(A) The application for a density bonus and/or concessions shall be processed concurrently with the underlying land use permit and entitlement application and in accordance with the procedures set forth in this chapter. In addition to any other applicable application requirements, the application shall be completed on a form supplied by the Planning Department.
(B) Review authority. A request for density bonus or incentive shall be reviewed concurrently with and by the same review authority as the underlying application for land use permits and entitlements.
(C) Affordable unit requirement. Projects subject to this chapter shall permanently set aside the following number of units as affordable to and reserved for very low, low, and moderate-income households as determined by eligibility requirements and a rental and sales price schedule established annually by Council resolution. Unless otherwise noted, such "inclusionary” units provided shall be of comparable size and finish quality to the non-inclusionary units.
(1) Multi-family projects of ten or fewer units: one affordable unit.
(2) Projects of 11 units or more: 20% of the unit count.
(3) For mixed-use projects, applicants are permitted to choose their residential base unit count, provided it complies with the applicable FAR or density limitations and any size limitations for habitable units in the Building Code (and all other applicable standards that could limit the size or number of units).
(D) Common interest development conversions. If the existing residential units to be converted to a common interest development include rental inclusionary housing units, the inclusionary units shall be sold as ownership affordable units, or upon approval from the city can be retained as affordable rental units.
(1) If the city authorizes the affordable rental units to be retained, the owners shall record a covenant guaranteeing the affordability of the rental units and waiving certain rights granted by state law (Cal. Gov't Code § 7060 et seq.) for the life of the project.
(2) If the units are to be sold to targeted income groups, the owners shall record a covenant restricting future sales prices to levels affordable to the targeted income group.
(E) Affordable unit size, type, and location.
(1) Inclusionary and density bonus units shall have the same number and type of appliances as non-inclusionary units. The exterior of inclusionary units shall be of the same appearance, finished quality and materials as the non-inclusionary units and shall be indistinguishable from the non-inclusionary units.
(2) Inclusionary and density bonus units shall be reasonably dispersed throughout the project, shall contain on average the same number of bedrooms as the non-inclusionary units in the project, and shall be comparable with the non-inclusionary units in terms of appearance, finished quality, and materials as approved by the review authority.
(3) While the intent is for inclusionary and density bonus units to be dispersed throughout the project as much as possible, inclusionary units may be clustered within a building if the review authority, or City Manager as a minor administrative modification of an approved development, determines that such clustering results in the creation of more affordable units than would otherwise be provided, or provides a documented public benefit, or due to circumstances unique to the project size, location or design otherwise better serves the affordable housing needs of the city.
(F) When only one affordable dwelling unit is constructed, it may be allocated for a very low, low, or moderate-income household. When two or more affordable units are constructed, the units shall be allocated alternately with the first unit allocated for a low or very low-income household and the second allocated for a moderate-income household, alternating between low or very low, and moderate-income until all units are assigned a level of affordability.
(Ord. 2021-03, passed 12-7-2021)