HomeMy WebLinkAboutOrdinance - 2423 - Amend Title 18
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SUMMARY OF
CITY OF REDDING
ORDINANCE NO. 2423
The following is a Summary Report of the City of Redding's Ordinance No. 2423, an
ordinance of the City Council of the City of Redding, amending Redding Municipal Code Title 18,
by repealing Section 18.31.060, Density Bonus, and adding a new Chapter 18.26, Residential
Density Bonus.
The proposed ordinance was introduced and read by the Redding City Council on November
18, 2008, and will be considered for adoption at its next regular meeting.
SUMMARY BY CODE SECTION
RESIDENTIAL DENSITY BONUS
BACKGROUND
The following summarizes the provisions ofthe Residential Density Bonus Ordinance.
SECTIONS
18.26.010 Purpose and Objectives
This section establishes the purpose and objectives of the ordinance by noting that the ordinance is
enacted in accordance with state of California requirements for the following purposes:
1. Establishing procedures for allowing an increase in density above the maximum otherwise
allowed by the zoning of a property in exchange for providing housing for very low-income and
low-income households.
2. Providing flexibility in applying zoning regulations for affordable housing projects.
3. Providing incentives to encourage the inclusion of affordable housing within residential
projects.
4. Implementing various goals and polices of the General Plan Housing Element.
18.26.020 Incorporation of State Regulations
Cites the provisions of the State Government Code Sections 65915-65918, which require local
governments to implement state density bonus law.
18.26.030 Definitions
Establishes the meaning of various words and terms used in the ordinance.
18.26.040 Eligibility for Density Bonus
Establishes that proposed developments are eligible to receive a density bonus (i.e., additional
residential units) and one or more incentives in exchange for the construction and maintenance of
housing for very low-income and low-income households consistent with state law.
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18.26.050 Application Requirements
Establishes the application-submittal requirements, including providing a site plan and the
identification of and justification for any requested density bonus. This section also establishes
requirements to provide financial justification for requested incentives.
18.26.060 Density Bonus Allowance
Reiterates the amount of density bonus units allowed by state law for various types of housing
projects and the mix of market rate and affordable units. Notes that the City, at its sole discretion,
may grant a density bonus greater than required by state law or may grant a lower density bonus for
developments that do not meet the requirements of the ordinance.
18.26.070 Incentives and WaiverlModification of Development Standards
Lists the number of development incentives available to a developer of a housing project that
includes units affordable to lower-income households based on state law. Provides a list of the types
of incentives available, including, but not limited to, reduced minimum lot sizes and building
setbacks.
18.26.080 Child Care Facilities
References the section of the Govermnent Code that establishes the density bonus provisions for
projects that provide child-care facilities.
18.26.090 Donation of Land
References the section of the Govermnent Code that establishes the density bonus provisions for
projects that donate land for an affordable housing project.
18.26.100 General Development Criteria
Requires that the affordable units be constructed concurrently with the non-restricted units and that
the affordable units have the same bedroom mix and exterior design and appearance of the market
rate units.
18.26.110 Findings
This section provides the findings that the City must make to approve a density bonus project,
including consistency with the ordinance and state law.
18.26.120 Affordable Housing Agreement
Requires that an agreement between the project developer and the City be recorded that guarantees
that dwellings remain affordable to very low-income and low-income households for a period, in
most instances, of30 years.
18.26.130 Administrative Fee
Establishes that the City Council may adopt a fee to recover the costs of administering and enforcing
the provisions of the ordinance.
18.26.140 Violation of Affordable Housing Cost Requirements
Provides a mechanism to recover a portion of rents or sales prices that may be charged that are in
excess of those allowed under the ordinance.
DATED: November 25, 2008
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SUMMARY OF
CITY OF REDDING
ORDINANCE NO. 2423
The following is a Summary Report of the City of Redding's Ordinance No. 2423, an
ordinance ofthe City Council ofthe City of Redding, amending Redding Municipal Code Title 18,
by repealing Section 18.31.060, Density Bonus, and adding a new Chapter 18.26, Residential
Density Bonus.
SUMMARY BY CODE SECTION
RESIDENTIAL DENSITY BONUS
BACKGROUND
The following summarizes the provisions of the Residential Density Bonus Ordinance.
