Santa Maria City Zoning Code
CHAPTER 12
48 DENSITY BONUS
Section 12-48.01 Purpose and Intent.
The Housing Element of the General Plan sets forth various goals and policies to encourage a variety of housing types and costs to serve the various economic needs within the community. It is the intent of the City to further encourage the provision of lower cost, very low cost and senior housing by providing a density bonus program.
(Ord. 95-9, eff. 08/31/95)
Section 12-48.02 Compliance with Government Code Section 65915.
In accordance with Government Code Section 65915 et seq., or successor sections, the Planning Commission and/or City Council shall provide the developer incentives for the production of moderate income, lower income, very low income or senior housing units when the developer meets the requirements set forth in this chapter. In the event the Legislature amends specific requirements of Section 65915 et seq. or successor sections, those amendments shall control and apply in Santa Maria pending further amendment of this chapter.
(Ord. 95-9, eff. 08/31/95; Ord. 2006-17, eff. 1/18/07)
Section 12-48.03 Density Bonuses.
Any housing development of five or more units as defined by 50073.5 the Health and Safety Code, any senior citizen housing development as defined in Section 51.3 of the Civil Code, any mobilehome park that limits residency to older persons pursuant to Civil Code § 798.76 or 799.5, and any common interest development project as defined below, shall be entitled to a density bonus above the maximum number of dwelling units otherwise allowed by this title, in the amount calculated as specified by Government Code Section 65915(g), if the proposed development project meets the following minimum criteria:
(a)
Ten percent of the total units in the project, before the density bonus is applied, is reserved for lower income households as defined in Section 50079.5 of the Health and Safety Code; or
(b)
Five percent of the total units in the project, before the density bonus is applied, is reserved for very low income households, as defined in Section 50105 of the Health and Safety Code; or
(Ord. 95-9, eff. 08/31/95; Ord. 2006-17, eff. 1/18/07; Ord. 2022-04, eff. 7/7/22)
Section 12-48.04 Additional Incentives for Affordable Units.
(a)
In addition to the density bonus provided by Section 12-48-03, the City shall, through a planned development permit, agreement, or subdivision, grant additional incentives or concessions in the number specified by subsection (d)(1) of Government Code Section 65915. Examples include:
(1)
Reducing or waiving development standards, modifying or waiving zoning requirements (including minimum lot size or setbacks), and modifying architectural design requirements or Public Works requirements which result in identifiable cost reductions; or
(2)
Providing other regulatory incentives or concessions proposed by the developer or the City, so as to result in identifiable cost reductions; or
(3)
Allowing the developer to pay development impact fees over a period of time not to exceed three years in equal installments. The terms of an approval under this section shall be reflected in a written agreement containing provisions for interest and security approved by the Finance Director and City Attorney; or
(4)
Approving mixed-use zoning in conjunction with the project.
(b)
The applicant for a density bonus may submit a proposal requesting specific concessions or incentives to staff for Commission or Council consideration. In the case of a proposal that would not qualify for additional concessions or incentives due to the small number of units proposed, the applicant may request to substitute a specific concession or incentive in place of a density bonus.
(c)
The Commission or Council shall grant a requested concession or incentive for a project described in Section 12-48.03, subsections (a) through (d), unless it makes a written finding based on substantial evidence either:
(2)
The concession or incentive would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon the public health and safety or upon 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.
(Ord. 95-9, eff. 08/31/95; Ord. 2006-17, eff. 1/18/07)
Section 12-48.05 Additional Density Bonus For Donation of Land To City; Additional Density Bonus Or Incentive/Concession for Child Care.
(a)
When an applicant for approval of a residential development donates land to the City according to the requirements of Government Code Section 65915(h), or successor section, the applicant shall receive an additional density bonus.
(b)
When an applicant proposes to construct a housing development as described by Section 12-48.03 and includes a child care facility as defined by Government Code §65915(i), the applicant shall receive either an additional density bonus or an additional incentive or concession according to the terms of Government Code Section 65915(i), or successor section.
(Ord. 95-9, eff. 08/31/95; Ord. 2006-17, eff. 1/18/07)
Section 12-48.06 Repealed.
Section 12-48.06 was repealed in its entirety and deleted per Ordinance 2006-17.
Section 12-48.07 Procedure for Density Bonus.
Applications for residential projects that request a density bonus which will increase the density beyond that otherwise allowed in a specified zoning district, shall be processed in a manner consistent with procedures for a standard residential project in its designated zoning district. Developers requesting incentives described in 12-48-04(a)(1), however, shall apply for a planned development (PD) permit per Section 12-35 whether or not the project site is located in a planned development overlay zone. The PD process allows discretionary review of the project to implement the incentives and appropriate enforcement measures.
The developer may submit to the Community Development Department a written proposal for a project pursuant to this chapter prior to the submittal of any formal development applications. Within 90 days of receipt of a proposal, the City shall notify the developer, in writing, of the procedures to be followed to comply with the requirements of this chapter. The materials submitted by the developer must clearly indicate how the requested waiver(s) or modification(s) are necessary to make the proposed housing units economically feasible. Additional information for density bonus projects required when the proposal is submitted include:
(a)
A written description that specifies the number, type, location, size and construction scheduling of units in the project which will be designated as the affordable or senior units.
(b)
Indication of the percentage of units that will be reserved for moderate, low or very low income or senior households.
(Ord. 95-9, eff. 08/31/95; Ord. 2006-17, eff. 1/18/07)
Section 12-48.08 Affordable Housing Density Bonus Agreement.
(a)
To be eligible for a density bonus, the developer must sign a binding agreement with the City, approved by the City Attorney's office, which sets forth the conditions and requirements to be met in the implementation of the density bonus program. The Agreement will also establish specified compliance standards and remedies available to the City upon failure by the developer to make units accessible to intended households. The relevant terms and conditions of the density bonus agreement shall be filed and recorded on those individual lots or units of a project development which are designated for the location of target dwelling units.
(b)
The term of the agreement shall be at least 30 years, or such other period as may be required by a financing program for the project.
(Ord. 95-9, eff. 08/31/95; Ord. 2006-17, eff. 1/18/07)
Section 12-48.09 Requirements for Participation.
In order for a developer to participate in the density bonus program and be eligible for incentives, the following requirements must be met:
(a)
The developer shall set aside, per the approved agreement, the number of units which are designated for moderate, low, very low or senior households. A unit will be counted toward meeting the set-aside requirement if it is either vacant or occupied by a qualified resident.
(b)
The target units must be compatible in floor plan, furnishings, and exterior design to the nondesignated units. Further, the target units must be equally dispersed in each phase throughout the development.
(c)
The maximum allowable rents to comply with the density bonus law are determined by a formula designated by the State Department of Housing and Community Development based on area median income.
(d)
Dwellings sold per the agreement shall be affordable to the designated income households as defined by income limits established by the State Department of Housing and Community Development.
(e)
The developer shall provide to the Community Development Department a yearly accounting of the total units occupied, the total units vacant, the total units occupied by lower or very low income households, and the total by which the units set aside fell short of the required number of units. The distribution (location) of the affordable units must also be shown.
(Ord. 95-9, eff. 08/31/95; Ord. 2006-17, eff. 1/18/07)