Sections:
16.20.010 Purpose.
16.20.020 Definitions.
16.20.030 Applicability.
16.20.040 Application Requirements.
16.20.050 Density Bonus.
16.20.060 Incentives.
16.20.070 Review Procedures.
16.20.080 Affordable Housing Agreement and Senior Housing Agreement.
16.20.090 Design and Quality.
16.20.100 Commercial Density Bonus.
16.20.110 Interpretation.
The public good is served when there exists in a city, housing which is appropriate for the needs of and affordable to the public who reside within that city. There is in the City of Murrieta a need for housing affordable to various groups, such as lower income, moderate income and senior citizen households. Therefore, it is in the public interest for the City to promote the construction of such additional housing through the exercise of its powers and utilization of its resources to facilitate the development of quality housing affordable for these types of households.
A. It is the purpose of this section to specify how compliance with Government Code §§ 65915, 65915.5, 65915.7, and 65917 ("State Density Bonus Law") will be implemented, as required by Government Code § 65915(a).
B. It is the purpose of this section to implement the goals, objectives and policies of the Housing Element of the City's General Plan.
C. It is the purpose of this section to provide the implementing framework, as it relates to affordable housing density bonuses, and offer concessions and incentives for eligible housing developments which are consistent with the City's long-standing commitment to provide for affordable housing.
(Ord. 549 § 2, 2019)
A housing development as defined in State Density Bonus Law shall be eligible for a density bonus and other regulatory incentives that are provided by State Density Bonus Law when the applicant seeks and agrees to provide low, very-low, senior or moderate income housing units or units intended to serve transitional foster youth, disabled veterans, homeless persons, and lower income students in the threshold amounts specified in State Density Bonus Law. A housing development includes only the residential component of a mixed use project. A commercial development as defined in subsection 16.20.100 shall be eligible for a commercial development bonus as provided in subsection 16.20.100.
The granting of a density bonus, incentive or concession, pursuant to this section, shall not be interpreted, in and of itself, to require a general plan amendment, development code amendment, zone change, other discretionary approval, or the waiver of a city ordinance or provisions of a city ordinance unrelated to development standards.
(Ord. 549 § 2, 2019)
A. Any applicant requesting a density bonus and any incentive(s), waiver(s), parking reductions, or commercial development bonus provided by State Density Bonus Law shall submit a density bonus report as described below concurrently with the filing of the planning application for the first discretionary permit required for the housing development, commercial development, or mixed-use development. The requests contained in the density bonus report shall be processed concurrently with the planning application. The applicant shall be informed whether the application is complete consistent with Government Code § 65943.
B. The density bonus report shall include the following minimum information:
1. Requested Density Bonus.
a. Summary table showing the maximum number of dwelling units permitted by the zoning and general plan excluding any density bonus units, proposed affordable units by income level, proposed bonus percentage, number of density bonus units proposed, total number of dwelling units proposed on the site, and resulting density in units per acre.
b. Summary table identifying the proposed on-site parking and how it is allocated within the scope of the project. The applicant shall consult with the provisions of Government Code § 65915.
c. A tentative map and/or preliminary 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 if applicable, the location of all major transit stop(s) as defined under Government Code § 65915, and/or fixed bus route(s) as described under Government Code § 65915 for a rental project for those sixty-two (62) or older, or a for a special needs housing development, or combination thereof.
d. The zoning and general plan designations and assessor’s parcel number(s) of the housing development site.
e. A description 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 currently rented, income and household size of all residents of currently occupied units, if known. If any dwelling units on the site were rented in the five-year period but are not currently rented, the income and household size of residents occupying dwelling units when the site contained the maximum number of dwelling units, if known.
f. Description of any 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.
g. If a density bonus is requested for a land donation, the location of the land to be dedicated, proof of site control, and reasonable documentation that each of the requirements included in Government Code § 65915(g) can be met.
2. Requested Concession(s) or Incentive(s).
In the event an application proposes concessions or incentives for a housing development pursuant to State Density Bonus Law, the density bonus report shall include the following minimum information for each incentive requested, shown on a site plan if appropriate:
a. The City's usual development standard and the requested development standard or regulatory incentive.
b. Except where mixed-use zoning is proposed as a concession or incentive, reasonable documentation to show that any requested incentive will result in identifiable and actual cost reductions to provide for affordable housing costs or rents.
c. If approval of mixed use zoning is proposed, reasonable documentation that nonresidential land uses will reduce the cost of the housing development, that the nonresidential 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, and that mixed use zoning will provide for affordable housing costs or rents.
3. Requested or Waiver(s).
In the event an application proposes waivers of development standards for a housing development pursuant to State Density Bonus Law, the density bonus report shall include the following minimum information for each waiver requested on each lot, shown on a site plan if appropriate:
a. The City's usual development standard and the requested development standard.
b. Reasonable documentation that the development standards 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 Government Code § 65915.
4. Requested Parking Reduction.
In the event an application proposes a parking reduction for a housing development pursuant to Government Code § 65915(p), a table showing parking required by the zoning regulations, parking proposed under § 65915(p), and reasonable documentation that the project is eligible for the requested parking reduction.
5. Child Care Facility.
If a density bonus or incentive is requested for a child care facility in a housing development, reasonable documentation that all of the requirements included in Government Code § 65915(h) can be met.
6. Condominium Conversion.
If a density bonus or incentive is requested for a condominium conversion, reasonable documentation that all of the requirements included in Government Code Section 65915.5 can be met.
7. Commercial Development Bonus.
If a commercial development bonus is requested for a commercial development, the application shall include the proposed partnered housing agreement and the proposed commercial development bonus, as defined in subsection 16.20.100, and reasonable documentation that each of the standards included in subparagraph 16.20.100.C has been met.
8. Fee.
Payment of any fee in an amount set by resolution of the City Council for staff time necessary to determine compliance of the Density Bonus Plan with State Density Bonus Law.
(Ord. 574-22, Exhibit B-3 (part), 2022; Ord. 549 § 2, 2019)
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.
A. If a housing development qualifies for a density bonus under more than one income category, or additionally as senior housing or as housing intended to serve transitional foster youth, disabled veterans, homeless persons, or lower income students, the applicant shall identify the categories under which the density bonus would be associated with and granted to. Density bonuses from more than one category can be combined up to maximum allowed under State Density Bonus law.
B. The density bonus units shall not be included in determining the number of affordable units required to qualify a housing development for a density bonus pursuant to State Density Bonus Law.
C. 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 Government Code § 65915(b), (c), and (f). Regardless of the number of affordable units, no housing development shall be entitled to a density bonus of more than what is authorized under State Density Bonus Law.
(Ord. 549 § 2, 2019)
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