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DIVISION 7. (RESERVED)
Editor’s note:
Division 7 was repealed by Ord. No. 2912, adopted December 20, 2016. Division 7 related to incentives to create affordable housing, and the sections thereunder were derived from Ord. Code §§ 36-7.14.136-7.14.4, 36-7-14.636-7.14.11, 36-7.14.13 and 36-7.14.14, and Ord. Nos. 2505, 2630, 2631, 2705 and 2789.
DIVISION 7A. DENSITY BONUS AND RELATED INCENTIVES AND CONCESSIONS PROGRAM
The purpose of this Division 7A is to meet the requirements set forth in Cal. Govt Code, Section 65915 et seq. (known as the State Density Bonus Law). If any provision of this Division 7A conflicts with State law, or provides more rights than are legally required by State law, the minimum requirements of State law shall control.
(Ord. No. 2912, 3035)
In addition to the definitions in Section 16-10, the following definitions apply to this division and shall control over any conflicting definitions in Section 16-10. State law definitions, as they may be amended from time to time, control over the definitions in this section. Where the definitions are provided by State law, the citation to the statute follows.
(A) AFFORDABLE HOUSING AGREEMENT - An agreement between the City of Oxnard and the developer pursuant to Section 16-410.19.
(B) AFFORDABLE HOUSING BENEFITS - One or more of the following:
(1) A density bonus pursuant to Section 16-410.8;
(2) An incentive pursuant to Section 16-410.12;
(3) A development standard waiver or modification pursuant to Section 16-410.15; and
(4) A parking standard modification pursuant to Section 16-410.16.
(C) AFFORDABLE HOUSING COST - The definition set forth in Cal. Health and Safety Code, Section 50052.5. (Cal. Gov't Code, Section 65915(c)(2))
(D) AFFORDABLE HOUSING DEVELOPER - The applicant or permittee of a qualified housing development and its assignees or successors in interest.
(E) AFFORDABLE RENT - The definition set forth in Cal. Health and Safety Code, Section 50053(b). (Cal Gov't Code, Section 65915(c)(1))
(F) AFFORDABLE UNIT - A residential dwelling unit that is guaranteed by the affordable housing developer to be rented or sold in accordance with the requirements of this division to one of the following:
(1) A lower income household (Cal. Health and Safety Code Section 50079.5); or
(2) A moderate income household within a for-sale development (Cal. Gov't Code, Section 65915(c)(1)-(c)(2))
(3) A student housing rental bed for a lower income student, and its pro rata share of associated common area facilities. (Cal. Gov't Code, Section 65915(b)(1)(F)(ii))
(G) APPROVAL AUTHORITY - The person or body within the city who is authorized to provide discretionary approval or ministerial approval of a housing development. If multiple persons or approval bodies are authorized to make one or more such approvals, then the person or body with the highest authority shall be deemed the approval authority.
(H) CHILDCARE FACILITY - A child day care facility other than a family day care home, including but not limited to infant centers, preschools, extended day care facilities, and school age childcare centers (Cal. Gov't Code, Section 65915(h)(4))
(I) CITY - The City of Oxnard or its designee.
(J) COMMON INTEREST DEVELOPMENT - Any of the following: a community apartment project, a condominium project, a planned development, or a stock cooperative pursuant to Cal. Civil Code, Section 4100. All common interest development units must be offered to the public for purchase (Cal. Gov't Code, Section 65915(b)(1)(D))
(K) CONDOMINIUM CONVERSION PROJECT - A residential project in which the applicant proposes to convert apartment units to condominiums pursuant to Cal. Gov't Code, Section 65915.5(a).
(L) DENSITY BONUS - Except as used in Section 16-410.20, Condominium Conversion Projects, a density increase over the otherwise maximum allowable residential density as of the date of application to the city for a qualified housing development. (Cal Gov't Code, Section 65915(f)). As used in Section 16-410.20, density bonus shall be defined as set forth in Section 16-410.2 (Cal. Gov't Code, Section 65915.5(b))
(M) DENSITY BONUS UNITS - Dwelling units granted pursuant to Cal. Gov't Code, Section 65915 which exceed the otherwise maximum allowable residential density.
(N) DEVELOPER - The applicant or permittee of a qualified housing development and its assignees or successors in interest.