SECTIONS
18.26.010 Purpose and Objectives
This section establishes the purpose and objectives of the ordinance by noting that the ordinance is
enacted in accordance with state of California requirements for the following purposes:
1. Establishing procedures for allowing an increase in density above the maximum otherwise
allowed by the zoning of a property in exchange for providing housing for very low-income and
low-income households.
2. Providing flexibility in applying zoning regulations for affordable housing projects.
3. Providing incentives to encourage the inclusion of affordable housing within residential
projects.
4. Implementing various goals and polices of the General Plan Housing Element.
18.26.020 Incorporation of State Regulations
Cites the provisions of the State Government Code Sections 65915-65918, which require local
governments to implement state density bonus law.
18.26.030 Definitions
Establishes the meaning of various words and terms used in the ordinance.
18.26.040 Eligibility for Density Bonus
Establishes that proposed developments are eligible to receive a density bonus (i.e., additional
residential units) and one or more incentives in exchange for the construction and maintenance of
housing for very low-income and low-income households consistent with state law.
18.26.050 Application Requirements
Establishes the application-submittal requirements, including providing a site plan and the
identification of and justification for any requested density bonus. This section also establishes
requirements to provide financial justification for requested incentives.
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18.26.060 Density Bonus Allowance
Reiterates the amount of density bonus units allowed by state law for various types of housing
projects and the mix of market rate and affordable units. Notes that the City, at its sole discretion,
may grant a density bonus greater than required by state law or may grant a lower density bonus for
developments that do not meet the requirements of the ordinance.
18.26.070 Incentives and Waiver/Modification of Development Standards
Lists the number of development incentives available to a developer of a housing project that
includes units affordable to lower-income households based on state law. Provides a list of the types
of incentives available, including, but not limited to, reduced minimum lot sizes and building
setbacks.
18.26.080 Child Care Facilities
References the section of the Government Code that establishes the density bonus provisions for
projects that provide child-care facilities.
18.26.090 Donation of Land
References the section of the Government Code that establishes the density bonus provisions for
projects that donate land for an affordable housing project.
18.26.100 General Development Criteria
Requires that the affordable units be constructed concurrently with the non-restricted units and that
the affordable units have the same bedroom mix and exterior design and appearance of the market
rate units.
18.26.110 Findings
This section provides the findings that the City must make to approve a density bonus project,
including consistency with the ordinance and state law.
18.26.120 Affordable Housing Agreement
Requires that an agreement between the project developer and the City be recorded that guarantees
that dwellings remain affordable to very low-income and low-income households for a period, in
most instances, of 30 years.
18.26.130 Administrative Fee
Establishes that the City Council may adopt a fee to recover the costs of administering and enforcing
the provisions of the ordinance.
18.26.140 Violation of Affordable Housing Cost Requirements
Provides a mechanism to recover a portion of rents or sales prices that may be charged that are in
excess of those allowed under the ordinance.
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Ordinance No. 2423 was introduced and read at the regular meeting of the City Council of the
City of Redding on the 18th day of November, 2008, and was duly read and adopted on the 2nd day
of December, 2008, at a regular meeting of the City Council by the following vote:
Ayes:
Noes:
Absent:
Abstain:
Council Members: Dickerson, Jones, McArthur, Stegall, and Bosetti
Council Members: None
Council Members: None
Council Members: None
A complete copy of Ordinance No. 2423 is on file and available for review in the Office of the
City Clerk.
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ORDINANCE NO. 2423
AN ORDINANCE OF THE CITY OF REDDING AMENDING TITLE 18
(ZONING) BY REPEALING SECTION 18.31.060 (DENSITY BONUS) OF
CHAPTER 18.31 AND ADDING CHAPTER 18.26 RESIDENTIAL DENSITY
BONUS SECTIONS 18.26.010 THROUGH 18.26.140 AND BY ADOPTING AN
ADDENDUM TO THE MITIGATED NEGATIVE DECLARATION PREPARED
FOR THE ZONING CODE ALL RELATING TO IMPLEMENTING STATE
DENSITY BONUS LAW
WHEREAS, the Planning Commission held a duly noticed public hearing to consider
proposed amendments to the Redding Municipal Code Title 18, Zoning Ordinance, pertaining to
implementing state density bonus laws on October 28,2008, and recommended that the City Council
adopt an addendum to the Zoning Ordinance mitigated negative declaration and said amendments;
and
WHEREAS, the City Council held a duly noticed public hearing on this date, prior to the first
reading of this ordinance; and
WHEREAS, the addendum to the mitigated negative declaration (MND) prepared for the
amendments to Redding Municipal Code Title 18 is appropriate, since there is no substantial
evidence in light of the whole record before the City of Redding that the proposed amendments will
have a significant effect on the environment not addressed by the MND;
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY
OF REDDING DOES ORDAIN AS FOLLOWS:
Section 1. The City Council hereby adopts the Addendum to the Mitigated Negative
Declaration prepared for the amendments to portions of Redding Municipal Code Title 18, Zoning
Ordinance pertaining to implementing state density bonus law.
