shall meet the affordable housing unit standards contained in Section 12.230.080.

Any commercial development bonus shall be consistent with the provisions of Government Code Section 65915.7.

If any portion of this chapter conflicts with State Density Bonus Law or other applicable state law, state law shall supersede this chapter. Any ambiguities in this chapter shall be interpreted to be consistent with State Density Bonus Law. All code references in this chapter include all successor provisions.