Menifee Zoning Code Ch. 9.180 Density Bonuses, Incentives, and Concessions

Contents:

9.180.010 Purpose

9.180.020 Applicability

9.180.030 Eligibility for Density Bonus and Incentives

9.180.040 Application and Required Fees

9.180.050 Effect of Proposal for Waiver or Reduction of Development Standards

9.180.060 Density Bonus Allowance for Housing Development with Affordable Housing Component

9.180.070 Density Bonus for Housing Development with Affordable Housing Component and Childcare Facility

9.180.080 Density Bonus for Senior Citizen Housing Development

9.180.090 Density Bonus for Housing Development with Affordable Housing Component for Transitional Foster Youth, Disabled Veterans, or Homeless Persons

9.180.100 Density Bonus for Student Housing Development with Affordable Housing Component

9.180.110 Density Bonus for Land Donations

9.180.115 Density Bonus for Shared Housing Building

9.180.117 Density Bonus for Commercial Development Partnering with an Affordable Housing Developer

9.180.120 Affordable Housing Incentives

9.180.130 Number of Incentives Granted

9.180.140 Criteria for Denial of Application for Incentives

9.180.150 Waiver or Modification of Development Standards

9.180.160 Parking Standard Modifications for Qualified Housing Developments

9.180.170 Density Bonus and Affordable Housing Incentive Program

9.180.180 Determination on Density Bonus and Affordable Housing Incentive Program Requirements

9.180.190 Affordable Housing Agreement and Equity Sharing Agreement

9.180.200 Density Bonus or Incentives for Condominium Conversion Projects

9.180.210 Enforcement Provisions

This chapter implements the statutory requirements set forth in Government Code Sections 65915–65918 (known as state density bonus law). To the extent practicable, the citation to the governing statutory provision is included next to the implementing ordinance section. If any provision of this chapter conflicts with state law, the latter shall control. Applicable statutes should be consulted for amendments prior to applying the ordinance provision.

The density bonuses, incentives and concessions contained in this chapter shall apply to housing developments eligible for a density bonus under state density bonus law. When an applicant seeks a density bonus for a housing development within, or for the donation of land for housing within, the City’s jurisdiction that meets the requirements set out in California Government Code Section 65915, the actions and procedures set out in this chapter shall apply. The burden is on the applicant to show that the housing development meets such requirements. The density bonus provisions of California Government Code Section 65915 et seq., as may be amended from time to time, are incorporated by reference into this chapter. The City reserves the right to review applications for a density bonus in accordance with state density bonus law. Please refer to the Chapter 9.305 (Special Standard and Use Definitions) of this Development Code for definitions applicable to the density bonus provisions of this Chapter.

(2024-384, 02/07/2024)

Effective on: 3/8/2024

1. Density bonuses are available to affordable housing developers in accordance with this chapter for the following:

2. Housing developments, including a shared housing building development, for rental or sale to lower income households, which include a minimum affordable housing component (Section 9.180.060 and Section 9.180.115).

3. Housing developments which include a minimum affordable housing component and a childcare facility (Section 9.180.070).

4. Senior citizen housing developments, as defined in Sections 51.3 and 51.12 of the Civil Code, or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code. A senior housing development may also include a shared housing building development. (Section 9.180.080).

5. Housing development which includes a minimum affordable housing component for transitional foster youth, disabled veterans, or homeless persons (Section 9.180.090).

6. Student housing developments which include a minimum affordable housing component (Section 9.180.100).

7. Land donations for very low-income housing (Section 9.180.110).

8. Commercial development partnering with an affordable housing developer which includes a minimum affordable housing component (Section 9.180.117).

9. For the purpose of calculating a density bonus, the residential units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels (Government Code Section 65915(i)).

(2024-384, 02/07/2024)

Effective on: 3/8/2024

1. Application Filing and Processing. When an applicant seeks a density bonus for a housing development that meets the criteria in Section 9.180.060, the affordable housing developer shall comply with all the following requirements:

2. File an application for a density bonus in accordance with this section that includes a minimum affordable housing component, whether or not the project also requires or has been granted a conditional use permit or other permits or approvals (Government Code Section 65915(d)(1)).

3. State in the application the specific minimum affordable housing component proposed for the housing development (Government Code Section 65915(b)(2)).

4. Enter into an agreement with the City or its designee pursuant to Section 9.180.190 (Affordable Housing Agreement and Equity Sharing Agreement) to maintain and enforce the affordable housing component of the housing development (Government Code Section 65915(c)).

5. Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees).

6. If an application for a density bonus requires an unusual amount or specialized type of study or evaluation by City staff, consultant or legal counsel, City staff shall estimate the cost thereof and require the applicant to pay an additional fee or make one or more deposits to pay such cost before the study or evaluation is begun. On completion of the study or evaluation, and before the City Council decides the application, City staff shall determine the actual cost of the work and the difference between the actual cost and the amount paid by the applicant, and shall require the applicant to pay any deficiency or shall refund to the applicant any excess.

A proposal for the waiver or reduction of development standards shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to Government Code Section 65915(d).

1. If the requirements of Section 9.280.030 (Eligibility for Density Bonus and Incentives) are met, the affordable housing developer is entitled to a density bonus pursuant to Government Code Section 65915(f) as shown in Table 9.180.060-1, Density Bonus Allowance for Housing Development Projects with Affordable Housing Component.

Table 9.180.060-1 Density Bonus Allowance for Housing Development Projects with Affordable Housing Component*

2. As demonstrated in Table 9.180.060-1, 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 (Government Code Section 65915(f)).
3. Bonus units are not subject to affordability restrictions in addition to the number of affordable units required to qualify for the density bonus.

