18.52.090   DEVELOPMENT INCENTIVES.
   .010   General.  The City shall grant the number of Incentives as indicated in Table 52-F below, unless written findings are made in accordance with Section 18.52.120 (Findings), with the exception of Tier One Incentives for an Affordable Rental Housing Development, which are not subject to discretionary review or denial. The City reserves the right to allow additional Incentives.
      .0101   Density Bonus.  An applicant that meets the requirements for a Density Bonus, as specified in Sections 18.52.040 (General Density Bonus), 18.52.050 (Transfer of Land) or 18.52.060 (Condominium Conversion) shall as a minimum be granted the number of Incentives identified in Table 52-F (Number of Incentives by Level of Affordability).  An applicant that proposes a Childcare Facility that meets the requirements specified in 18.52.070 (Childcare Facilities) shall be granted one (1) additional Incentive.
 
Table 52-F
NUMBER OF INCENTIVES BY LEVEL OF AFFORDABILITY
Level of Affordability
Percentage of Affordable Units
Number of Development Incentives*
Very Low Income
At Least 5%
1
At Least 10%
2
At Least 15%
3
100% (up to 20% can be moderate income)**
All Tier One Incentives plus up to 3 Tier Two Incentives
Lower Income
At Least 10%
1
At Least 20%
2
At Least 30%
3
100% (up to 20% can be moderate income)**
All Tier One Incentives plus up to 3 Tier Tow Incentives
Moderate Income (Common Interest Developments only)
At Least 10%
1
At Least 20%
2
At Least 30%
3
*An additional Incentive may be granted if the applicant is proposing a Childcare Facility per the requirements of Section 18.52.070 (Childcare Facilities).
**If housing project is located within one-half mile of a Major Transit Stop, the project shall also receive a height increase of up to three additional stories, or 33 feet. The allowed height increase under this section shall not be counted towards the allowed number of Incentives.
 
      .0102   Affordable Rental Housing Development.  An applicant that meets the requirements for an Affordable Rental Housing Development, as specified in Section 18.52.080 (Affordable Rental Housing Development), shall be granted the following number of Incentives:
         .01.   Tier One Incentives. Any and all Tier One Incentives, as specified in this subsection. These Incentives shall not count towards the minimum number of Incentives granted or be subject to discretionary review or denial.
         .02.   Tier Two Incentives.  Three Tier Two Incentives, unless written findings are made in accordance with Section 18.52.120 (Findings).
   .020   Equivalent Financial Incentive.  The City may offer an equivalent financial incentive in lieu of granting a Density Bonus and an additional Incentive(s).  The value of the equivalent financial incentive shall equal at least the land cost per dwelling unit savings that would result from the Density Bonus and additional Incentive, as supported by an independent analysis of the applicant's property, and must contribute significantly to the economic feasibility of providing the Affordable Units pursuant to this chapter.
   .030   Tier One Incentives.  The following Incentives shall be granted through the ministerial review procedures defined in Section 18.52.110 (Application Review):
      .0301   Site Coverage. The maximum allowable site coverage may be increased to ninety percent (90%) for any fully subterranean garage and to sixty-five percent (65%) for all other structures.
      .0302   Minimum Tree Size. The minimum tree size of fifty percent (50%) of the required trees may be decreased from the required twenty four (24) inch box size to a fifteen (15) gallon size.
      .0303   Irregular Lot.  An applicant for a Housing Development sited on an Irregular Lot may request a ten percent (10%) deviation of the structural setbacks requirements specified in Section 18.06.090 (Structural Setbacks) of Chapter 18.06 (Multiple-Family Residential Zones).  Multiple requests pursuant to this subsection shall only be counted as one (1) Incentive towards the number of Incentives granted as specified in Subsection 18.52.090.010 (General).
      .0304   Lot with Multiple Street Frontages. An applicant for a Housing Development on a Lot with Multiple Street Frontages may request a reduced landscape setback of not less than fifteen (15) feet in depth along any arterial highway, measured from the planned highway right-of-way line, as indicated in the Circulation Element of the General Plan and a reduced landscaped setback of not less than ten (10) feet in depth on all other streets.  Multiple requests pursuant to this subsection shall only be counted as one (1) Incentive towards the number of Tier One Incentives permitted under Subsection 18.52.090.010 (General).
      .0305   Maximum Building Height.  An increase in the maximum allowable building height and/or stories up to four (4) stories when such structure is located more than one hundred fifty (150) feet from any single-family residential zone boundary or Mobilehome Park (MHP) Overlay Zone.  Approval of this Incentive shall substitute for any requirement for a conditional use permit to allow building heights up to four (4) stories.
      .0306   Interior Lot Line Setbacks. The required interior lot line setback may be reduced in conformance with Table 52-G (Setbacks from Interior Property Lines) below. A minimum five (5)-foot wide landscaped setback shall be provided. For purposes of this subsection, minimum interior setbacks shall be determined independently for each story of the structure.  Each setback reduction shall be counted as one (1) Incentive towards the number of Tier One Incentives permitted under Subsection 18.52.090.010 (General). Building wall types are defined as follows:
         .01   Primary.  Building walls that contain entrances and exits and/or windows opening into living spaces where most activity occurs, such as dining rooms, living rooms, family rooms, kitchens and bedrooms.  Building walls with balconies are also included.
         .02   Secondary.  Building walls that contain windows opening into bathrooms, closets, stairwells and corridors.
         .03   Blank.  Building walls with no window openings or points of access.
 
