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(A) Criteria - For a density bonus to be granted pursuant to Section 16-410.9(B) for housing development with a minimum affordable housing component and a childcare facility, all of the following must be satisfied:
(1) Compliance with one of the minimum eligibility requirements identified in Cal. Gov't Code, Section 65915(b).
(2) The housing development must include a childcare facility that will be located on the premises of, as part of, or adjacent to, the housing development. (Cal. Gov't Code, Section 65915(h)(1))
(3) Approval of the housing development must be conditioned to ensure that both of the following occur:
(a) The childcare facility must remain in operation for a period of time that is as long as or longer than the period of time during which the affordable units are required to remain affordable pursuant to Section 16-410.19 (Cal. Gov't Code, Section 65915(h)(2)(A)).
(b) Of the children who attend the childcare facility, the children of very low income households, low income households, or moderate income households must equal a percentage that is equal to or greater than the percentage of dwelling units that are required under the respective minimum affordable housing component income category for which the density bonus is sought. (Cal. Gov't Code, Section 65915(h)(2)(B))
(4) The city has not made a finding based upon substantial evidence that the community has adequate childcare facilities. (Cal. Gov't Code, Section 65915(h)(3))
(B) Density bonus allowance - If the requirements of Section 16-410.9(A) are met, then an applicant for a housing development with an affordable housing component and childcare facility is entitled to:
(1) An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the childcare facility. (Cal. Gov't Code, Section 65915(h)(1)(A))
(2) An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the childcare facility. (Cal. Gov't Code, Section 65915(h)(1)(B))
(Ord. No. 2912, 3035)
(A) An applicant for a senior citizen housing development 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 is entitled to a density bonus for the number of senior citizen housing development units as identified in Cal. Gov't Code. Section 65915(f)(3)(A). (Cal. Gov't Code, Sections 65915(b)(1)(C) and 65915(f)(3)(A))
(B) To qualify as a senior unit, at least 35 senior citizen housing development units are maintained and available for rent or sale to senior citizens as defined in Cal. Civil Code, Section 51.3.
(Ord. No. 2912, 3035)
For a density bonus for a qualified land donation to be granted, all of the requirements of State law, as it may be amended from time to time, shall be met. See Cal. Gov't Code, Section 65915(g). For qualifying donations, the city shall award a density bonus as identified in Cal. Gov't Code, Section 65915(g)(1) in addition to any density bonus earned pursuant to this division, but in no event shall the total density bonus from all sources exceed 50%. (Cal. Gov't Code, Section 65915(g)(2))
(Ord. No. 2912, 3035)
(A) The applicant for an incentive may also be an applicant for a density bonus and must qualify for a density bonus pursuant to Section 16-410.3 (Cal. Gov't Code, Section 65915(d)(1))
(B) A specific written proposal for an incentive(s) must be submitted with the application for density bonus in accordance with Section 16-410.6 (Cal. Gov't Code, Sections 65915(b)(1) and (d)(1)). The applicant's proposal may subsequently be amended or supplemented based on project design or other changes requested by the city; provided, however, that the city shall have additional time to review the requested changes.
(C) If an incentive(s) pursuant to Sections 16-410.12 and 16-410.13 is sought, the applicant must establish that each requested incentive would result in identifiable and actual cost reductions for the qualified housing development or for rents for the qualified affordable dwelling units. (Cal. Gov't Code, Sections 65915(k)(1) and (3))
(D) If an incentive(s) for mixed-use zoning in conjunction with a housing project is sought, the applicant must establish that requirements of State law are met. (Cal. Gov't Code, Section 65915(k)(2))
(E) If an additional incentive for a childcare facility is sought pursuant to Section 16-410.13(D), the applicant must establish that requirements of that section are met.
(F) The granting of an incentive shall not be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, study or other discretionary approval. (Cal. Gov't Code, Section 65915(j)) An incentive is applicable only to the project for which it is granted. For purposes of this subsection (F), study does not include reasonable documentation to establish eligibility for the incentive or to demonstrate that the incentive meets the definition of identifiable and actual cost reductions to provide for affordable housing costs or affordable rents.
(Ord. No. 2912, 3035)
(A) One incentive for qualified housing development projects that include at least 10% of the total units for low income households, at least 5% for very low income households, or at least 10% for persons and families of moderate income households in a development in which the units are for sale.
