A.

The purpose of this Chapter is to provide incentives for the production of specific housing types for populations, including, without limitation, very low income, lower income, moderate income, and senior households, in accordance with Government Code Section 65915, commonly referred to as the State Density Bonus Law. The intent of this Chapter is to facilitate the development of the goals, objectives, and policies of the housing element of the City's General Plan.

B.

The provisions of this Chapter shall be interpreted to fulfill the requirements of Government Code Section 65915. Any amendments to the provisions of Government Code Section 65915 shall be deemed to supersede and govern any conflicting provisions contained herein.

(Ord. No. 229-13, § 8, 12-11-2013; Ord. No. 288-21, § 18, 9-28-2021)

Terms defined in Government Code Section 65915 shall have the same meaning in this Article.

(Ord. No. 229-13, § 8, 12-11-2013)

A.

The City shall grant a density bonus, the amount of which shall be as specified in Government Code Section 65915(f), and incentives or concessions, the amount of which shall be as specified in Government Code Section 65915(d)(2).

B.

The density bonus units shall not be included when calculating the total number of housing units that qualify the housing development for a density bonus, except as otherwise required by Government Code Section 65915.

C.

The amount of the density bonus shall not exceed the percentages established in Government Code Section 65915.

D.

An applicant shall not receive a density bonus or any other incentive or concession if the housing development would be excluded under Government Code Section 65915, which includes projects that fail to "replace" existing housing units, as required by state law.

(Ord. No. 229-13, § 8, 12-11-2013; Ord. No. 288-21, § 19, 9-28-2021)

A.

Applications for a density bonus shall be filed with the Planning Director on a form approved by the Director.

B.

The density bonus application shall be filed concurrently with an application for a zoning clearance, planned development permit, or conditional use permit, and the applicant shall pay the density bonus application fee, established by resolution of the City Council.

C.

The application shall clearly indicate the number of base units allowed by the 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.

D.

The application shall contain 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 Planning Director.

(Ord. No. 288-21, § 20, 9-28-2021)

Editor's note— Ord. No. 288-21, § 20, adopted September 28, 2021, repealed § 9.42.040 and enacted a new § 9.42.040, as set out herein. The former section pertained to continued affordability and derived from Ord. No. 229-13, § 8, adopted Dec. 11, 2013.

A.

The applicant for a density bonus may submit a proposal for the waiver or reduction of development standards that have the effect of physically precluding the construction of a housing development incorporating the density bonus and any incentives or concessions granted to the applicant, except as restricted by Government Code Section 65915.

B.

A request for a waiver or reduction of development standards shall be accompanied by documentation demonstrating that the waiver or reduction is physically necessary to construct the housing development with the additional density allowed pursuant to the density bonus and incorporating any incentives or concessions required to be granted.

C.

The applicant may request a reduction in parking requirements in accordance with Government Code Section 65915(p).

D.

The City shall approve a waiver or reduction of a development standard, unless it makes one or more of the following findings:

1.

The application of the development standard does not have the effect of physically precluding the construction of a housing development at the density allowed by the density bonus and with the incentives or concessions granted to the applicant;

2.

The waiver or reduction of the development standard would have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2) upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact;

3.

The waiver or reduction of the development standard would have an adverse impact on any real property that is listed in the California Register of Historical Resources; or

4.

The waiver or reduction of the development standard would be contrary to state or federal law.

(Ord. No. 288-21, § 21, 9-28-2021)

Editor's note— Ord. No. 288-21, § 21, adopted September 28, 2021, repealed § 9.42.050 and enacted a new § 9.42.050, as set out herein. The former section pertained to projects with a child care facility and derived from Ord. No. 229-13, § 8, adopted Dec. 11, 2013.

A.

The applicant for a density bonus shall enter into an agreement with the City to ensure continued affordability of all low- and very low- income units that qualified the applicant for the award of the density bonus for fifty-five (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, prior to the issuance of a building permit.

B.

Rents for the lower income density bonus units shall be set at an affordable rent as defined in Health and Safety Code Section 50053. Owner-occupied units shall be available at an affordable cost as defined in Health and Safety Code Section 50052.5.

C.

The applicant for a density bonus shall agree 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, as that cost is defined in Health and Safety Code Section 50052.5. All for-sale units must initially be sold at an affordable housing cost and will remain subject to a resale affordable housing cost restriction for a period of fifty-five (55) years or a longer period of time if required by any applicable construction or mortgage financing assistance program, mortgage insurance program, or other subsidy program. The applicable resale affordable housing cost restriction period will reset upon each sale of an affordable unit.

(Ord. No. 288-21, § 22, 9-28-2021)

A.

For any development project that is granted a density bonus or other benefit pursuant to this Chapter, the affordable units shall be integrated with the market rate units so that there is a mix of affordable and market rate units, if any, in each building of the development project.

B.

All affordable units shall be comparable to market rate units with regard to total square footage, bedroom size, amenities, design, use of materials, finish quality, and exterior appearance.

(Ord. No. 288-21, § 22, 9-28-2021)

The affordable units that qualify the project as eligible for a density bonus shall be constructed concurrently with or prior to the construction of any market rate units.

(Ord. No. 288-21, § 22, 9-28-2021)

A.

When an applicant proposes to construct a housing development that conforms to the requirements of Section 9.42.030(A) and includes a childcare facility that will be located on the premises of, as part of, or adjacent to, the project, the City and the applicant shall adhere to the requirements of Government Code Section 65915(h).

B.

The City shall not be required to provide a density bonus or concession or incentive for a childcare facility if it finds, based upon substantial evidence, that the community has adequate childcare facilities.

(Ord. No. 288-21, § 22, 9-28-2021)

Appeals of any decision of the Planning Director pursuant to this Chapter shall be heard in compliance with the procedures of Chapter 9.32 of this Article.

(Ord. No. 288-21, § 22, 9-28-2021)