This chapter is adopted in accordance with, and to implement the requirements of, Section 65915, et seq., of the California Government Code. The purpose of this chapter is to establish a density bonus program to provide density increases for owner-occupied and rental housing developments to encourage the creation of housing affordable to moderate, low, and very low-income households, and to encourage the creation of housing for senior citizens. As used in this chapter, density bonus units are those units designated for senior citizens, or very low-, low-, or moderate-income households as defined in the Health and Safety Code that qualify the housing project for award of a density bonus or other incentives.

This chapter shall be applicable to all zoning districts that allow residential uses.

All proposed housing developments that qualify under California Government Code Section 65915 for a density increase and other incentives, and any qualified land transfer under California Government Code Section 65915, shall be eligible to apply for a density bonus (including incentives and/or concessions) consistent with the requirements, provisions and obligations set forth in California Government Code Section 65915, et seq. as those requirements may be amended.

The City of Wheatland shall grant qualifying housing developments and qualifying land transfers a density bonus, the amount of which shall be as specified in California Government Code Section 65915, et seq., and incentives or concessions also as described in California Government Code Section 65915, et seq., subject to the application requirements as provided for in Section 18.77.050 of the Wheatland Municipal Code.

Consistent with the provisions of California Government Code Section 65915 et seq., prior to a density increase or other incentives being approved for a project, the applicant shall be required to provide appropriate assurances to the City of Wheatland regarding the applicant's continued compliance with, and the continued availability of the density bonus units for the statutorily-prescribed periods in, Government Code Section 65915, et seq.

Prior to the issuance of construction permits for any project incorporating a density bonus or other concession or incentive as provided in this chapter, the city and the project owner(s) shall enter into an agreement in a form acceptable to the city attorney, to be recorded in the office of the county recorder. The agreement shall be considered by the Wheatland planning commission and the city council. The agreement shall specify mechanisms or procedures to assure the continued affordability and availability of the specified number of dwelling units to very low-, lower-, and moderate-income households, and/or qualifying seniors, and/or qualifying transitional foster youth, disabled veterans, or homeless persons. The agreement shall also set forth those items required by this chapter. The agreement shall run with the land and shall be binding upon all heirs, successors or assigns of the project or property owner, and shall ensure affordability for the maximum period established by state law.

The city shall charge an administrative fee to applicants to cover the city's cost to review all materials submitted in accordance with this chapter and for on-going enforcement of this chapter. The amount of the administrative fee shall be established from time to time by city council resolution. Fees will be charged for staff time, consultant costs, legal fees, and materials associated with: review and approval of applications for the development; project marketing and lease-up; long-term compliance of the applicant, and successors-in-interest to the applicant, with respect to the maintenance of the affordable housing units as such.