Sec. 9-10.503.  Incentives, modifications or waivers.
   (a)   Basis for number of Incentives allowed. State law provides that when an applicant seeks a density bonus and requests specific incentives, the City shall grant incentives based on the percentage of units affordable to very low, lower, or moderate income households incorporated into a residential development. No incentives shall be granted by the City for senior citizen housing developments. The number of incentives granted shall be as follows:
   (1)   One (1) incentive for projects that include at least ten (10%) percent of the total units affordable to lower income households, at least five (5%) percent of the total units affordable to very low income households, or at least ten (10%) percent of the total units affordable to moderate income households in a common interest development.
   (2)   Two (2) incentives for projects that include at least twenty (20%) percent of the total units affordable to lower income households, at least ten (10%) percent of the total units affordable to very low income households, or at least twenty (20%) percent of the total units affordable to moderate income households in a common interest development.
   (3)   Three (3) incentives for projects that include at least thirty (30%) percent of the total units affordable to lower income households, at least fifteen (15%)  percent of the total units affordable to very low income households, or at least thirty (30%) percent of the total units affordable to moderate income households in a common interest development.
   The requirements to qualify for incentives are summarized in the following table:
 
Requirements to Qualify for Incentives
Income Category
Percentage of Units Needed to Qualify for Incentives
Very Low Income (rental)
5%
10%
15%
Lower Income (rental)
10%
20%
30%
 
 
Moderate Income (for-sale common interest development only)
10%
20%
30%
Allowable Number of Incentives(s)
1
2
3
 
   (b)   Permitted incentives. Any applicant requesting a density bonus shall be entitled to the following incentive(s) subject to the provisions of Section 9-10.503(a). The granting of any of the following incentives shall not in and of itself require the need for a General Plan Amendment, Change of Zone, or other legislative action.
   (1)   A ten (10%) percent  reduction in minimum property line setback requirements; each separate reduction request will count as one (1) incentive (e.g. front yard, side yard);
   (2)   A reduction from forty-five (45%) percent  to a minimum of forty (40%) percent in the common open space area standard contained in the space allocation formula of the RPD zone for medium density projects (four and one-half (4.5) to fifteen (15) units per net acre);
   (3)   A reduction from thirty-five (35%) percent to a minimum of thirty (30%) percent in the common open space area standard contained in the space allocation formula of the RPD zone for high density projects (fifteen (15) to thirty (30) units per net acre);
   (4)   An increase from thirty (30%) percent to a maximum of thirty-five (35%) percent in the maximum building coverage standard contained in the space allocation formula of the RPD zone applicable for medium density projects (four and one-half (4.5) to fifteen (15) units per net acre);
   (5)   An increase from thirty-five (35%) percent to forty (40%) percent in the maximum building coverage standard contained in the space allocation formula of the RPD zone applicable for high density projects (fifteen (15) to thirty (30) units per net acre);
   (6)   A reduction in the required private yard area for townhomes from four hundred (400) square feet to a minimum of three hundred (300) square feet;
   (7)   Allowable separation between buildings:
   (i)   For two (2) story to two (2) story buildings with more than two (2) units each a twenty (20’) foot minimum separation.
   (ii)   For two (2) story to two (2) story buildings each with two (2) units or less a fifteen (15’) foot minimum separation.
   (iii)   For one (1)  story to two (2) story buildings a fifteen (15’) foot minimum separation.
   (iv)   For one (1) story to one (1) story buildings a ten (10’) foot minimum separation.
   (8)   In for-sale units, driveway areas shall not be deducted from gross lot area for purposes of calculating maximum dwelling unit density;
   (9)   Parking Reduction as follows:
   (i)   Zero (0) to one (1) bedroom dwelling unit: One (1) onsite parking space.
   (ii)   Two (2) to three (3)  bedroom dwelling unit: two (2) onsite parking spaces.
   (iii)   Four (4) or more bedroom dwelling unit: two and one-half (2.5) onsite parking spaces.
   Onsite parking may include tandem and uncovered parking, but shall not include on-street parking.
   (c)   Modifications or waivers - An applicant for a Density Bonus may request modifications or waivers to development standards that would otherwise preclude development at the allowable density.  An applicant requesting a modification or waiver of a development standard shall demonstrate to the decision-making body that the request is necessary to allow development of the residential project at the allowable density.  The decision-making body shall grant a modification or waiver of a development standard unless it makes one of the findings contained in Section 9-10.507(c).  A request for a modification or waiver of a development standard does not increase or decrease the number of incentives enumerated in Section 9-10.503(b) to which the applicant is otherwise entitled.  The above requirements not withstanding, the City shall not grant a waiver or reduction of a development standard that would be contrary to state or federal law.
   (d)   City Financial Participation not Required. Nothing in this Section requires the City or other public agency to provide direct financial incentives for the residential development, such as but not limited to the provision of financial subsidies, publicly owned land, fee waivers, or waiver of dedication requirements. The City at its sole discretion may choose to provide such direct financial incentives. Any such incentives may require payment of prevailing wages by the residential development if required by State law.
(§ 1, Ord. 1506-NS,  eff. October 9, 2008, as amended by § 5, Ord. 1540-NS, eff. July 23, 2010)