(O) DEVELOPMENT STANDARD - A site or construction condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an on-site open-space requirement, or a parking ratio, that applies to a residential development pursuant to the zoning ordinance, the general plan, specific plan or other city condition, law, policy, resolution, or regulation (Cal. Gov't Code, Section 65915(o)(2))
(P) DOMESTIC PARTNER - The definition set forth in California Family Code Section 297. An individual is considered a domestic partner of the owner by presenting the Declaration of Domestic Partnership filed with the California Secretary of State (Cal. Family Code Section 297)
(Q) EQUITY SHARE AGREEMENT - An agreement between the City of Oxnard and the initial buyer of an affordable unit offered for sale pursuant to Section 16-410.19.
(R) HOUSEHOLD INCOME CATEGORY DEFINITIONS -
(1) ACUTELY LOW INCOME HOUSEHOLDS - Persons and families whose incomes do not exceed 15% of the area median income for the Ventura County Metropolitan Statistical Area adjusted for family size and revised annually, as defined in Cal. Health and Safety Code, Section 50063.5, as may be amended.
(2) EXTREMELY LOW INCOME HOUSEHOLDS - Persons and families whose incomes do not exceed 30% of the area median income for the Ventura County Metropolitan Statistical Area, adjusted for family size and revised annually, as defined in Cal. Health and Safety Code, Section 50106. as may be amended.
(3) VERY LOW INCOME HOUSEHOLD - Persons and families whose income does not exceed 50% of the Ventura County Metropolitan Statistical Area, adjusted for family size and revised annually, as defined in Cal. Health and Safety Code, Section 50105. (Cal. Gov't Code, Section 65915(b)(1)(B))
(4) LOW INCOME HOUSEHOLD - A household whose income does not exceed 80% of the Ventura County Metropolitan Statistical Area, adjusted for family size and revised annually, as defined in Cal. Health and Safety Code, Section 50079.5. (Cal. Gov't Code, Section 65915(b)(1)(A))
(5) LOWER INCOME HOUSEHOLDS - Includes acutely low income households, extremely low income households, very low income households, and low income households whose gross incomes are 80% or less of the area median income for the Ventura County Metropolitan Statistical Area, adjusted for family size and revised annually pursuant to Cal. Health and Safety Code Section 50079.5 and 50105, as may be amended.
(6) MODERATE INCOME HOUSEHOLD - Persons or families whose income does not exceed 120% of the Ventura County Metropolitan Statistical Area, adjusted for family size and revised annually, as defined in Cal. Health and Safety Code, Section 50093. (Cal. Gov't Code, Section 65915(b)(1)(D))
(S) HOUSING DEVELOPMENT - A development project of five or more residential units, including mixed-use developments. This also includes a subdivision or common interest development that is approved by the city and consists of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling where the result of the rehabilitation would be a net increase in available residential units. The residential units within a housing development shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels. (Cal. Gov't Code, Section 65915(i))
(T) HOUSING RELATED COST (PURCHASER) - The definition set forth in Cal. Code of Regulations Section 6920. Housing related cost is inclusive of mortgage loan payments, mortgage insurance payments, property taxes and assessments, homeowner association fees, reasonable utilities allowance, insurance premiums, maintenance costs, and space rent if the housing unit is situated on rented land.
(U) INCENTIVE - Incentives and concessions as that phrase is used in Cal. Gov't Code, Section 65915(k).
(V) MAJOR TRANSIT STOP - A site containing any of the following: (a) An existing rail or bus rapid transit station; or (b) The intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods, as defined in subdivision (b) of Sections 21155 and 21064.3 of the Public Resources Code. Located within one-half mile of a major transit stop means any point on a proposed development is within one-half mile of any point on the property on which a major transit stop is located, including any parking lot owned by the transit authority or other local agency operating the major transit stop. Unobstructed access to the major transit stop means a resident is able to access the major transit stop without encountering natural or constructed impediments. For purposes of this subparagraph natural or constructed impediments includes, but is not limited to, freeways, rivers, mountains, and bodies of water, but does not include residential structures, shopping centers, parking lots or rails used for transit (Cal. Gov't Code Sections 65915(o)(2), 65915(o)(4), and 65915(p)(2))
(W) MARKET-RATE UNIT - A dwelling unit that is not an affordable unit.