Section 2. Title 18 (Zoning), Chapter 18.31 (Residential Districts), Section 18.31.060
(Density Bonus) is hereby repealed in its entirety.
Section 3. Title 18 (Zoning) is hereby amended by adding Chapter 18.26 (Residential
Density Bonus) sections 18.26.010 through 18.26.140 to read as follows:
18.26.010
Purpose
The purpose of this chapter is to provide incentives, consistent with State law, for the construction
of housing units that are affordable to very-low, low-, and moderate-income households. A density
bonus is an increase over the otherwise maximum residential density allowable under the Zoning
Ordinance and the General Plan. It provides developers an opportunity to increase the number of
units within a proposed residential development in exchange for including within the project a
specified number of units that are affordable to very low-, low-, or moderate-income persons and
families. The density bonus provides a private market incentive to encourage the development of
affordable housing in Redding. State law also allows the City to provide incentives other than, or
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in addition to, an increase in density if requested by an applicant. Accordingly, the purposes of this
chapter are to:
I. Establish procedures for allowing an increase in density above the maximum residential
density allowed by the General Plan and Zoning Ordinance.
2. Provide for flexibility in applying zoning regulations and development standards in order to
facilitate the development of affordable housing.
3. Provide incentives to developers to encourage the inclusion of affordable housing within
residential projects.
4. Implement the goals and policies of the General Plan relative to providing housing
opportunities and meeting community housing needs.
18.26.020
Incorporation of State Regulations
The density bonus provisions of California Government Code Sections 659 I 5-659 18 (State Density
Bonus Law), as may be amended from time to time, are incorporated by reference into this chapter.
In instances where the provisions of State Density Bonus Law are more restrictive than this chapter,
the City reserves the right to review applications for a density bonus in accordance with California
Government Code Sections 65915-65918. Pursuant to state law, the granting of a density bonus or
the granting of a density bonus together with an incentive(s) shall not be interpreted, in and of itself,
to require a general plan amendment, specific plan amendment, or rezone.
18.26.030
Definitions
For the purposes of this chapter, the following words and phrases shall have the following meanings:
1. "Affordable Housing Agreement" is defined as a legally binding agreement between a
developer and the City to ensure that the density bonus requirements of this Chapter are
satisfied. The agreement establishes the number and type of affordable units, affordability
tenure, and the terms and conditions of affordability.
2. "Affordable Housing Unit" is defined as a housing unit, whether for rent or purchase, that is
reserved under the terms ofthis chapter for very low-, low-, or moderate-income individuals
or families as defined in this section and whose total housing costs will be at an affordable rent
or sales price as determined using the methodology contained in California Code of
Regulations (25 CCR Sections 6918 and 6920, respectively). Total housing costs for rentals
generally include rent, utilities, and any fees and service charges levied by the landlord. Total
housing costs for ownership units include, but are not limited to, principal, interest, property
taxes, insurance, utilities, homeowner association fees, and an allowance for maintenance
costs.
3. "Child Care Facility" is defined as a child day-care facility other than a family day-care home,
including, but not limited to, infant centers, preschools, extended day-care facilities, and
school-age child care centers.
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4. "Density Bonus" is defined as an increase in density over the otherwise maximum allowable
residential density under the applicable General Plan designation and or zoning district as of
the date of filing of a request for a density bonus with the City.
5. "Development Standard" is defined as the site, development, or construction standards and/or
conditions of approval that apply to a residential development.
6. "Incentive" is defined as a reduction in any site development standard or a modification of
Zoning Code requirements or architectural design requirements that exceed the minimum
building standards approved by the California Building Standards Commission. One or more
incentives can be requested by the applicant in accordance with Section 18.26.070. The term
"incentive" includes the term "concession" as that term is used in California Government Code
Section 65915(k)(1).