(2024-384, 02/07/2024)

Effective on: 3/8/2024

1. Criteria. For a density bonus to be granted pursuant to Subsection 9.180.070.B relative to a minimum affordable housing component with a childcare facility in a housing development, all of the following shall be satisfied:

2. The development complies with Section 9.180.030 (Government Code Section 65915(h)(1)).

3. The housing development includes a childcare facility that will be located on the premises of, as part of, or adjacent to the housing development (Government Code Section 65915(h)(1)).

4. Approval of the housing development is conditioned to ensure that both of the following occur:

5. The childcare facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the affordable units are required to remain affordable pursuant to Section 9.180.190 (Government Code Section 65915(h)(2)(A)).

6. Of the children who attend the childcare facility, the children of very low-income households, low-income households, or moderate-income households shall constitute a percentage that is equal to or greater than the percentage of dwelling units that are required under the respective minimum affordable housing component income category for which the density bonus is sought (Government Code Section 65915(h)(2)(B)).

7. The City is authorized to not provide a density bonus as provided in this section upon substantial evidence that the community has adequate childcare facilities (Government Code Section 65915(h)(3)).

8. Density Bonus Allowance. If the requirements of Subsection 9.180.070. A are met, an applicant for a housing development with an affordable housing component and childcare facility is entitled to:

9. A density bonus pursuant to Section 9.180.060 (Density Bonus Allowance for Housing Development with Affordable Housing Component); and

10. An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the childcare facility (Government Code Section 65915(h)(1)(A)).

(2024-384, 02/07/2024)

Effective on: 3/8/2024

An applicant for a senior citizen housing development or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Civil Code Section 798.76 or 799.5 is entitled to a density bonus of 20% of the number of senior citizen housing development units (Government Code Section 65915(b)(1)(C)&(f)(3)(A)). No affordable units are required for senior units.

(2024-384, 02/07/2024)

Effective on: 3/8/2024

An applicant for a housing development which includes a minimum of ten percent of the total units of a housing development for transitional foster youth, as defined in Section 66025.9 of the Education Code, disabled veterans, as defined in Section 18541 of the Government Code, or homeless persons, as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.) and having the same affordability level as very-low income units, is entitled to a density bonus of 20% of the number of units set aside for transitional foster youth, disabled veterans, and homeless persons (Government Code Section 65915(b)(1)(E)&(f)(3)(B)). The units shall be subject to a recorded affordability restriction of 55 years.

(2024-384, 02/07/2024)

Effective on: 3/8/2024

1. Criteria. For a density bonus to be granted pursuant to Subsection 9.180.100.C relative to a student housing development with minimum affordable housing component, all of the following shall be satisfied.

2. All units in the student housing development will be used exclusively for undergraduate, graduate, or professional students enrolled full time at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Com-mission for Community and Junior Colleges. In order to be eligible under this subclause, the developer shall, as a condition of approval, provide evidence to the City prior to building permit issuance, that the developer has entered into an operating agreement or master lease with one or more institutions of higher education for the institution or institutions to occupy all units of the student housing development with students from that institution or institutions. An operating agreement or master lease entered into pur-suant to this subclause is not violated or breached if, in any subsequent year, there are not sufficient students enrolled in an institution of higher education to fill all units in the student housing development (Government Code section 65915(b)(1)(F)(I).

3. The applicable 20-percent units will be used for lower income students (Government Code section 65915(b)(1)(F)(i)(II)).

4. The rent provided in the applicable units of the development for lower income students is calculated at 30 percent of 65 percent of the area median income for a single-room occupancy unit type (Government Code section 65915(b)(1)(F)(III).

5. The housing development gives priority to lower income students experiencing homelessness (Government Code section 65915(b)(1)(F)(IV).

6. Unit. For purposes of calculating a density bonus pursuant to this section, the term “unit” as used in this section means one rental bed and its pro rata share of associated common area facilities.

7. Density Bonus Allowance. If the requirements of Subsection 9.180.100.A are met, an applicant for a student housing development with an affordable housing component is entitled to a density bonus of 35% of the number of student housing units. (Government Code section 65915(F)(3)).

(2024-384, 02/07/2024)

Effective on: 3/8/2024

1. Criteria. For a density bonus for a qualified land donation to be granted pursuant to Section 9.180.110.B, all the requirements of this section shall be met.

2. The applicant is applying for a tentative subdivision map, parcel map or other residential development approval (Government Code Section 65915(g)(1)).

3. The application includes at least a 10% minimum affordable housing component for very low-income households (Government Code Section 65915(g)(1)).

4. An applicant shall be eligible for an increased density bonus described in this section if all of the following criteria and conditions are met:

5. The developable acreage and zoning classification of the land being transferred must be sufficient to permit construction of units affordable to very low-income households in an amount not less than 10% of the number of residential units of the proposed development pursuant to Government Code Section 65915(g)(2)(B).

6. The transferred land shall be at least 1 acre in size or of sufficient size to permit development of at least 40 units, have the appropriate General Plan land use designation, be appropriately zoned with appropriate development standards for development at the density described in Government Code Section 65583.2(c)(3), and is or will be served by adequate public facilities and infrastructure (Government Code Section 65915(g)(2)(C)).

7. The qualified land shall be transferred to the City or to a housing developer approved by the City. The City may require the applicant to identify and transfer the land to an approved housing developer (Government Code Section 65915(g)(2)(F)).

