The maximum allowable development density or intensity of development shall be as specified in the general plan and as specified in the zone district within which the proposed development is to be located. In determining the allowable number of dwelling units on a development parcel, all remainders of fifty one percent (51%) or greater shall be rounded to the next higher whole number.
(A) Affordable Housing And Qualifying Residents Projects:
1. Requirements: Granting of a discretionary density bonus or other equivalent financial incentive is governed by Government Code section 65915 when a developer of a residential project agrees to meet the following requirements:
(a) Construct at least twenty percent (20%) of the total units for lower income households, as defined in Health And Safety Code section 50079.5; or
(b) Construct at least ten percent (10%) of the total units for very low income households, as defined in Health And Safety Code section 50105; or
(c) Construct at least fifty percent (50%) of the total units for qualifying residents, as defined in Civil Code section 51.3; or
(d) Provide at least thirty percent (30%) of the total units within condominium conversions of apartments for low or moderate income households, as defined in Health And Safety Code section 50093; or
(e) Provide at least fifteen percent (15%) of the total units within condominium conversions of apartments for lower income households, as defined in Health And Safety Code section 50079.5.
2. Number Of Residential Units; Conditional Use Permit; Additional Provisions: A request for a discretionary density bonus and regulatory concessions or incentives shall apply to projects of five (5) or more residential units, shall require the approval of a conditional use permit, and shall be subject to the following provisions:
(a) Density bonus shall mean up to twenty five percent (25%) density increase over the maximum allowable base general plan land use density. In calculating the number of units which is equal to the required threshold as identified in subsections (A)1(a) through (A)1(e) of this section, the density bonus shall not be included in such calculation.
(b) The policies for achieving a density bonus shall be as follows:
(1) The city shall approve the density bonus and regulatory concessions and/or incentives only if the following findings can be made:
A. Affordable Housing:
i.The proposed project is consistent with the goals, policies and strategies of the general plan; and
ii.The proponent has demonstrated that the waiving or modifying of development standards is necessary to ensure the economic feasibility of the project; and
iii.The target units will be within the income level for those individuals for which the units are proposed to be developed.
B. Qualifying Residents:
i.The proposed project is consistent with the goals, policies and strategies of the general plan; and
ii.The proponent has demonstrated that the waiving or modifying of development standards is necessary to ensure the economic feasibility of the project; and
iii.A commitment has been submitted in writing by the developer guaranteeing that the facility or development will be used for qualifying residents.
3. Agreement: Concurrent with the processing of a conditional use permit for an affordable housing or qualifying residents project, the developer shall enter into an affordable housing or qualifying residents agreement for any target dwelling unit for which a bonus density regulatory concessions and/or incentives have been granted as follows:
(a) The agreement shall be for thirty (30) years or longer, as may be required for any construction or mortgage financing assistance program, mortgage insurance program, rental subsidy program or other similar programs, unless the city makes a written finding that an additional concession or incentive is not required in order to provide for affordable housing costs as defined in Health And Safety Code section 50052.5 or for rents or equivalent housing payment for the targeted units to be set as specified herein, in which case the agreement shall be for ten (10) years.
In the event that the city redevelopment agency provides any assistance, the agreement shall be as follows: 1) no less than the life of the land use restriction of the redevelopment plan; or 2) such other length of time as approved by the city redevelopment agency and/or the city. In any case, the provisions of Government Code section 65915 shall govern.
(b) Dwelling units targeted for lower income households, as defined in Health And Safety Code section 50079.5, shall be targeted at a rent or equivalent monthly housing payment not to exceed thirty percent (30%) of the eighty percent (80%) of Kern County median income as defined by HUD or the state.
(c) Dwelling units targeted for very low income households, as defined in Health And Safety Code section 50105, shall be targeted at a rent or equivalent monthly housing payment not to exceed thirty percent (30%) of fifty percent (50%) of Kern County median income as defined by HUD or state.
(d) The covenants, conditions and restrictions (CC&Rs) and the affordable housing or qualifying residents agreement shall specify the designated target units which shall be set aside for persons or households of affordable income levels or qualifying residents, and shall include a covenant that the developer or his/her successor in interest shall not sell, rent, lease, sublet, assign or otherwise transfer any interest of the same which no longer complies with the provisions of the CC&Rs and affordable housing agreement or qualifying residents agreement without the written approval of the city. An annual report shall be submitted by January 31 of each year to the planning director confirming that the rent or sales price, or age restrictions for qualifying residents of all target units for the previous calendar year, is within the income levels or meets the age restrictions as specified herein.
4. Concessions, Incentives: In addition to any density bonus provided for the project, the city shall provide at least one of the following concessions or incentives or provide other incentives of equivalent financial values based upon the land cost per dwelling unit to the developer, unless the city makes a finding satisfying the requirements of this section:
(a) A reduction in site development standards or a modification of zoning code requirements or architectural design requirements which exceed the minimum building standards approved by the state building standards commission as provided in part 2.5 (commencing with section 18901) of division 13 of the Health And Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required.
(b) Approval of mixed use zoning in conjunction with housing project if commercial, office, industrial or other land uses will reduce the cost of the housing development and if the commercial, office, industrial or other land uses are compatible with the housing project and the existing or planned development in the areas where the proposed housing project will be located.
(c) Other regulatory incentives or concessions proposed by the developer and/or city.
In the case of condominium conversions, the city need only grant a density bonus or other incentives of equivalent financial value. The city need not provide a cash transfer payment or other monetary compensation, but may include the reduction or waiver of requirements which the city may apply as conditions of approval.