(X) MAXIMUM ALLOWABLE RESIDENTIAL DENSITY - The density allowed under the applicable zoning ordinance and the land use element of the general plan, or if a range of density is permitted, means the maximum allowable density for the specific zoning range and land use element of the general plan applicable to the project. Where the density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan, the general plan density shall prevail. (Cal. Gov't Code, Section 65915(o)(6))
(Y) MINIMUM AFFORDABLE HOUSING COMPONENT - A housing development which includes a minimum affordable housing as identified in Cal. Gov't Code, Section 65915(b).
(Z) OTHER INCENTIVES OF EQUIVALENT FINANCIAL VALUE - The reduction or waiver of requirements which the city might otherwise apply as conditions of condominium conversion approval, but shall not be construed to require the city to provide cash transfer payments or other monetary compensation. (Cal. Gov't Code, Section 65915.5(c))
(AA) QUALIFIED HOUSING DEVELOPMENT - A housing development that meets the requirements of Section 16-410.3 for density bonus.
(BB) QUALIFIED LAND - Land offered for donation in accordance with Section 16-410.11 that meets the criteria set forth in Section 16-410.11.
(CC) RENT - The definition set forth in Cal. Code of Regulations, Section 6918. Monthly rent shall be an average of estimated costs for the next 12 months. Rent is inclusive of the total of monthly payments for a rental or cooperative unit for:
(1) Use and occupancy of a housing unit and land and facilities associated therewith.
(2) Any separately charged fees or service charges assessed by the lessor which are required of all tenants, other than security deposits.
(3) A reasonable allowance for utilities not included in subsections (CC)(1) or (2) above, including garbage collection, sewer water, electricity, gas, and other heating, cooking and refrigeration fuels. Utilities does not include telephone service. Such an allowance shall take into consideration the cost of an adequate level of service.
(4) Possessory interest taxes, or other fees or charges assessed for use of the land and facilities associated therewith by a public or private entity other than the lessor.
(DD) SENIOR CITIZEN HOUSING DEVELOPMENT - A residential development as defined in Cal. Civil Code, Sections 51.3 and 51.12, or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Cal. Civil Code, Sections 798.76 or 799.5. (Cal. Gov't Code, Section 65915(b)(1)(C))
(EE) SENIOR CITIZEN HOUSING DEVELOPMENT UNIT - A residential dwelling unit within a senior citizen housing development that is available to, and occupied by, a senior citizen as defined in Cal. Civil Code, Section 51.3. (Cal. Gov't Code, Section 65915(b)(1)(C))
(FF) SPECIFIC, ADVERSE IMPACT - 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. Inconsistency with the zoning ordinance or general plan land use designation shall not constitute a specific, adverse impact upon the public health or safety. (Cal. Gov't Code, Section 65589.5(d)(2))
(GG) TOTAL UNITS AND TOTAL DWELLING UNITS - Consistent with Cal. Gov't Code Section 65915(o)(8), for the purpose of this division only, dwelling units other than density bonus units awarded pursuant to this division.
(HH) ZONING ORDINANCE - Chapter 16 and 17 of the City of Oxnard Municipal Code.
(Ord. No. 2912, 3002, 3035)
Density bonuses are available to affordable housing developers in accordance with this division for a development that will contain at least one of the following:
(A) Housing developments which include a minimum affordable housing component as identified in Cal. Gov't Code, Section 65915(b), pursuant to Section 16-410.8 and subsection (A);
(B) Senior citizen housing developments as identified in Cal. Gov't Code, Section 65915(b)(1)(C) and pursuant to Section 16-410;
(C) A housing development that includes a minimum housing component for transitional foster youth, disabled veterans, or homeless persons as identified in Cal. Gov't Code, Section 65915(b)(1)(E). The units described in this subparagraph shall be subject to a recorded affordability restriction of 55 years and shall be provided at the same affordability level as very low income units. (Cal. Gov't Code, Section 65915(b)(1)(E));
(D) Student housing developments as identified in Cal. Gov't Code, Section 65915(b)(1)(F) and subject to the requirements therein;
(E) Housing developments that includes 100% of all units in the development including total units and density bonus units, are for lower income households, exclusive of a manager's unit or units, and up to 20% of the units in the development may be affordable to moderate-income households (Cal. Gov't Code, Section 65915(b)(1)(G));
(F) Housing developments that include a minimum affordable housing component and a childcare facility, pursuant to Section 16-410.9;
(G) Land donations for very low income housing as identified in Cal. Gov't Code, Section 65915(g), pursuant to Section 16-410.11.