8. The qualified land has all of the permits and approvals, other than building permits, necessary for the development of the very low-income housing affordable units on the qualified land, not later than the date of approval of the final subdivision map, parcel map or residential development application filed. However, the City may subject the proposed development to subsequent design review to the extent authorized by Government Code Section 65583.2(i) if the design is not reviewed by the City prior to the time of transfer (Government Code Section 65915(g)(2)(D)).

9. The qualified land shall be donated and transferred no later than the date of approval of the final subdivision map, parcel map, or residential development application (Government Code Section 65915(g)(2)(A)).

10. The qualified land and the affordable units are subject to a deed restriction ensuring continued affordability of the units consistent with Section 9.180.090 which shall be recorded against the qualified land at the time of the transfer (Government Code Section 65915(g)(2)(E)).

11. The qualified land is within the boundary of the proposed development or, if the City agrees, within 0.25 mile of the boundary of the proposed development (Government Code Section 65915(g)(2)(G)).

12. A proposed source of funding for the very low-income household units shall be identified no later than the date of approval of the final subdivision map, parcel map or residential development application (Government Code Section 65915(g)(2)(H)).

13. Density Bonus Allowance for Qualified Land Donation for Very Low-Income Housing. If the requirements of Section 9.180.110.A are satisfied, the applicant shall be entitled to at least a 15% increase above the otherwise maximum allowable residential density for the entire development, as shown in Table 9.180.110-1, Density Bonus Allowances for Qualified Land Donation Projects (Government Code Section 65915(g)(1)). This increase shall be in addition to any increase in density allowed under this Chapter, as mandated by Government Code Section 65915(b), up to a maximum combined mandated density increase of 35 percent if an applicant seeks an increase pursuant to both this Section and Government Code Section 65915(b). All density calculations resulting in fractional units shall be rounded up to the next whole number.

Table 9.180.110-1 Density Bonus Allowances for Qualified Land Donation Projects

3. All density calculations resulting in fractional units shall be rounded up to the next whole number (Government Code Section 65915(g)(2)).

(2024-384, 02/07/2024)

Effective on: 3/8/2024

1. Criteria. In order for a density bonus to be granted for a shared housing building under subsection 9.180.030.1, of this chapter, the shared housing development must meet the following criteria:

2. The shared housing building is a residential or mixed-use structure, with five or more shared housing units and one or more common kitchens and dining areas designed for permanent residence of more than 30 days by its tenants.

3. The kitchens and dining areas within the shared building shall be able to adequately accommodate all residents.

4. A shared housing building may include other dwelling units that are not shared housing units, provided that those dwelling units do not occupy more than 25 percent of the floor area of the shared housing building.

5. A shared housing building may include incidental commercial uses, provided that those commercial uses are otherwise allowable and are located only on the ground floor level of the shared housing building closest to the street or sidewalk of the shared housing building.

6. A shared housing unit means one or more habitable rooms, not within another dwelling unit, that includes a bathroom, sink, refrigerator, and microwave, is used for permanent residence, that meets the “minimum room area” specified in Section R304 of the California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations), and complies with the definition of “guestroom” in Section R202 of the California Residential Code.

(2024-384, 02/07/2024)

Effective on: 3/8/2024

1. When an application for approval of a commercial development has entered into an agreement for partnered housing described in Section 9.180.117.C, to contribute affordable housing through a joint project or two separate projects encompassing affordable housing, the City shall grant to the commercial developer a development bonus as prescribed in Section 9.180.117.C. Housing shall be constructed on the site of the commercial development or on a site that is all of the following:

2. Within the boundaries of the City.

3. In close proximity to public amenities including schools and employment centers.

4. Located within one-half mile of a major transit stop, as defined in subdivision (b) of Section 21155 of the Public Resources Code.

5. The development bonus granted to the commercial developer shall mean incentives, mutually agreed upon by the developer and the City, that may include, but are not limited to, any of the following:

6. Up to a 20 percent increase in maximum allowable intensity in the General Plan.

7. Up to a 20 percent increase in maximum allowable floor area ratio.

8. Up to a 20 percent increase in maximum height requirement.

9. Up to a 20 percent reduction in minimum parking requirements.

10. Use of a limited-use/limited-application elevator for upper floor accessibility.

11. An exception to a zoning ordinance or other land use regulation.

12. For purposes of this section, the agreement for partnered housing shall be between the commercial developer and the housing developer, shall identify how the commercial developer will contribute affordable housing, and shall be approved by the City.

13. For purposes of this section, affordable housing may be contributed by the commercial developer in one of the following manners:

14. The commercial developer may directly build the units.

15. The commercial developer may donate a portion of the site or property elsewhere to the affordable housing developer for use as a site for affordable housing.

16. The commercial developer may make a cash payment to the affordable housing developer that shall be used towards the costs of constructing the affordable housing project.

17. For purposes of this section, Government Code Section 65915(c)(3)(A) shall apply.

18. Nothing in this section shall preclude additional allowances or incentives offered to developers by the City pursuant to law or regulation.

19. If the developer of the affordable units does not commence with construction of those units in accordance with timelines ascribed by the agreement described in Section 9.180.117.C, the City may withhold certificates of occupancy for the commercial development under construction until the developer has completed construction of the affordable units.

20. In order to qualify for a development bonus under this section, a commercial developer shall partner with a housing developer that provides at least 30 percent of the total units for low-income Households or at least 15 percent of the total units for very low-income Households.

21. Nothing in this section shall preclude an affordable housing developer from seeking a density bonus, concessions or incentives, waivers or reductions of development standards or parking ratios under this Chapter.

