A. An applicant may submit a preliminary proposal for housing development for a density bonus and incentives or concessions prior to the submittal of any formal application.
B. All requests pursuant to this Chapter shall be submitted to the City concurrently with the application for the first discretionary permit or other permit required for the housing development and shall be processed concurrently with the discretionary application following the review process as set forth for permits in Chapter 19.12, Administration, of the Cupertino Municipal Code established by the City. The applicant shall provide additional information as specified in this chapter, specifically:
1. A summary table showing the maximum number of units permitted by the zoning and general plan excluding any density bonus units, proposed affordable units by income level, proposed bonus percentage, proposed number of density bonus units, and total number of proposed dwelling units on site;
2. A site plan, drawn to scale, showing the number and location of all proposed units, designating the location of proposed affordable units and density bonus units and the type, size, and construction scheduling of affordable and market-rate units;
3. For a housing development that replaces rental housing on a site within the five-year period preceding the date of an application:
a. A description and documentation of all dwelling units existing on the site in the five-year period preceding the date of submittal of the application and identification of any units rented in the five-year period. If dwelling units on the site are rented as of the date of application, income and household size of all residents of the occupied units. If any dwelling units on the site were rented in the five-year period but are not currently rented, the income and household size, if known, of residents occupying dwelling units when the site contained the maximum number of dwelling units; and
b. Documentation of recorded covenant, ordinance, or law applicable to the site that restricted rents to levels affordable to very low or lower income households in the five-year period preceding the date of submittal of the application.
4. If a density bonus is requested for a land donation, the location of the land to be dedicated, proof of site control, and evidence that each of the requirements included in Section 19.56.030C can be met.
5. If a density bonus or incentive or concession is requested for a child care facility, evidence that all of the requirements in Section 19.56.030D can be met.
6. If a density bonus or incentive or concession is requested for a condominium conversion, evidence that all of the requirements in Section 19.56.030E can be met.
7. A written statement specifying the various incentives or concessions, waivers and reduction in off-street parking standards requested;
8. To ensure that each incentive or concession contributes significantly to the economic feasibility of the proposed affordable housing, for any incentive(s) or concession(s) requested, the following shall be submitted:
a. A project financial report (which may be in the form of a pro forma) demonstrating that the requested incentive(s) or concession(s) will result in identifiable, financially sufficient, and actual cost reductions to the housing development and that they are required to provide for affordable rents or affordable housing costs, as applicable. The financial report shall include the capital costs, operating expenses, return on investment, loan-to-value ratio and the debt coverage ratio including the contribution(s) provided by any applicable subsidy program(s);
b. An appraisal report indicating the value of the density bonus and of the incentive(s) or concession(s); and
c. A use of funds statement identifying the financial gaps for the housing development with the affordable housing units. The analysis shall show how the funding gap relates to the incentive(s) or concession(s); and
d. A deposit to cover any expenses that the City expects to incur in retaining consultant(s) and in administering consultant contract(s) to provide a peer review of the above information. However, if the applicant is a federally recognized nonprofit organization proposing a housing development where all units (except manager's unit(s)) are affordable to lower income households, the cost of consultant(s) may be paid by the City upon prior approval of the City Council;
9. For any requested waiver of a development standard, plans showing the existing development standard, the requested waiver and a demonstration that the development standard for which the waiver is requested will have the effect of physically precluding the construction of the housing development with the density bonus and incentives or concessions that the applicant is entitled to.
10. If a mixed use building or project is proposed as an incentive or concession, evidence that non-residential land uses will reduce the cost of the housing development and that the non-residential land uses are compatible with the development and the existing or planned development in the area.
11. If a parking reduction is proposed, a table showing parking otherwise required by the zoning ordinance and the proposed parking. If a parking reduction shown in Table 19.56.040C is requested, evidence that the housing development is eligible for the requested parking reduction.
12. Any other information requested by the Director of Community Development to determine if the required findings can be made. (Ord. 16-2149, § 8, 2016)