Table 52-G
SETBACKS FROM INTERIOR PROPERTY LINES
Adjacent to a Single-Family Residential Zone
Adjacent to all Other Zones
Two-Story Structures
Primary Wall
30 feet
10 feet
Secondary or Blank Wall
15 feet
10 feet
Three-Story Structures
Primary Wall
35 feet
15 feet
Secondary or Blank Wall
20 feet
10 feet
Four-Story Structures*
Primary Wall
55 feet
15 feet
Secondary or Blank Wall
45 feet
10 feet
* The reduced interior lot line setback is a Tier One Incentive; an increase in the maximum allowable building height up to four (4) stories is a separate Incentive.
 
      .0307   Setbacks Between Buildings. The required building separation setback may be reduced in conformance with Table 52-H (Setbacks Between Buildings). If a building is parallel to another building of a different height, the setback for each wall as shown in the following table shall be halved for each building, and then combined to determine the total setback between the buildings. Each setback reduction shall be counted as one (1) Incentive towards the number of Tier One Incentives permitted under Section 18.52.090.010 (General).  Building wall types are defined as follows:
         .01   Primary.  Building walls that contain entrances and exits and/or windows opening into living spaces where most activity occurs, such as dining rooms, living rooms, family rooms, kitchens and bedrooms.  Building walls with balconies are also included.
         .02   Secondary.  Building walls that contain windows opening into bathrooms, closets, stairwells and corridors.
         .03   Blank.  Building walls with no window openings or points of access.
 
Table 52-H
SETBACKS BETWEEN BUILDINGS
Two-Story Structures
Wall Type
Primary
Secondary
Blank
Primary
25 feet
10 feet
10 feet
Secondary
10 feet
10 feet
10 feet
Blank
10 feet
10 feet
10 feet
Three-Story Structures
 
Primary
Secondary
Blank
Primary
35 feet
10 feet
10 feet
Secondary
10 feet
10 feet
10 feet
Blank
10 feet
10 feet
10 feet
Four-Story Structures*
 
Primary
Secondary
Blank
Primary
45 feet
30 feet
20 feet
Secondary
30 feet
25 feet
20 feet
Blank
20 feet
20 feet
20 feet
*The reduced setback between buildings is a Tier One Incentive; an increase in the maximum allowable building height up to four (4) stories is a separate Incentive.
 
      .0308   Accessory Uses with Community Benefit. A Housing Development that meets the requirements of Section 18.52.080 (Affordable Rental Housing Development) or Subsection 18.52.040.030.0307 of this chapter may include non-residential accessory use(s) that provide necessary services and benefits to the residents of the Housing Development and the surrounding community. Such accessory uses may include medical, educational, professional, and personal services, or any other uses deemed appropriate by the Community and Economic Development Director, which are available to the residents of the Housing Development and surrounding community. Prior to granting of this Incentive,  an operations plan and/or agreement shall be submitted for review and approval by the Community and Economic Development Director to ensure that the accessory use does not impact the surrounding community and that the accessory use is operated as an ancillary component of the primary residential use.
   .040   Tier Two Incentives.  The following Incentives shall be granted through the public hearing review procedures defined in Section 18.52.110 (Application Review):
      .0401   Right-of-Way.  A reduction of public right-of-way dedication or improvements.
      .0402   Maximum Building Height.  An increase in the maximum allowable building height and/or stories up to four (4) stories maximum height.  Approval of this Incentive shall substitute for any requirement for a conditional use permit to allow building heights up to four (4) stories.
      .0403   Mixed Use Zone.  Approval of mixed-use zoning in conjunction with a Housing Development subject to the following requirements:
         .01   The commercial, office, industrial, or other land uses will reduce the cost of the Housing Development.
         .02    The commercial, office, industrial, or other land uses are compatible with the Housing Development and the existing or planned development in the area where the proposed Housing Development will be located.
         .03   The request is in conjunction with any required applications for a zoning reclassification and/or General Plan amendment for a mixed-use designation.
      .0404   Any Other Development Standard.  Any other relief from a Development Standard proposed by the applicant or the City that will result in identifiable and actual cost reductions or avoidance. Each request for relief under this subsection shall be counted as one (1) Incentive towards the number of Tier Two Incentives allowed under Subsection 18.52.090.010 (General).
   .050   Modification of an Approved Incentive.  If an applicant has been granted an Incentive and the proposed plans for the Housing Development are revised and the revised plans require modification of the approved Incentive, the Planning Director may approve such modification unless written findings are made in accordance with Section 18.52.120 (Findings).  If the Planning Director determines that the request constitutes a substantial modification or a request for a new Incentive, the request shall be processed pursuant to Section 18.52.110 (Application Review).  (Ord. 5920 § 1 (part); June 8, 2004:  Ord. 6041 § 1 (part); November 13, 2006:  Ord. 6101 § 52 (part); April 22, 2008:  Ord. 6489 § 1 (part); July 14, 2020.)