18.15.050    Development Concessions and Incentives
This section includes provisions for providing concessions or incentives pursuant to Government Code Section 65915.
   (a)   By right parking incentives. Upon request by the applicant, a development that is eligible for a density bonus may provide parking as provided in this subsection (a), consistent with Government Code Section 65915(p), inclusive of parking for persons with a disability and guests:
      (i)   Zero to one bedroom unit: one on-site parking space;
      (ii)   Two to three bedroom unit: one and one-half on-site parking spaces;
      (iii)   Four or more bedroom unit: two and one-half parking spaces.
      If the total number of spaces required results in a fractional number, it shall be rounded up to the next whole number. For purposes of this subsection, this parking may be provided through tandem parking or uncovered parking, but not through on-street parking.
   (b)   Additional parking incentives for transit oriented project.
      (i)   For purposes of this subdivision, a development shall have unobstructed access to a major transit stop if a resident is able to access the major transit stop without encountering natural or constructed impediments. For purposes of this subdivision, "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.
         (A)   Notwithstanding subdivision (a) above, if a development includes at least twenty percent (20%) of low-income or at least eleven percent (11%) of very low income units provided for in section 18.15.030(a)(i) or (ii), and is located within one-half mile of a major transit stop, as defined in subdivision (o) of Section 65915 of the Government Code, and there is unobstructed access to the major transit stop from the development, then, upon request of the applicant, the city shall not impose a vehicular parking ratio, inclusive of parking for persons with a disability and guests, that exceeds 0.5 spaces per unit.
      (ii)   Notwithstanding subdivision (a) above, if a development consists solely of rental units, exclusive of a manager’s unit, with an affordable housing cost to lower income families, as provided in Section 50052.5 of the Health and Safety Code, then, upon the request of the applicant, the city shall not impose vehicular parking standards if the development meets one of the following criteria:
         (A)   The development is located within one-half mile of a major transit stop, as defined in subdivision (o) of Section 65915 of the Government Code, and there is unobstructed access to the major transit stop from the development, the ratio shall not exceed 0.5 spaces per unit.
         (B)   The development is a for-rent housing development for individuals who are 62 years of age or older that complies with Sections 51.2 and 51.3 of the Civil Code, and the development has either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day.
         (C)   The development is either a special needs housing development, as defined in Section 51312 of the Health and Safety Code, or a supportive housing development, as defined in Section 50675.14 of the Health and Safety Code. A development that is a special needs housing development must have either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day.
      (iii)   Notwithstanding paragraphs (b)(i), (b)(ii)(A), and (b)(ii)(B), the city may impose a higher vehicular parking ratio not to exceed the ratio described in subdivision (a) if the city has conducted an area wide or citywide parking study in compliance with Government Code Section 65915(p)(8).
   (c)   Other incentives and concessions. A development is eligible for other concessions or incentives as follows:
      (i)   One concession or incentive for a development that makes at least ten percent (10%) of the total dwelling units affordable to lower income households; or at least five percent (5%) of the total dwelling units affordable to very low income households; or at least ten percent (10%) of the total dwelling units affordable to moderate income households in a development in which the units are for sale; or at least twenty percent (20%) of the total units in a student housing development for low income students, as provided for in 18.15.030(c).
      (ii)   Two concessions or incentives for a development that makes at least seventeen percent (17%) of the total dwelling units affordable to lower income households; or at least ten percent (10%) of the total dwelling units affordable to very low income households; or at least twenty percent (20%) of the total dwelling units affordable to moderate income households in a development in which the units are for sale.
      (iii)   Three concessions or incentives for a development that makes at least twenty-four percent (24%) of the total dwelling units affordable to lower income households; or at least fifteen percent (15%) of the total dwelling units affordable to very low income households, or at least thirty percent (30%) of the total dwelling units affordable to moderate income households in a development in which the units are for sale.
      (iv)   Four concessions or incentives for a development that provides one hundred percent (100%) of the total units, exclusive of a manager's unit or units, are for lower income households, as described in Section 18.15.030, subdivision (d). Such development may additionally receive a height increase of three stories or thirty-three (33) feet.
      Table 2 summarizes the provisions of Concessions or Incentives described in subsection (a).
Table 2
Concessions and Incentives Summary Table
 
Target Group
Restricted Affordable Units
Very Low Income
5%
10%
15%
Lower Income
10%
17%
24%
Moderate Income (Applicable to For-Sale Units Only)
10%
20%
30%
Lower Income Student Housing
20%
---
---
Maximum Incentive(s)/Concession(s)
1
2
3
Notes:
1.   Concessions or incentives may be selected from only one category (very low, lower, moderate, low income student development)
2.   No concessions or incentives are available for land donation, or for senior citizen housing developments and qualifying mobilehome parks that do not contain restricted affordable units.
3.   In a student development, a “unit” is defined according to 18.15.030(c)(ii).
   (d)   In submitting a request for concessions or incentives, an applicant may request the specific concessions set forth below. The following concessions and incentives are deemed not to have a specific adverse impact as defined in Section 18.15.090 (b)(ii).
      (i)   Up to a 25% average reduction of a side yard setback requirement if the design is consistent with the applicable design standards and guidelines, unless adjacent to R-1, R-2, RMD and other low density residential zones;
      (ii)   Up to a 25% average reduction of the rear yard setback requirements so long as the setback is consistent with the applicable design standards and guidelines, unless adjacent to R-1, R-2, RMD and other low density residential zones;
      (iii)   A percentage increase in the height limit equal to the Density Bonus percentage for which the development is eligible if necessary to accommodate the restricted affordable units, with a maximum increase of one foot per affordable unit, unless adjacent to R-1, R-2, RMD and other low density residential zones, and no event to exceed fifty (50) feet;
      (iv)   An increase in the floor area ratio (FAR) up to 25% or up to the square footage of the restricted affordable units, whichever is less. Any FAR bonus under this section shall be consistent with the applicable height requirements and only apply to the residential portion of the mixed use project;
      (v)   Reduction in daylight plane requirements not to exceed 25% of the length of the adjacent lot line, so long as the intrusion is consistent with applicable design standards and guidelines, unless adjacent to R-1, R-2, RMD and other low density residential zones;
      (vi)   Up to fifty percent (50%) increase over the maximum site coverage requirement or up to the square footage of the restricted affordable units, whichever is less;
   (e)   The setbacks referenced in this section shall not include special setbacks as defined in Section 20.08.020.
   (f)   The setbacks referenced in this section shall only apply to the residential portion of any mixed use (residential and non-residential) development where it is feasible to setback portions of the development differently.
   (g)   Nothing in this chapter shall be construed to require the provision of direct financial concessions for the development, including the provision of publicly owned land by the city or the waiver of fees or dedication requirements.
(Ord. 5523 § 2 (part), 2021: Ord. 5373 § 13 (part), 2016; Ord. 5231 § 2 (part), 2014)