22. A development bonus pursuant to this section shall not include a reduction or waiver of the requirements within an ordinance that requires the payment of a fee by a commercial developer for the promotion or provision of affordable housing.

23. For purposes of this section, “partner” means formation of a partnership, limited liability company, corporation, or other entity recognized by the state in which the commercial development applicant and the affordable housing developer are each partners, members, shareholders or other participants, or a contract or agreement between a commercial development applicant and affordable housing developer for the development of both the commercial and the affordable housing properties.

24. This section shall remain in effect until January 1, 2028 and as of that date is repealed.

(2024-384, 02/07/2024)

Effective on: 3/8/2024

Government Code Subsections 65915(d), (j), (k) and (l) govern the following provisions regarding affordable housing incentives.

1. Qualifications for Incentives. Subject to Section 9.180.140 (Criteria for Denial of Application for Incentives), all of the following applicable requirements must be satisfied in order for an applicant to be granted an incentive(s) pursuant to this subsection and Section 9.80.130 (Number of Incentives Granted):

2. The applicant for an incentive is also an applicant for a density bonus and qualifies for a density bonus pursuant to Section 9.280.030 (Government Code Section 65915(d)(1)).

3. A specific written proposal for an incentive(s) has or will be submitted with the application for density bonus (Government Code Section 65915(b)(1) and (d)(1)).

4. If an incentive(s) pursuant to Sections 9.280.030 and 9.80.120 is sought, the applicant shall establish that each requested incentive would result in identifiable, financially sufficient and actual cost reductions for the qualified housing development (Government Code Section 65915(k)(1) and (3)).

5. If an incentive(s) pursuant to Subsection 9.180.120.A(2) is sought, the applicant shall establish that the requirements of that section are met (Government Code Section 65915(k)(2)).

6. If an additional incentive for a childcare facility is sought pursuant to Subsection 9.180.070.B, the applicant shall establish that the requirements of that section are met (Government Code Section 65915(h)(1)(B)).

7. The granting of an incentive shall not be interpreted, in and of itself, to require a General Plan amendment, zoning change, or other discretionary approval (Government Code Section 65915(j)). An incentive is applicable only to the project for which it is granted. An applicant for an incentive may request a meeting with the Community Development Director and, if requested, the Community Development Director will meet with the applicant to discuss the proposal (Government Code Section 65915(d)(1)).

8. Types of Incentives. For the purposes of this chapter, incentive means any of the following:

9. A reduction in site development standards or a modification of development code requirements or design guidelines that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable, actual cost reductions, to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in Section 9.180.190.B (Government Code Section 65915(k)(1)).

10. Approval of mixed-use zoning in conjunction with the qualified housing development if commercial, office, industrial or other land uses will reduce the cost of the qualified housing development and if the commercial, office, industrial or other land uses are compatible with the qualified housing development and the existing or planned development in the area where the proposed qualified housing development will be located (Government Code Section 65915(k)(2)).

11. Other regulatory incentives proposed by the affordable housing developer or the City that result in identifiable, actual cost reductions to provide for affordable housing costs as defined as Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in Section 9.180.190.B. (Government Code Section 65915(k)(3)).

12. Direct Incentives Allowed. Nothing in this section limits or requires the provision of direct financial incentives by the City for the qualified housing development, including the provision of publicly owned land, or the waiver of fees or dedication requirements (Government Code Section 65915(l)).

(2024-384, 02/07/2024)

Effective on: 3/8/2024

1. Subject to Section 9.180.140 (Criteria for Denial of Application for Incentives), an applicant meeting the requirements of Subsection 9.180.120 shall receive the following number of incentives described below and as shown in Table 9.180.130-1, Incentive Allowances for Qualified Housing Developments.

2. One incentive for qualified housing development projects, including shared housing building developments, that include at least 5% of the total units for very low-income households, at least 10% for low-income households, or at least 10% for persons and families of moderate-income households in which the units are for sale in a common interest development. (Government Code Section 65915(d)(2)(A)).

3. Two incentives for qualified housing development projects, including shared housing building developments, that include at least 10% of the total units for very low-income households, at least 17% for low-income households, or at least 20% for persons and families of moderate-income households in which the units are for sale in a common interest development. (Government Code Section 65915(d)(2)(B)).

4. Three incentives for qualified housing development projects, including shared housing building developments, that include at least 15% of the total units for very low-income households, at least 24% for low-income households, or at least 30% for persons and families of moderate-income households in which the units are for sale in a common interest development. (Government Code Section 65915(d)(2)(C)).

5. Four incentives for qualified housing developments, including shared housing building developments, that include at least 16% of the total units for very low-income households or 45% moderate income units in which the units are for sale. (Government Code Section 65915(d)(2)(F)).

6. Five incentives for qualified housing developments, including shared housing building developments, that include 100% of total units, exclusive of a manager's unit or units, for lower income households, except that up to 20% of the total units in the development may be for moderate-income households. If the project is within 1/2 mile of a major transit stop, the project shall also receive a height increase of up to three additional stories, or 33 feet. (Government Code 65915(d)(2)(D)).

7. One incentive or concession for projects that include at least 20 percent of the total units for lower income students in a student housing development. (Government Code Section 65915(d)(2)(E)).

8. A qualified housing development proposal that includes a childcare facility shall be granted an additional incentive that contributes significantly to the economic feasibility of the construction of the childcare facility. (Government Code Section 65915(h)(1)(B)).

