18.52.050   TRANSFER OF LAND.
   .010   General.  An applicant for a tentative subdivision map, parcel map, or other residential development requesting a Density Bonus, Incentives and/or Reduced Parking Ratios by donating land to the City for the development of Affordable Units for Very Low Income Households shall comply with the following requirements: 
      .0101   Minimum Site Requirements. The transferred land shall meet all of the following minimum site requirements:
         .01   The land shall be at least one (1) net acre or of sufficient size to permit development of at least forty (40) units.
         .02   The land shall be of sufficient size to permit construction of Affordable Units for Very Low Income Households equal to or greater than ten percent (10%) of the number of units proposed by the associated subdivision map, parcel map or residential development approval.  The number of Affordable Units shall be used to calculate the Density Bonus pursuant to Subsection 18.52.050.020 (Density Bonus Calculations).
         .03   The land shall have the appropriate zoning and general plan designations to permit construction pursuant to .01 and .02 above.
         .04   The land shall or will be served by adequate public facilities and infrastructure.
         .05   The land shall be within the boundary of the proposed development or another suitable location subject to the approval of the Executive Director of Community and Economic Development Department. 
      .0102   Permits and Approvals. No later than the date of approval of the final subdivision map, parcel map, or of the residential development, the transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the Affordable Units for Very Low Income Households on the transferred land, except that the City may subject the proposed development to subsequent design review, to the extent authorized by subdivision (i) of Government Code Section 65583.2, if the design is not reviewed by the City prior to the time of transfer.
      .0103   Date of Transfer. The applicant shall donate and transfer land no later than the date of approval of the final subdivision map, parcel map, or residential development application.
      .0104   Land Recipient. The land shall be transferred to the City or to a housing developer approved by the Executive Director of Community and Economic Development Department.  The Executive Director may require the applicant to identify and transfer the land to the developer.
      .0105   Length of Affordability. The Affordable Units built on the transferred land shall remain restricted to an Affordable Rent for Very Low Income Households for a period of at least 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 except as otherwise provided for by California Government Code Section 65915.
   .020   Density Bonus Calculations. An application for a Density Bonus pursuant to this subsection that meets the requirements of this chapter shall be eligible for a Density Bonus as shown in Table 52-D (Transfer of Land Density Bonus).
      .0201   Percentage. The percentage of Affordable Units (the first column in Table 52-D) is the number of Affordable Units that shall be built on the transferred land divided by the total number of units in the proposed Housing Development (without a Density Bonus).
      .0202   Number of Density Bonus Units. The number of units granted by the Density Bonus is the percentage Density Bonus (the second column in Table 52-D) multiplied by the total number of units in the Housing Development (without a Density Bonus).
      .0203   Fractional Units.  All Density Bonus calculations resulting in fractional units shall be rounded up to the next whole number.
 
Table 52-D
TRANSFER OF LAND DENSITY BONUS
Percentage Very Low Income Units
Percentage Density Bonus
10
15
11
16
12
17
13
18
14
19
15
20
16
21
17
22
18
23
19
24
20
25
21
26
22
27
23
28
24
29
25
30
26
31
27
32
28
33
29
34
30
35
 
   .030   Lesser Density Bonuses. In cases where the applicant requests a density increase less than that identified in this section, no reduction will be allowed in the number of Affordable Units required.
   .050   Combination.  A Density Bonus pursuant to this section shall be in addition to any increase in density mandated by Section 18.52.040 (General Density Bonus), up to a maximum combined density increase of thirty-five percent (35%) if an applicant seeks both the increase required pursuant to this section and Section 18.52.040 (General Density Bonus).  (Ord. 6041 § 1 (part); November 13, 2006:  Ord. 6101 § 52 (part); April 22, 2008:  Ord. 6489 § 1 (part); July 14, 2020.)
(Ord. 6041 § 1 (part); November 13, 2006:  Ord. 6101 § 52 (part); April 22, 2008.)