(H) For the purpose of calculating a density bonus, the residential units must be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels.
(I) Notwithstanding any language in this Division 7A to the contrary and consistent with the Second Appellate District case of Kalnel Gardens v. City of Los Angeles (2016) 3 Cal. App. 5th 927, within the coastal zone. Density bonuses shall not be available to affordable housing developers if the city finds that the proposed project cannot feasibly be accommodated on the site in a manner that is in conformity with the California Coastal Act.
(Ord. No. 2912, 3035)
When an applicant seeks a density bonus for a housing development that meets the criteria set out in Section 16-410.8 (Cal. Gov't Code, Section 65915) the affordable housing developer must comply with all of the following requirements:
(A) The applicant shall file an application for a density bonus permit in accordance with Sections 16-410.5 and 16-410.6 that includes a minimum affordable housing component, whether or not the project also requires or has been granted a special use permit or other permits or approvals. (Cal. Gov't Code, Section 65915(b)(1))
(B) State in the application the specific minimum affordable housing component proposed for the housing development. (Cal. Gov't Code, Section 65915(b)(2))
(C) Enter into an agreement with the city or its designee pursuant to Section 16-410.19 to maintain and enforce the affordable housing component of the housing development. (Cal. Gov't Code, Section 65915(c))
(Ord. No. 2912, 3035)
(A) The application for a density bonus permit shall include the following information:
(1) A description of the project, including the number of dwelling units, the number of affordable units and level of affordability, the total number of units in the development by number of bedrooms, and the location of the affordable units;
(3) For parking standard modification requests, that the requirements of Section 16-410.16 are met (Cal. Gov't Code, Section 65915(p));
(5) Any proposal for the waiver or reduction of development standards which waiver or reduction is required to allow the city to avoid physically precluding the construction of a development meeting the criteria of Cal. Gov't Code, Section 65915(b) at the densities or with the concessions or incentives permitted by the statute;
(6) The proposed method of ensuring the continued affordability of all low, very low rental units, or senior units, or childcare facilities, that qualified the applicant for the award of the density bonus for at least 55 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program, as required by Cal. Gov't Code, Section 65915(c)(1); and
(7) Other information reasonably requested by city staff needed to establish eligibility for a requested density bonus, incentives or concessions, or to demonstrate that the incentive meets the definition of identifiable and actual cost reductions to provide for affordable housing costs or affordable rents.
(B) For the application for a density bonus permit for the donation of qualified land pursuant to Section 16-410.11, the application must show the location of the qualified land in addition to including sufficient information to establish that each requirement of that section has been met. (Cal. Gov't Code, 65915(g)(2))
(C) The application for a density bonus permit for a housing development with a childcare facility that conforms to the requirements of Section 16-410.9 or Section 16-410.12. (Cal. Gov't Code, Section 65915(b)), shall show the location and square footage of the childcare facility in addition to including sufficient information on how the applicant proposes to regulate attendance at the childcare facility to conform to the requirements of Cal. Gov't Code, Section 65915(h)(2)(B).
(D) An application for a density bonus permit will not be processed until all of the provisions of this Division 7A are complied with and shall be processed concurrently with other required entitlements for which the affordable housing benefit is sought.
(E) Approval of a density bonus permit, incentives, concessions or waivers shall be made by the approval authority within the city that is authorized to approve the associated discretionary approval or ministerial approval for the underlying development permit for the housing development. The approval of the density bonus application is non-discretionary unless the city adopts written findings justifying the denial of the density bonus application. The approval authority's decision shall only be appealable if the permit is denied. An appeal shall be granted if the approval authority's decision does not include written findings or if the written findings do not justify the denial consistent with State or local law.
(Ord. No. 2912, 3002, 3035)
A proposal for a waiver or reduction of development standards shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to Cal. Gov t Code, Section 65915(e)(2).
(Ord. No. 2912, 3035)
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