5. Qualifying Residents:
(a) Residential occupancy shall be limited to single persons at least sixty two (62) years old, or to cohabiting couples of which one person is at least sixty two (62) years of age for projects less than one hundred fifty (150) units. Such age restriction may be reduced to fifty five (55) years old for projects greater than one hundred fifty (150) units.
(b) This subsection shall apply to both independent living and congregate care facilities as described below:
(1) Independent living: Facilities designed to accommodate independent lifestyles shall include individual rooms which, at a minimum, consists of a full bathroom, sleeping area, kitchen and parking garage.
(2) Congregate care facilities: Shall provide, at a minimum, a full bathroom, sleeping area, communal kitchen, dining area and recreational area appropriate for the number of residents.
6. Development Design And Facilities:
(a) Lighting: Adequate external lighting shall be provided for security purposes. The lighting shall be directed away from adjacent properties and public right of way.
(b) Laundry Facilities:
(1) Independent living: Washer and dryer hookups shall be provided in each dwelling unit or in an attached garage.
(2) Congregate care facilities: On site common laundry facilities, including installation of washer and dryers shall be provided and may include shared laundry rooms.
(c) Common Facilities: These may include one or more of the following facilities located on site for the specific use of the residents of the project, if approved by the planning agency:
(1) Beauty salon and barber shop.
(2) Small scale pharmacy.
(3) Private common transportation carrier, maintained and operated by the facility.
(4) Other similar facilities for the sole enjoyment of the residents.
(d) Minimum Unit Size: The minimum floor area for each residential unit shall be as follows: Notwithstanding the provisions of section 6-4-3, table 4.B of this title, regulating minimum dwelling unit size, the units provided shall be no less than four hundred fifteen (415) square feet in floor area for efficiency units, five hundred forty (540) square feet in floor area for one bedroom, and six hundred forty (640) square feet in floor area for two (2) bedrooms, or as otherwise approved by the approving authority.
(1) Open Space Requirements:
A.Private Open Space: Notwithstanding the provisions of subsection 6-4-4(D) of this title, each dwelling unit shall be provided with a usable private open space in the form of a patio or courtyard with a minimum area of one hundred (100) square feet and a minimum dimension of ten feet (10'), or a balcony of eighty (80) square feet and a minimum dimension of eight feet (8').
B.Common Open Space: Notwithstanding the provisions of subsection 6-4-4(C) of this title, two hundred twenty five (225) square feet of usable common open space per unit shall be provided within the boundaries of all projects. Usable open space shall constitute areas readily available, practical and generally acceptable for active and/or passive recreational uses. Up to forty percent (40%) of the required common open space may be provided in the form of a common leisure/recreation room.
(2) Parking Security: Parking facilities shall be designed to provide security for residents, guests, employees, shall be integrated into the architecture of the facility, and shall comply with the provisions of chapter 14 of this title.
(3) Transit Facilities:
A.A bus turnout and shelter along the street frontage may be required to be dedicated and constructed where the development occurs along an established or planned bus route.
B.In lieu of a bus turnout and shelter, the developer may provide a private, on site taxi or equivalent service.
(B) Additional Residential Conditions: The city may impose additional standards or conditions specific to the project and/or environmental mitigation measures related to the project.
(C) Qualifying Nonresidential Projects:
1. Granting Of A Floor Area Ratio Bonus: Granting of a floor area ratio bonus is governed by Government Code section 65917.5 when a developer of a commercial or industrial project agrees to meet the following requirements:
(a) The commercial or industrial project must consist of at least fifty thousand (50,000) square feet of floor area.
(b) The developer must agree to set aside at least two thousand (2,000) square feet of floor area and three thousand (3,000) outdoor square feet to be used for a childcare facility.
2. Requests For A Floor Area Ratio Density Bonus: Requests for a floor area ratio density bonus shall apply to commercial and industrial projects of fifty thousand (50,000) square feet or greater, shall require approval of a conditional use permit, and shall be subject to the following provisions:
(a) "Floor area ratio bonus" means a floor area ratio bonus over the otherwise maximum allowable density permitted under the applicable zoning and general plan requirements, including:
(1) A maximum of five (5) square feet of floor area for each one square foot of floor area contained in the childcare facilities for existing structures.
(2) A maximum of ten (10) square feet of floor area for each one square foot of floor area contained in the childcare facilities for new structures.
(3) Projects constructed under this section shall conform to height, setback, lot coverage, parking, site plan review, fees, charges and other health, safety and zoning requirements generally applicable construction in the zone in which the property is located, except as may be modified in this chapter.
(b) The daycare facility may be located either on site or off site as agreed upon by the developer and the city, and shall be of a size to comply with all state licensing requirements in order to accommodate a minimum of forty (40) children. A consortium with more than one developer may be used in order to achieve the threshold amount for the available floor area ratio density bonus and with each developer's bonus density prorated based on the percentage participation of each developer.
(c) The developer may either operate the daycare facility itself or may contract with a licensed childcare provider to operate the facility. In all cases, the developer must coordinate with a local childcare resource and referral network in order to qualify for the floor area ratio bonus.
(d) Once the childcare facility has been established, prior to any closure, change in use or reduction in the size of the facility, the city council shall find that the need for childcare is no longer present, or is not present to the same degree as it was at the time the daycare facility was developed.
3. Additional Nonresidential Conditions: The city may impose additional standards or conditions specific to the project and/or environmental mitigation measures related to the project. (Ord. 805-14, 7-1-2014)