The purpose of this article is to implement the mandatory provisions of California Government Code sections 65915 through 65918, as it may be amended from time to time (the "state density bonus law"), and to provide increased residential densities to developers who guarantee that a portion of their residential development will be available to low income, very low-income, or senior (also known as "qualified") households. The state density bonus law requires cities to adopt code provisions to specify the method by which the city will consider requests from housing developers seeking a density bonus for affordable or senior housing. The regulations are intended to materially assist the housing industry in providing adequate and affordable shelter for all economic segments of the community and to provide a balance of housing opportunities for low income, very low-income, and senior households throughout the city. It is intended that the affordable housing density bonus and any additional development incentive be available for use in all residential developments. It is intended that this article be interpreted in a manner that accommodates the provisions of the state density bonus law, and that, unless otherwise indicated, definitions found in the state density bonus law shall apply to this article.

(Ord. No. NS-2485, § 3, 12-17-01)

(a)

This article applies to any residential development of five or more dwelling units where an applicant proposes density beyond that permitted by the applicable designation of the general plan land use element in exchange for a portion of the total dwelling units in the development being reserved for low or very low-income households or for senior citizens or qualified residents through a written agreement.

(b)

An applicant proposing development as provided in section 41-1601(a) shall be granted a density bonus as provided in sections 41-1602 and 41-1603 and may be granted an additional development incentive as provided in section 41-1604.

(Ord. No. NS-2485, § 3, 12-17-01)

(a)

An applicant shall be granted a density bonus for any residential development for which an agreement is entered into by the applicant and the city as provided in this section.

(b)

An applicant seeking the grant of a density bonus shall, prior to submitting to the city an application for the proposed development project, submit a detailed, written preliminary proposal to the city's housing manager. Pursuant to section 65915(e) of the state density bonus law, if the applicant proposes a waiver or modification of the city's development standards, the applicant shall include sufficient, detailed information in its proposal to meet its burden to show that the waiver or modification is necessary to make the housing units economically feasible.

(1)

The city's housing manager shall within ninety (90) days of receipt of a written proposal, notify the housing developer in writing of the procedures under which the city will comply with this article as provided for in section 65915(d) of the state density bonus law.

(2)

If the proposed density bonus agreement includes deviation from any applicable city development standard, then a noticed public hearing shall be held as provided in section 41-1607.

(c)

The density bonus agreement shall include the following provisions:

(1)

At least twenty (20) per cent of the pre-bonus units in the development will be affordable, including an allowance for utilities, to low-income households at a rent that does not exceed thirty (30) per cent of sixty (60) per cent of area median income, as adjusted for assumed household size; or

(2)

At least ten (10) per cent of the pre-bonus units in the development will be affordable, including an allowance for utilities, to very low-income households at a rent that does not exceed thirty (30) per cent of fifty (50) per cent of the area median income, as adjusted for assumed household size; or

(3)

At least fifty (50) per cent of the total units will be available to senior citizens or qualifying residents as defined under California Civil Code section 51.3.

(4)

The affordable units will remain available and affordable as provided in this section for a period of at least thirty (30) years if an additional development incentive is granted to the applicant as provided in section 41-1604 or ten (10) years if an additional development incentive is not granted. If an applicant does not request an additional development incentive, the applicant shall submit a pro forma analysis for the housing manager to document project feasibility.

(5)

The affordable units shall be designated units which are comparable in bedroom mix and amenities to the market-rate units in the development and are dispersed throughout the development.

(6)

Provisions shall be made in the density bonus agreement for certification of eligible tenants and purchasers, annual certification of property owner compliance, and payment of a monitoring fee, as set from time to time by resolution, for monitoring of affordable unit requirements.

(d)

The developer shall, after reaching agreement with the housing manager on a proposed density bonus agreement, submit the same to the city council for its approval or rejection pursuant to section 421 of the city's charter. If the proposed density bonus agreement includes a proposal for a deviation pursuant to section 41-1606 of the Code, then the city council shall consider the matter only if, after compliance with section 41-1607, the planning commission, or city council on appeal, approves the deviation.

(Ord. No. NS-2485, § 3, 12-17-01)

A residential development proposal requesting a density bonus for affordable housing is subject to the following:

(a)

The development shall be permitted a density bonus of the amount of units requested by the applicant, up to a total project dwelling unit count of one hundred twenty-five (125) per cent of the units permitted by the density regulations of the applicable designation of the general plan land use element.

(b)

If the development is located in two (2) or more land use designations, the number of dwelling units permitted in the development shall be the sum of the dwelling units permitted in each of the land use designation. Within the development, the permitted number of dwelling units may be distributed without regard to the zone or land use designation boundaries.

(Ord. No. NS-2485, § 3, 12-17-01)

In accordance with the provisions of section 65915 of the state density bonus law, the city may grant a development incentive in addition to the twenty-five (25) per cent density bonus. The additional development incentive may consist of any incentive recognized by the state density bonus law.

(Ord. No. NS-2485, § 3, 12-17-01)

Section 69515(e) of the state density bonus law provides that the city shall establish procedures for waiving or modifying development and zoning standards that would otherwise inhibit the utilization of the density bonus on specific sites. Pursuant to this provision, an applicant may request a deviation from the applicable development regulations on a site specific basis, as an additional development incentive for affordable housing, provided that an approval is obtained pursuant to section 41-1607.

(Ord. No. NS-2485, § 3, 12-17-01)

(a)

A deviation from the provisions of either section 41-1604 or section 41-1605, by waiver or modification of development or zoning standards as specified in section 65915(h) of the state density bonus law, may be requested at the time of application for development project plan approval pursuant to section 41-668et seq. and after agreement between the developer and the housing manager of the terms of a proposed density bonus agreement, and shall be granted only if, following a noticed public hearing, the planning commission approves or conditionally approves the application upon making the following findings:

(1)

The proposed development will materially assist in accomplishing the goal of providing affordable housing opportunities in economically balanced communities throughout the city.

(2)

The development will not be inconsistent with the purpose of the underlying zone or applicable designation in the general plan land use element.

(3)

The deviation is necessary to make it economically feasible for the applicant to utilize a density bonus authorized for the development pursuant to section 41-1603.

(b)

The decision of the planning commission on an application for deviation from may be appealed to or placed before the city council pursuant to section 41-645 of the Code.

(Ord. No. NS-2485, § 3, 12-17-01)