(A) Preliminary review. A developer requesting additional density above the minimum density allowed for the site shall submit an application for preliminary review, accompanied by the required application fee, for feedback prior to the submittal of any formal requests for approval of additional density. The purpose of the preliminary review is to determine whether the proposed development is in substantial compliance with applicable zoning regulations and objective development standards and to establish the basis and procedures for granting the additional density. The following information is required to be submitted for preliminary review in the form of a proposed affordable housing plan:
(1) Evidence that the project includes the qualifying percentages of affordable units set forth in § 17.126.020(A) to justify the additional density requested;
(2) Calculations showing the minimum density and the density with the additional units proposed;
(3) Number and percentage of total units that are proposed to meet affordability criteria and the income level to which the units will be restricted; and
(4) A description of any proposed waivers or reductions of development standards or other zoning requirements, consistent with the provisions of Cal. Gov't Code § 65915(k).
(B) Design review required. All residential development or mixed use development with residential units in an WHO zone is subject to design review by the Planning Commission unless a project qualifies for ministerial review under Chapter 17.026; see division (C) below. The purpose of this design review procedure shall be to determine compliance with the town's objective design standards.
(1) Additional findings required for design approval. The Planning Commission shall grant approval if it determines the project complies with the design criteria of § 17.020.040 and the following additional findings:
(a) The proposed development meets the affordability criteria for the requested density in accordance with the requirements of § 17.126.020(A); and
(b) The increased density would not have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of § 65589.5 of the Cal. Gov't Code, upon public health and safety or the physical environment or on any real property listed in the California Register of Historic Resources.
(2) Conditions of approval. In granting a design approval, the Planning Commission has the authority to impose reasonable conditions that are related and proportionate to what is being requested by the applicant, as deemed necessary and appropriate to ensure that the provisions of the General Plan, any applicable specific plan adopted by the Town Council, and this title are met, including requirements for needed off-site public improvements. The Commission may require reasonable guarantees and evidence that such conditions are being, or will be, met.
(C) Streamlined ministerial review. An applicant that qualifies for streamlined ministerial review under Cal Gov. Code § 65912.122 or other provisions of state law may request such review. Procedures for streamlined ministerial approvals are in Chapter 17.026. The additional Planning Commission findings listed above are not required.
(D) Required affordable housing agreement for continued affordability and deed recorded restriction. Prior to the issuance of a building permit for any residential or mixed use development project with affordable housing units in an WHO zone, the applicant shall enter into a written agreement with the town ensuring the continued affordability of the affordable dwelling units for a period of not less than 55 years or as long as the property is in residential use, whichever is greater, for rental units and 55 years for for-sale units. The terms and conditions of the agreement shall be binding upon the successor in interest of the developer and shall be recorded as a deed restriction or covenant in the office of the Marin County Assessor-Recorder-County Clerk and shall run with the land. The agreement shall be executed by the Town Manager, be in a form acceptable to the Town Attorney, and include provisions for the following:
(1) The number and proportion of housing units affordable to moderate-income, low-income, and very-low income households by type, their location, and the number of bedrooms in each one;
(2) Standards for maximum qualifying household incomes and maximum rents or sale prices;
(3) Minimum home buyer payments and sources of funds for them:
(4) The party responsible for certifying rents and sales prices of affordable housing units and reporting this information to the town;
(5) The process that will be used to certify incomes of tenants or purchasers of the affordable housing units;
(6) The manner in which vacancies will be marketed and filled, including the screening and qualifying of prospective renters and purchasers of the affordable units;
(7) Deed restrictions on the affordable housing units binding on property upon sale or transfer and any subsequent sale or transfer;
(8) Enforcement mechanisms to ensure that the affordable rental units are continuously occupied by eligible households and are not rented, leased, sublet, assigned, or otherwise transferred to non-eligible households, with reasonable allowances for inherited units and units initially occupied by very low income individuals who incomes may increase to a low income level; and
(9) Project phasing, including the timing of completions, and rental or sale of the affordable housing units, in relation to the timing of the market-rate units.
(Ord. 887, passed 2-7-2024)