The purpose of this section is to implement state law regarding the granting of density bonuses and other incentives for certain residential projects and to promote the construction of affordable housing within the city to meet the targets for moderate, low and very low income households in the city of Willits housing element.

(Ord. No. 18-03, 9-26-18)

Pursuant to Government Code Section 65915, when a developer proposes to construct a housing development of at least five dwelling units, of which a certain percentage (excluding any bonus units) will be limited to occupants meeting specified criteria set forth in Government Code subsection 65915(b); and/or when the proposed project meets other specified criteria in Government Code subsections 65915(h) or (i), the project shall be eligible for a density bonus (see Table 17.67-A) and at least one concession or incentive.

(Ord. No. 18-03, 9-26-18)

A.

Density Bonus Allowance for Housing Development Projects with Affordable Housing Component. As demonstrated in Table 17.67-A the amount of density bonus to which the applicant is entitled shall vary according to the amount by which the percentage of affordable units offered by the applicant exceeds the percentage of the minimum affordable housing component; the applicant may also elect to accept a lesser percentage of density bonus. (Gov. Code § 65915(f).)

All density calculations resulting in fractional units shall be rounded up to the next whole number. (Gov. Code § 65915(f)(5).)

Table 17.67-A:

B.

Regulatory Concessions and Incentives.

1.

When a project meets any of the criteria described in Table 17.67-A, the city shall grant a density bonus and one or more concessions or incentives, as defined in Government Code Section 65915 and subject to the requirements of Government Code Section 65915, provided that such concessions or incentives are required to make the proposed housing units economically feasible.

2.

Neither this subsection nor state law limits or requires the provision of direct financial incentives from the city for a qualifying project, including the provision of publicly-owned land by the city or the waiver of city fees or dedication requirements.

(Ord. No. 18-03, 9-26-18)

The developer of a housing development for which a density bonus is granted under section (a) shall enter into either a development agreement pursuant to California Government Code Section 65865 et seq. or other recorded density bonus agreement satisfactory to the city which guarantees that the targeted units will be provided by the developer and will remain available to the targeted persons or households for the applicable period deemed appropriate by the city council in conformance with state law. The agreement shall identify the means by which such continued availability will be secured and the procedures under which the targeted units will be rented and/or sold during such period, and may contain other terms and provisions, not inconsistent with Government Code Section 65915, that the city may require.

(Ord. No. 18-03, 9-26-18)

A.

Application.

1.

The developer of a proposed residential development seeking a density bonus shall file an application with the community development department for approval of such on a form specified by the community development director, and shall be accompanied by all maps, plans and other information deemed necessary by the community development director.

2.

An application shall be accompanied by a fee established by the city council.

3.

An application for a density bonus and any additional concession or incentive shall include the following information:

a.

The provisions of Government Code Section 65915 under which the density bonus is sought and the size of the density bonus requested, expressed as a percentage of the maximum number of units allowed by the zoning district and general plan designation within which the project is located.

b.

Identification of the requested regulatory concession or incentive.

c.

Specific information and data concerning the proposed development which establishes that the regulatory concession or incentive sought by the applicant is necessary to make the housing units economically feasible.

d.

Evidence of consultation with the appropriate decision-making body regarding any proposed concession or incentive or provision of publicly-owned land.

e.

Such other pertinent information as the community development director may require to enable the city to adequately analyze the economic feasibility of the project with respect to the requested concession or incentives.

f.

An offer to enter into the density bonus agreement required by subsection 17.67.030(C) to guarantee the reservation of the targeted units.

(Ord. No. 18-03, 9-26-18)

A.

Process for Approval. The density bonus and incentives and concessions request shall be considered in conjunction with any necessary development entitlements for the project. The designated approving authority for the project shall be the city council. In approving the density bonus and any related incentives or concessions, the city and applicant shall enter into a density bonus agreement. The form and content of the density bonus agreement shall be determined by the city.

B.

Approval Required Unless Denial Findings Made. The city shall grant the incentives and concessions associated with the density bonus and requested by the applicant, unless the city makes a written finding, based upon substantial evidence, of either of the following:

1.

The incentive or concession is not required in order to provide for affordable housing costs or affordable rents;

2.

The incentive or concession would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the California Government Code, upon public health and safety or physical environment or any real property that is listed in the California Register of Historical Resources and for which the city determines 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. No. 18-03, 9-26-18)