Table 9.180.130-1 Incentives Allowances for Qualified Housing Developments

(2024-384, 02/07/2024)

Effective on: 3/8/2024

Except as otherwise provided in this chapter or by state law, if the requirements of Subsection 9.180.120.A (Affordable Housing Incentives) are met, the City shall grant the incentive(s) that are authorized by Subsection 9.180.120.B and Section 9.115.110 (Density Bonus for Land Donations) unless a written finding, based upon substantial evidence, is made with respect to any of the following, in which case the City may refuse to grant the incentive(s):

1. The incentive is not required in order to provide affordable housing costs or affordable rents for the affordable units subject to the qualified housing development application (Government Code Section 65915(d)(1)(A)).
2. The incentive would have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2), upon the public health and safety or 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 (Government Code Section 65915(d)(1)(B); Government Code Section 65915 (d)(3)).
3. The incentive would be contrary to state or federal law (Government Code Section 65915(d)(1)(C)).
4. The City is authorized not to provide a density bonus as provided in this section upon substantial evidence that the community has adequate childcare facilities (Government Code Section 65915(h)(3)).

1. Requirements for Waiver or Modification of Development Standards.

2. Application. To qualify for a waiver or reduction of one or more development standards, the applicant shall submit a written application (together with an application for a qualified housing development) that states the specific development standard(s) sought to be modified or waived and the basis of the request (Government Code Section 65915(e)(1)). An applicant for a waiver or modification of development standard(s) pursuant to this Section may request a meeting with the Community Development Director to review the proposal. If requested, the Community Development Director shall meet with the applicant (Government Code Section 65915(e)(1)). An application for the waiver or reduction of development standard(s) pursuant to this Section shall neither reduce nor increase the number of incentives to which the applicant is entitled pursuant to Section 9.180.120 (Affordable Housing Incentives) (Government Code Section 65915(e)(2)).

3. A housing development that receives a waiver from any maximum controls on density based on location relative to a major transit stop pursuant to Government Code Section 65915(f)(3)(D)(ii) shall not be eligible for, and shall not receive, a waiver or reduction of development standards, other than as expressly provided in Government Code Sections 65915(d)(2)(D) and (f)(3)(D)(ii).

4. Findings. All of the following findings must be made for each waiver or reduction requested:

5. The development standard for which a waiver or reduction is requested will have the effect of physically precluding the construction of the proposed qualified housing development at the densities or with the incentives permitted under this chapter (Government Code Section 65915(e)(1)).

6. The requested waiver or reduction of a development standard will not have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2), upon the health, safety and/or physical environment or, if such a specific, adverse impact exists, there is a feasible method to satisfactorily mitigate or avoid the specific, adverse impact (Government Code Section 65915(e)(1)).

7. The requested waiver or reduction of a development standard will not have an adverse impact on any real property that is listed in the California Register of Historical Resources (Government Code Section 65915(e)(1)).

8. The requested waiver or reduction of a development standard is not contrary to state or federal law (Government Code Section 65915(e)(1)).

9. Granting Application for Waiver or Modification of Development Standards. If the requirements of Subsection 9.180.150.A are satisfied, the application for waiver or modification of development standard(s) shall be granted, and the City shall not apply a development standard that will have the effect of physically precluding the construction of a qualified housing development at the densities or with the incentives permitted by this chapter (Government Code Section 65915(e)(1)).

1. Requirements for Parking Standard Modifications. Parking standard modifications pursuant to Subsection 9.180.160.B are available only for qualified housing developments. An application for parking standard modifications stating the specific modification requested pursuant to Subsection 9.180.160.B shall be submitted with the qualified housing development application (Government Code Section 65915(p)(3)).

2. Parking Standard Modifications. If the requirements of Subsection 9.180.160.A are met, the vehicular parking ratio, inclusive of handicapped and guest parking, shall not exceed the following per unit ratios (Government Code Section 65915(p)(1)), except where noted under Subsection 9.180.160.C (Exceptions):

3. Zero to one bedroom: 1 on-site parking space

4. Two to three bedrooms: 1.5 on-site parking spaces

5. Four and more bedrooms: 2.5 on-site parking spaces

6. Exceptions. Upon the applicant’s request, the following maximum parking standards shall apply, inclusive of handicap and guest parking, to the entire housing development subject to this chapter, as required by Government Code Section 65915(p)(2):

Table 9.180.160-1 Special Parking Requirements

4. If the total number of parking spaces required for the qualified housing development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this section, “on-site parking” may be provided through tandem parking or uncovered parking, but not through on-street parking (Government Code Section 65915(p)(5)).
5. Except as otherwise provided in this section, all other provisions of Chapter 9.215 (Off-Street Parking and Loading) applicable to residential development apply.
6. An applicant may request additional parking incentives beyond those provided in this section if applied for pursuant to Section 9.180.120 (Government Code Section 65915(p)(3)).
7. Notwithstanding allowances in Subsection 9.180.160.C, if the City or an independent consultant has conducted an area-wide or jurisdiction-wide parking study in the last 7 years, the City may impose a higher vehicular parking ratio not to exceed the ratio described in Subsection 9.180.160.B, based on substantial evidence found in the parking study that includes, but is not limited to, an analysis of parking availability, differing levels of transit access, walkability access to transit services, the potential for shared parking, the effect of parking requirements on the cost of market-rate and subsidized developments, and the lower rates of car ownership for low- and very low-income individuals, including seniors and special needs individuals. The City shall pay the costs of any new study. The City shall make findings, based on a parking study completed in conformity with this paragraph, supporting the need for the higher parking ratio (California Government Code Section 65915(p)(7)).