(Cal. Gov't Code, Section 65915(d)(2)(A))
(B) Two incentives for qualified housing development projects that include at least 17% of the total units for low income households, at least 10% for very low income households, or at least 20% for persons and families of moderate income households in a development in which the units are for sale. (Cal. Gov't Code, Section 65915(d)(2)(B))
(C) Three incentives for qualified housing development projects that include at least 24% of the total units for low income households, at least 15% for very low income households, or at least 30% for persons and families of moderate income households in a development in which the units are for sale. (Cal. Gov't Code, Section 65915(d)(2)(C))
(D) Four incentives or concessions for a project that include 100% of total units and density bonus units excluding manager's units, that affordable to lower income households, as identified in Cal. Gov't Code Section 65915(b)(1)(G). If the project is located within one-half mile of a major transit stop, the applicant shall also receive a height increase of up to three additional stories, or 33 feet. (Cal. Gov't Code, Section 65915(d)(2)(D))
(E) One incentive for projects that include at least 20% of the total units for lower income students in a student housing development. (Cal. Gov't Code, Section 65915(d)(2)(E))
(F) Subject to Section 16-410.14(D), a qualified housing development proposal that includes a childcare facility shall be granted an additional incentive that contributes significantly to the economic feasibility of the construction of the childcare facility. (Cal. Gov't Code, Section 65915(h)(1)(B))
Income Category | Minimum % of Affordable Units | |||
Very low income | 5% | 10% | 15% | 100% |
Low income | 10% | 17% | 24% | 100%* |
For-sale development (moderate income) | 10% | 20% | 30% | NA |
Incentives allowed | 1 | 2 | 3 | 4 |
*Per Cal. Gov t Code 65915(b)(1)(G), 100% of all units in the development, including total units and density bonus units, but exclusive of a manager's unit or units, are for lower income households, as defined by Section 50079.5 of the Health and Safety Code, except that up to 20% of the units in the development, including total units and density bonus units may be for moderate-income households as defined in Section 50053 of the Health and Safety Code. | ||||
(Ord. No. 2912, 3035)
Outside of the coastal zone and except as otherwise provided in this Division 7A or by State law, if the requirements of Section 16-410.12(A) are met, the city shall grant the incentive(s) that are authorized by Sections 16-410.12(B) and 16-410.13 unless a written finding, based upon substantial evidence, is made with respect to any of the following, in which case the city may refuse to grant the incentive(s):
(A) The incentive does not result in identifiable and actual cost reductions, consistent with Cal. Gov't Code, Section 65915(k), to provide for affordable housing costs or for rents for the targeted units to be set as specified in Cal. Gov't Code, Section 65915(k). (Cal. Gov't Code, Section 65915(d)(1)(A))
(B) The incentive would have a specific, adverse impact, as defined in Cal. Gov't Code, Section 65589.5(d)(2), upon the public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low- and moderate-income households. (Cal. Gov't Code, Sections 65915(d)(1)(B) and 65915(d)(3))
(C) The incentive would be contrary to State or federal law. (Cal. Gov't Code, Section 65915(d)(1)(C))
(D) The city finds, based upon substantial evidence, that the community has adequate childcare facilities, in which case the additional incentive for a childcare facility pursuant to Section 16-410.13(D) may be denied. (Cal. Gov't Code, Section 65915(h)(3))
(E) Within the coastal zone, the city shall deny applications for incentives and/or density bonuses if the city finds that the proposed project - with the requested incentive(s), density bonus(es) and/or waiver of development standard(s) - cannot feasibly be accommodated on the site in a manner that is in conformity with the California Coastal Act.
(Ord. No. 2912, 3035)
Requirements for waiver or modification of development standards:
(A) Application - To qualify for a waiver or reduction of one or more development standards, the applicant must submit a written application (together with an application for a qualified housing development) that states the specific development standard(s) sought to be modified or waived and the basis of the request. (Cal. Gov't Code, Section 65915(e)(1)) An applicant for a waiver or modification of development standard(s) pursuant to this section may request a meeting with the director to review the proposal. If requested, the director shall meet with the applicant. (Cal. Gov't Code, Section 65915(e)(1)). An application for the waiver or reduction of development standard(s) pursuant to this section shall neither reduce nor increase the number of incentives to which the applicant is entitled pursuant to Section 16-410.12. (Cal. Gov't Code, Section 65915(e)(2))
(B) To deny the requested waiver or reduction of development standard(s) outside of the coastal zone, the city shall make a written finding, based upon substantial evidence, of any of the following:
(1) The requested waiver or reduction of development standard(s) would have a specific adverse impact (as defined in Cal. Gov't Code, Section 65589.5(d)(2)) upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to very low, low-income, and moderate-income households.
(2) The requested waiver or reduction of development standard(s) would be contrary to State or federal law.
(C) Within the coastal zone, the city shall deny the requested waiver or reduction of development standard(s) if it finds that the requested waiver or reduction of development standard(s) cannot feasibly be accommodated on the site in a manner that is in conformity with the California Coastal Act.
(D) Granting application for waiver or modification of development standards - If the requirements of Sections 16-410.15(A) and (B) are satisfied, the application for waiver or modification of development standard(s) shall be granted, unless, within the coastal zone, the waiver or modification of development standard(s) cannot feasibly be accommodated on the site in a manner that is in conformity with the California Coastal Act.
(E) If the requirements of Sections 16-410.15(A) and (B) are satisfied, the city shall not apply a development standard that will have the effect of physically precluding the construction of a qualified housing development at the densities or with the incentives permitted by this Division 7A (Cal. Gov't Code, Section 65915(e)(1)) unless, within the coastal zone, the waiver or modification of development standard(s) cannot feasibly be accommodated on the site in a manner that is in conformity with the California Coastal Act.
(Ord. No. 2912, 3035)
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