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(A) All calculations are rounded up for any fractional numeric value in determining the total number of units to be granted, including base density and bonus density, as well as the resulting number of affordable units needed for a given density bonus project.
(B) Projects qualifying for a density bonus under one or more income categories, or one or more types of housing (i.e., senior housing or housing intended to serve transitional foster youth, disabled veterans, homeless persons, or lower income students), must identify the categories under which the density bonus would be applied. Density bonuses from more than one category can be combined up to the maximum allowed under State Density Bonus law.
(C) Density bonus units are not included in determining the number of affordable units required to qualify a project for a density bonus.
(D) The applicant may elect to accept a lesser percentage of density bonus than the housing development is entitled to, or no density bonus, but no reduction will be permitted in the percentages of required affordable units contained in Cal. Gov’t Code § 65915(b), (c), and (f). Regardless of the number of affordable units, no project will be entitled to a density bonus of more than what is authorized under State Density Bonus Law.
(E) The number of incentives an applicant may request is provided by State Density Bonus Law.
(Ord. 902-C.S., passed 8-18-20)
(A) Density bonus applications for housing developments requiring discretionary review will be reviewed and acted upon by the highest review authority designated by the Zoning Code for any of the applications (e.g., a project requiring a use permit and applying for a density bonus will have both applications decided by the Planning Commission).
(B) The Director reviews and takes action on density bonus applications for housing developments requiring only ministerial review (e.g., a density bonus application for a housing development requiring only a building permit will be decided by the Director).
(Ord. 902-C.S., passed 8-18-20)
(A) To approve a density bonus application, the review authority must make the following written findings, based upon substantial evidence, as applicable:
(1) Density bonus.
(a) The proposed development provides the affordable units or senior housing required by State Density Bonus Law to be eligible for the density bonus and any incentives, parking reduction, or waivers requested, including the replacement of units rented or formerly rented to low- and very low-income households as required by Cal. Gov’t Code § 65915(c)(3).
(b) The proposed density bonus will result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Cal. Health and Safety Code § 50052.5, or for affordable rents, as defined in Cal. Health and Safety Code § 50053; or
(c) The proposed density bonus will not be contrary to state or federal law; and
(d) The proposed density bonus will not have a specific adverse impact on public health or safety, or the physical environment, or on any real property that is listed in the California Register of Historic Resources. For the purpose of this subsection, specific adverse impact means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date the application for the housing development was deemed complete.
(2) Incentive. Any requested incentive will result in identifiable and actual cost reductions to provide for affordable housing costs or rents, except that, if a mixed-use development is requested, the application must instead meet all of the requirements of Cal. Gov’t Code § 65915(k)(2).
(3) Waiver. The development standard for which a waiver is requested will have the effect of physically precluding the construction of a development at the densities or with the concessions or incentives permitted by Cal. Gov’t Code § 65915.
(4) Parking reduction. The housing development is eligible for any requested parking reductions under Cal. Gov’t Code § 65915(p).
(5) Donation of land. If the density bonus is based entirely, or in part, on the donation of land, all of the requirements included in Cal. Gov’t Code § 65915(g) have been met.
(6) Child care facility. If the density bonus or incentive is based on the inclusion of a child care facility, all of the requirements included in Cal. Gov’t Code § 65915(h) have been met.
(7) Condominium conversion. If the density bonus or incentive is based on the inclusion of affordable units as part of a condominium conversion, all of the requirements included in Cal. Gov’t Code § 65915.5 have been met.
(8) Commercial Development.
(a) The city has approved the partnered housing agreement; and
(b) The commercial development bonus has been mutually agreed upon by the city and the commercial developer; and
(c) All of the requirements included in Cal. Gov’t Code § 65915.7 have been met.
(Ord. 902-C.S., passed 8-18-20)
If any portion of § 155.344 conflicts with State Density Bonus Law (Cal. Gov’t Code §§ 65915 et seq.) or other applicable state law, state law shall supersede this section. Any ambiguities in this section shall be interpreted to be consistent with State Density Bonus Law.
(Ord. 951-C.S., passed 10-17-23)
ADMINISTRATIVE RESPONSIBILITIES
This § 155.404 describes city roles and responsibilities when administering the Zoning Code.
(Ord. 885-C.S., passed 5-21-19)
(A) Summary table. Table 404-1 summarizes city review and decision-making authority when processing permit applications and other requested approvals.
(B) Meaning of notations. Authority roles shown in Table 404-1 mean the following.
(1) “Recommend” means the authority reviews and makes a recommendation to a higher decision-making body.
(2) “Decision” means the authority may approve, conditionally approve or deny an application.
(3) “Appeal” means the authority hears an appeal of a decision by a lower review authority.
(4) “-” means the authority has no role in the action.
(C) Multiple permit applications. For projects that include multiple permits, see § 155.408.050 (Multiple Permit Applications).
(Ord. 885-C.S., passed 5-21-19)
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