(2024-384, 02/07/2024)

Effective on: 3/8/2024

1. Project Design and Phasing. Projects seeking an affordable housing benefit pursuant to this chapter shall comply with the following requirements, unless otherwise specified in writing by the Community Development Director:

2. Location/Dispersal of Units. Affordable units shall be reasonably dispersed throughout the development where feasible and shall contain on average the same (or greater) number of bedrooms as the market-rate units.

3. Phasing. If a project is to be developed in phases, each phase must contain the same or substantially similar proportion of affordable units and market-rate units.

4. Exterior Appearance. The exterior appearance and quality of the affordable units must be similar to the market-rate units. The exterior materials and improvements of the affordable units must be similar to, and architecturally compatible with, the market-rate units.

5. Application Requirements. An application for one or more affordable housing benefits shall be submitted as follows:

6. Each affordable housing benefit requested shall be specifically stated in writing on the application form provided by the City.

7. The application shall include the information and documents necessary to establish that the requirements of this chapter are satisfied for each affordable housing benefit requested, including:

8. For density bonus requests, that the requirements of Section 9.180.030 Eligibility for Density Bonus and Incentives) are met;

9. For incentive requests, that the requirements of Section 9.180.120 (Affordable Housing Incentives) are met;

10. For development standard waiver or modification requests, that the requirements of Section 9.180.150 (Waiver or Modification of Development Standards) are met; and/or

11. For parking standard modification requests, that the requirements of Section 9.180.160 (Parking Standard Modifications for Qualified Housing Developments) are met.

12. The application shall be submitted concurrently with a complete application for a qualified housing development.

13. The application shall include a site plan that complies with and includes the following:

14. For senior citizen housing development projects, the number and location of proposed total units and density bonus units.

15. For all qualified housing development projects other than senior citizen housing development projects, the number and location of proposed total units, affordable units and density bonus units. The density bonus units shall be permitted in geographic areas of the qualified housing development other than the areas where the affordable units are located (Government Code Section 65915(i)).

16. The location, design and phasing criteria required by Subsection 9.180.170.A, including any proposed development standard(s) modifications or waivers pursuant to Section 9.180.150 (Waiver or Modification of Development Standards).

17. The application for a qualified housing development shall state the level of affordability of the affordable units and include a proposal for compliance with Section 9.180.190 (Affordable Housing Agreement and Equity Sharing Agreement) for ensuring affordability.

18. If a density bonus is requested for a qualified land donation pursuant to Section 9.180.110 (Density Bonus for Land Donations), the application shall show the location of the qualified land in addition to including sufficient information to establish that each requirement in Section 9.180.110 has been met.

19. If an additional density bonus or incentive is requested for a childcare facility pursuant to Section 9.180.070 (Density Bonus for Housing Development with Affordable Housing Component and Childcare Facility) and/or Subsection 9.180.130.B (Number of Incentives Granted), the application shall show the location and square footage of the childcare facility in addition to including sufficient information to establish that each requirement in Section 9.180.070 and/or Subsection 9.180.130.B has been met.

20. An application for an affordable housing benefit under this chapter shall not be processed until all of the provisions of this section are complied with as determined by the Community Development Director and shall be processed concurrently with the application for the qualified housing development project for which the affordable housing benefit is sought. Prior to the submittal of an application for a qualified housing development, an applicant may submit to the Community Development Director a preliminary proposal for affordable housing benefits. The Community Development Director shall, within 90 days of receipt of a written proposal, notify the applicant of the Community Development Director’s preliminary response and schedule a meeting with the applicant to discuss the proposal and the Community Development Director’s preliminary response.

21. The Community Development Director shall provide the applicant with written notice as to whether the application is deemed complete in accordance with Section 9.30.060 (Determination of Completeness). If the application is deemed complete, the Community Development Director shall provide the applicant with a determination on the following:

22. The amount of density bonus for which the applicant is eligible.

23. If the applicant requests a parking ratio pursuant to Section 9.180.120, the parking ratio for which the applicant is eligible.

24. If the applicant requests incentives or concessions pursuant to Section 9.180.120, or waivers or reductions of development standards pursuant to Section 9.180.150​​​​​​​, whether the applicant has provided sufficient information for the City to make a determination as to those incentives, concessions, or waivers or reductions of development standards.

25. Any determination shall be based on the development project at the time the application is deemed complete. The City will adjust the amount of density bonus and parking ratios allowed based on any changes to the project during the course of development.

(2024-384, 02/07/2024)

Effective on: 3/8/2024

The decision-making body for the underlying qualified housing development application is authorized to approve or deny an application for an affordable housing benefit in accordance with this chapter.

1. Affordable Housing Benefit Determinations. An application for an affordable housing benefit shall be granted if the requirements of this chapter are satisfied unless:

2. The application is for an incentive for which a finding is made in accordance with Section 9.180.140 (Criteria for Denial of Application for Incentives); or

3. The underlying application for the qualified housing development is not approved independent of and without consideration of the application for the affordable housing benefit.

4. Affordable Housing Benefit Compliance Provisions. To ensure compliance with this chapter and state law, approval of an application for an affordable housing benefit may be subject to, without limitation:

5. The imposition of conditions of approval to the qualified housing development, including imposition of fees necessary to monitor and enforce the provisions of this chapter;

6. An affordable housing agreement and, if applicable, an equity sharing agreement pursuant to Section 9.180.190 (Affordable Housing Agreement and Equity Sharing Agreement); and

7. A recorded deed restriction implementing conditions of approval and/or contractual or legally mandated provisions.

8. A decision regarding an affordable housing benefit application is subject to the appeal provisions of Section 9.30.100 (Appeals).

