The purpose of this subchapter is to provide incentives for the production of housing for very low income, low income, moderate income, and senior households in accordance with Cal. Gov’t Code §§ 65915 - 65918 (i.e., state density bonus law). In enacting this subchapter, it is the intent of the city to facilitate the development of affordable housing and to implement the goals, objectives, and policies of the Housing Element of the city's General Plan.

(Ord. 548-C.S., passed 8-15-06; Am. Ord. 690, passed 7-18-23)

   All terms used in this subchapter shall have the meanings established by state density bonus law. Where terms are not defined by state density bonus law, definitions in this Zoning Code shall apply.

      (1)   A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in the Cal. Health and Safety Code, Part 2.5 (commencing with § 18901) of Division 13 including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable and actual cost reductions to provide for affordable housing costs, as defined in § 50052.5 of the Cal. Health and Safety Code, or for rents for the units that qualified the applicant for the density bonus award;

      (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; or

      (3)   Other regulatory incentives or concessions proposed by the developer or the city that result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in § 50052.5 of the Cal. Health and Safety Code, or for rents for the units that qualified the applicant for the density bonus award.

(Ord. 548-C.S., passed 8-15-06; Am. Ord. 690, passed 7-18-23)

   (A)   The granting of a density bonus, incentive(s) or concession(s), as provided for in this subchapter, shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval.

   (B)   The request for a density bonus and proposals for incentives/concessions or waivers/ modifications of development standards shall be made in writing at the time of filing the housing development application and shall be processed in conjunction with the underlying application, and shall be accompanied by a fee in an amount established by resolution of the City Council. The information required to be submitted in the application shall be set forth on a checklist provided by the Community Development Department.

   (C)   When multiple projects are being considered together for a density bonus, the projects shall be submitted as one application.

   (D)   If the applicant requests a meeting with the city to discuss the proposal, the Community Development Director or his or her designee shall meet with the applicant within 21 working days of receipt of such request. The meeting shall be for information purposes only and the proposal shall still be acted upon in conjunction with the underlying housing development application.

(Ord. 548-C.S., passed 8-15-06; Am. Ord. 690, passed 7-18-23)

   The city shall grant a density bonus and/or incentives or concessions, waivers or reductions of development standards, and/or parking ratios as described in state density bonus law to a qualifying project pursuant to state density bonus law.

(Ord. 548-C.S., passed 8-15-06; Am. Ord. 690, passed 7-18-23)

   (A)   An applicant for a density bonus shall be granted the incentive(s) or concession(s) requested by the applicant unless the approving body makes a written finding required by Cal. Gov’t Code § 65915(d)(1).

   (B)   The applicant shall be entitled to receive the number of incentives or concessions as provided by Cal. Gov’t Code § 65915(d)(2).

   (C)   This section does not 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. However, if the city does provide a direct financial contribution through participation in cost of infrastructure, write-down of land costs, or subsidizing the cost of construction, the applicant shall be required to enter into an affordable housing agreement for 30 years.

(Ord. 548-C.S., passed 8-15-06; Am. Ord. 636-C.S., passed 8-15-17; Am. Ord. 690, passed 7-18-23)

   The city shall not apply any development standard that will have the effect of precluding the construction of a development meeting the criteria described in state density bonus law at the densities or with the concessions or incentives permitted by this subchapter unless it makes one or more of the findings required by Cal. Gov’t Code § 65915(e)(1).

(Ord. 548-C.S., passed 8-15-06; Am. Ord. 690, passed 7-18-23)

   (A)   An applicant shall agree to, and the city shall ensure, continued affordability of all below market rate units that qualified the applicant for the density bonus award for the amount of time required by state density bonus law.

   (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, low, or moderate income, as required, and that the units are offered at an affordable housing cost. The city shall enforce an equity sharing agreement required pursuant to Cal. Gov’t Code § 65915(c)(2) unless it conflicts with the requirements of another public funding source or law.

   (C)   Affordability shall be ensured by requiring that the applicant enter into an affordable housing agreement which shall be approved by the City Attorney's office, shall be recorded and shall run with the land.

   (D)   When land is donated pursuant to Cal. Gov’t Code § 65915(9) an affordable housing agreement shall be required for the transferred land and for any very low-income rate units built on such land; the period of time during which the below market rate units are required to remain affordable shall be in accordance with Cal. Gov’t Code § 65915(g)(2)(E).

   (E)   If the applicant has received a density bonus or incentive for providing a childcare facility pursuant to Cal. Gov’t Code § 65915(h), the childcare facility shall comply with the requirements of Cal. Gov’t Code § 65915(h)(2) as conditions of approval, which shall also be included in the affordable housing agreement.

   (F)   The owner of the property shall be required to pay the city an annual fee based on the actual hours incurred by staff in monitoring the compliance with the terms of the affordable housing agreement. The fee shall be in an amount established by resolution of the City Council.

(Ord. 548-C.S., passed 8-15-06; Am. Ord. 690, passed 7-18-23)

   (A)   The density bonus units shall be permitted in geographic areas of the housing development as described by state density bonus law.

   (B)   Unit types shall be located so as not to create a geographic concentration of below market rate units within the residential development.

   (C)   Below market rate units shall be consistent with the standards for inclusionary units provided for in § 153.453.

(Ord. 548-C.S., passed 8-15-06; Am. Ord. 690, passed 7-18-23)

   (A)   Upon request of the developer of a housing development qualifying for a density bonus pursuant to this subchapter, the city shall permit vehicular parking ratios, inclusive of handicapped and guest parking, consistent with state density bonus law.

   (B)   An applicant may request additional parking incentives or concessions beyond those provided in this section.

(Ord. 548-C.S., passed 8-15-06; Am. Ord. 690, passed 7-18-23)

   (A)   Applicants applying for a conversion of apartments to a condominium project shall be eligible for a density bonus or any incentives or concessions pursuant to this subchapter only if the requirements related to replacement of existing very low- or low-income units in Cal. Gov’t Code § 65915(c)(3) are complied with.

   (B)   An applicant for approval to convert apartments to a condominium project may submit a preliminary proposal to the Community Development Department 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 this section shall be applied to the project.

   (C)   Nothing in this section shall be construed to require the city to approve a proposal to convert apartments to condominiums.

(Ord. 548-C.S., passed 8-15-06; Am. Ord. 690, passed 7-18-23)

   Any appeal relating to any issue regarding density bonuses, including but not limited to incentives, concessions, or waivers/modifications of development standards, shall be handled in the same manner as an appeal for the underlying housing development.

(Ord. 548-C.S., passed 8-15-06; Am. Ord. 690, passed 7-18-23)

   Any housing development application requesting a density bonus, incentive/concession or waiver/ modification shall be subject to CEQA.

(Ord. 548-C.S., passed 8-15-06; Am. Ord. 690, passed 7-18-23)

   Any housing development application requesting a density bonus, incentive/concession or waiver/ modification shall be subject to CEQA.

(Ord. 548-C.S., passed 8-15-06)