1. General Requirements. No density bonus pursuant to Section 9.180.030 (Eligibility for Density Bonuses and Incentives) shall be granted unless and until the affordable housing developer, or its designee approved in writing by the Community Development Director, enters into an affordable housing agreement and, if applicable, an equity sharing agreement, with the City or its designee pursuant to and in compliance with this section (Government Code Section 65915(c)). The agreements shall be in the form provided by the City, which shall contain terms and conditions mandated by, or necessary to implement, state law and this chapter. The Community Development Director may designate a qualified administrator or entity to administer the provisions of this section on behalf of the City. The affordable housing agreement shall be recorded prior to, or concurrently with, final map recordation or, where the qualified housing development does not include a map, prior to issuance of a building permit for any structure on the site. The Community Development Director is hereby authorized to enter into the agreements authorized by this section on behalf of the City upon approval of the agreements by the City Attorney for legal form and sufficiency.

2. Low- or Very Low-Income Minimum Affordable Housing Component or Senior Citizen Housing Development.

3. The affordable housing developer of a qualified housing development based upon the inclusion of low-income and/or very low-income affordable units shall enter into an agreement with the City to maintain the continued affordability of the affordable units for 55 years (for rental units) or 30 years (for for-sale units), or a longer period if required by the construction or mortgage financing assistance program, mortgage insurance program or rental subsidy program, as follows (Government Code Section 65915(c)(1)). The agreement shall establish specific compliance standards and specific remedies available to the City if such compliance standards are not met. The agreement shall, among other things, specify the number of lower-income affordable units by number of bedrooms; standards for qualifying household incomes or other qualifying criteria, such as age; standards for maximum rents or sales prices; the person responsible for certifying tenant or owner incomes; procedures by which vacancies will be filled and units sold; required annual report and monitoring fees; restrictions imposed on lower-income affordable units on sale or transfer; and methods of enforcing such restrictions.

4. Rental Units. Rents for the low-income and very low-income affordable units that qualified the housing development for the density bonus pursuant to Section 9.180.030 shall be set and maintained at an affordable rent (Government Code Section 65915(c)(1)). The agreement shall set rents for the lower-income density bonus units at an affordable rent as defined in California Health and Safety Code Section 50053, except for developments meeting the criteria of Government Code Section 65915(b)(1)(G), for which rents for all units in the development, including both base density and density bonus units, shall be as follows:

5. The rent for at least 20 percent of the units in the development shall be set at an affordable rent, as defined in Section 50053 of the Health and Safety Code.

6. The rent for the remaining units in the development shall be set at an amount consistent with the maximum rent levels for a housing development that receives an allocation of state or federal low-income housing tax credits from the California Tax Credit Allocation Committee.

7. The agreement shall require that owner-occupied units be made available at an affordable housing cost as defined in Health and Safety Code Section 50052.5.

8. For-Sale Units. Owner-occupied low-income and very low-income affordable units that qualified the housing development for the density bonus pursuant to Section 9.180.030 shall be available at an affordable housing cost (Government Code Section 65915(c)(2)). The affordable housing developer of a qualified housing development based upon a very low- or low-income minimum affordable component shall enter into an equity sharing agreement with the City or the master or non-affordable housing developer. The agreement shall be between the City and the buyer or between developer and the buyer if the developer is the seller of the unit. The City shall enforce the equity sharing agreement unless it is in conflict with the requirements of another public funding source or law (Government Code Section 65915(c)(2)). The equity sharing agreement shall include at a minimum the following provisions:

9. Upon resale, the seller of the unit shall retain the value of any improvements, the down payment and the seller's proportionate share of appreciation. The City shall recapture any initial subsidy, as defined in subparagraph (b), and its proportionate share of appreciation, as defined in subparagraph (c), which amount shall be used within five years for any of the purposes described in subdivision (e) of Section 33334.2 of the Health and Safety Code that promote homeownership.

10. For purposes of this section, the City's initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the very low-income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, the value at the time of the resale shall be used as the initial market value.

11. For purposes of this subdivision, the City's proportionate share of appreciation shall be equal to the ratio of the City's initial subsidy to the fair market value of the home at the time of initial sale.

12. Senior Units. At least 35 senior citizen housing development units shall be maintained and available for rent or sale to senior citizens as defined in Civil Code Section 51.3.

13. Moderate Income Minimum Affordable Housing Component.

14. The affordable housing developer of a qualified housing development based upon the inclusion of moderate-income affordable units in a common interest development shall enter into an agreement with the City ensuring that:

15. The initial occupants of the moderate-income affordable units that are directly related to the receipt of the density bonus are persons and families of a moderate-income household.

16. The units are offered at an affordable housing cost (Government Code Section 65915(c)(2)).

17. The affordable housing developer of a qualified housing development based upon a moderate-income minimum affordable component shall enter into an equity sharing agreement with the City or the master or non-affordable housing developer (Government Code Section 65915(c)(2)). The agreement shall be between the City and the buyer or between the developer and the buyer if the developer is the seller of the unit. The City shall enforce the equity sharing agreement unless it is in conflict with the requirements of another public funding source or law (Government Code Section 65915(c)(2)). The equity sharing agreement shall include at a minimum the following provisions:

18. Upon resale, the seller of the unit shall retain the value of improvements, the down payment and the seller’s proportionate share of appreciation. The City shall recapture any initial subsidy, as defined in subparagraph (b), and its proportionate share of appreciation, as defined in subparagraph (c), which amount shall be used within five years for any of the purposes described in Health and Safety Code Section 33334.2(e) that promote homeownership (Government Code Section 65915(c)(2)(A)).

19. The City’s initial subsidy shall be equal to the fair market value of the unit at the time of initial sale minus the initial sale price to the moderate-income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, the value at the time of the resale shall be used as the initial market value (Government Code Section 65915(c)(2)(B)).

20. The City’s proportionate share of appreciation shall be equal to the ratio of the City’s initial subsidy to the fair market value of the unit at the time of initial sale (Government Code Section 65915(c)(2)(C)).

21. Minimum Affordable Housing Component and Childcare Facility. If an additional density bonus or incentive is granted because a childcare facility is included in the qualified housing development, the affordable housing agreement shall also include the affordable housing developer’s obligations pursuant to Subsection 9.180.070.A(3) for maintaining a childcare facility, if not otherwise addressed through conditions of approval.

1. Requirements for Density Bonus or Incentive for Condominium Conversion Projects.

2. An applicant requesting the conversion of Apartments to a condominium project agrees to provide at least:

3. 33% of the total units of the proposed condominium project to persons and families of moderate-income households; or

4. 15% of the total units of the proposed condominium project to persons and families of low-income households.

5. If the applicant agrees to pay for the reasonably necessary administrative costs incurred by the City pursuant to this section, the City shall either:

6. Grant a density bonus; or

7. Provide other incentives of equivalent financial value (Government Code Section 65915.5(a)).

8. Definition of Density Bonus for Condominium Conversion Projects. If the requirements of Subsection 9.180.200.A are met, the condominium conversion project will be entitled to an increase in units of 25% over the number of Apartments, to be provided within the existing structure or structures proposed for conversion from Apartments to condominiums (Government Code Section 65915.5(b)).

9. Pre-submittal Preliminary Proposals for Density Bonus or Incentive for Condominium Conversion Projects. Prior to the submittal of a formal request for subdivision map approval or other application for necessary discretionary approvals, an applicant to convert Apartments to a condominium project may submit to the Community Development Director a preliminary proposal for density bonus or other incentives of equivalent financial value. The Community Development Director shall, within 90 days of receipt of a written proposal, notify the applicant of the Community Development Director’s preliminary response and schedule a meeting with the applicant to discuss the proposal and the Community Development Director’s preliminary response (Government Code Section 65915.5(d)).

10. Application for Density Bonus or Incentives for Condominium Conversion Projects. An applicant shall submit a completed application provided by the City for a density bonus or for other incentives of equivalent financial value. The application shall be submitted concurrently with the application for the condominium conversion project. The application shall include the following:

11. All information and documentation necessary to establish that the requirements of Subsection 9.180.200.A are met.

12. The proposal for a density bonus or the proposal for other incentives of equivalent financial value.

13. Site plans demonstrating the location of the units to be converted, the affordable units, the market-rate units and the density bonus units in the condominium conversion project.

14. Any other information and documentation requested by the City to determine if the requirements of Subsection 9.180.200.A are met.

Both the application for a density bonus or other incentives of equivalent financial value and the application for the condominium conversion shall be complete before the application for a density bonus or other incentives of equivalent financial value will be considered.

5. Granting Density Bonus or Incentive for Condominium Conversion Projects.

6. Approval.

7. If the requirements of Subsection 9.180.200.A are met, the decision-making body for the condominium conversion project application is authorized to grant an application for a density bonus or other incentives of equivalent financial value, subject to Subsection 9.180.200.E(2).

8. Reasonable conditions may be placed on the granting of a density bonus or other incentives of equivalent financial value that are found appropriate, including but not limited to entering into an affordable housing agreement pursuant to Section 9.180.190 (Affordable Housing Agreement and Equity Sharing Agreement), which ensures continued affordability of units to subsequent purchasers who are persons and families of moderate-income households or low-income households (Government Code Section 65915.5(a)).

9. Ineligibility. An applicant shall be ineligible for a density bonus or other incentives of equivalent financial value if the Apartments proposed for conversion constitute a qualified housing development for which a density bonus as defined in Section 9.180.030 (Eligibility for Density Bonuses and Incentives) or other incentives were provided (Government Code Section 65915.5(f)).

10. Decision on Condominium Conversion Project. Nothing in this section shall be construed to require the City to approve a proposal to convert Apartments to condominiums (Government Code Section 65915.5(e)).

1. Occupancy. Prior to occupancy of an affordable unit, the household's eligibility for occupancy of the affordable unit shall be demonstrated to the City. This provision applies throughout the restricted time periods pursuant to Section 9.180.190 (Affordable Housing Agreement and Equity Sharing Agreement) and applies to any change in ownership or tenancy, including subletting, of the affordable unit.
2. Ongoing Compliance. Upon request, the affordable housing developer shall show that the affordable units are continually in compliance with this chapter and the terms of the affordable housing agreement. Upon 30-day notice, the City may perform an audit to determine compliance with this chapter and the terms of any agreement or restriction.
3. Enforcement. The City shall have the authority to enforce the provisions of this chapter, the terms of affordable housing agreements and equity sharing agreements, deed restrictions, covenants, resale restrictions, promissory notes, deed of trust, conditions of approval, permit conditions and any other requirements placed on the affordable units or the approval of the qualified housing development. In addition to the enforcement powers granted in this chapter, the City may, at its discretion, take any other enforcement action permitted by law, including those authorized by City ordinances. Such enforcement actions may include, but are not limited to, a civil action for specific performance of the restrictions and agreement(s), damages for breach of contract, restitution and injunctive relief. The remedies provided for herein shall be cumulative and not exclusive and shall not preclude the City from seeking any other remedy or relief to which it otherwise would be entitled under law or equity.