7. "Low-Income" is defined as less than 80 percent of the area median income as defined by
Section 50079.5 of the California Health and Safety Code.
8. "Low-Income Unit" is defined as a unit with an affordable rent or payment that does not exceed
35 percent of 110 percent of area median income adjusted for family size appropriate for the
unit as established by the State Department of Housing and Community Development.
9. "Market-Rate Unit" is defined as a dwelling unit where the rental rate or sales price is not
restricted either by this chapter or by requirements imposed through other local, state, or
federal affordable housing programs.
10. "Moderate-Income" is defined as less than 120 percent of the area median income as defined
in Section 50093 of the California Health and Safety Code.
II. "Moderate-Income Unit" is defined as a unit with an affordable housing cost that does not
exceed 35 percent of 110 percent of area median income adjusted for family size appropriate
for the unit as established by the State Department of Housing and Community Development.
12. "Very Low-Income" is defined as less than 50 percent of the area median income as defined
in Section 50105 of the California Health and Safety Code.
13. "Very Low-Income Unit" is defined as a unit with an affordable rent or payment that does not
exceed 30 percent of 50 percent of the area median income adjusted for family size appropriate
for the unit as established by the State Department of Housing and Community Development.
14. "Senior Citizen Housing Development" is defined as a housing project where residency is
restricted to persons 62 years of age or older, or 55 years of age or older in a Senior Citizen
Housing Development, in accordance with Sections 51.3 and 51.12 of the California Civil
Code.
15. "WaiverlModification of Development Standards" is defined as eliminating or modifying a
development standard that would have the effect of physically precluding the construction of
a development at the density or with the incentive(s) permitted by this chapter.
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18.26.040
Eligibility for Density Bonus
A developer of a housing development may qualify for a density bonus and/or at least one other
incentive as provided by this chapter if the developer does one ofthe following and complies with
the affordability requirements ofthis chapter:
I. Agrees to construct and maintain at least 5 percent of the units reserved for very low-income
households.
2. Agrees to construct and maintain at least 10 percent of the units reserved for low-income
households.
3. Agrees to construct and maintain at least 10 percent of the units in a common interest
development (as defined in Section 1351 of the California Civil Code) reserved for moderate-
income households, provided that all units in the development are offered to the public for
purchase.
4. Agrees to construct and maintain a senior citizen housing development as defined in Section
18.26.030 of this chapter.
5. Donates land to the City dedicated for the construction of very low-income units pursuant to
Section 18.26:090 of this chapter.
6. Includes a qualifying child care facility as described in Section 18.26.080 of this chapter, in
addition to providing housing as described in Items I through 3 of this section.
18.26.050
Application Requirements
Each application for a density bonus and/or approval of incentives for the development of affordable
housing units shall be accompanied by the following information, which is in addition to information
required by an application for a building permit or discretionary permit required by the Zoning Code
(i.e., site development permit, use permit, parcel map, tentative subdivision map).
I. A site plan that identifies all units in the project including the location and size of the
affordablelbonus units.
2. A brief narrative describing the project including information on:
a. The number of units permitted under the General Plan and Zoning of the property.
b. The total number of units proposed in the project.
c. The number of affordable and/or senior units proposed and a breakdown of units
proposed for very low-, low-, and moderate-income, senior citizen, and market rate units.
d. The number of bonus units requested based on the tables provided in Section 18.26.060
of this chapter.
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e. A phasing plan (if applicable) that provides for the timely development of the affordable
units proportionate to each proposed phase of development.
f. Any requested incentive(s) or waiver/modification of development standards, including
an explanation as to why the requested action is required for the development (see
Section 18.26.070. Incentives and Waiver/Modification of Development Standards).
3. The specific financial information and data (i.e., pro forma) relied upon by the developer that
establishes the monetary value of the incentives requested by the developer and a concise
statement of how such value was calculated. A clear statement of how the requested
incentive(s) is necessary to make the proposed housing development economically feasible
shall be provided. The information shall be sufficiently detailed to enable Citystaffto examine
the conclusions reached by the developer.
Pro Forma Exceptions: Projects that consistent with "a" and/or "b" below are exempt from the
requirement to provide a pro forma unless the Director determines that the nature of the
proposed development warrants submittal of financial information sufficient to demonstrate
that the requested incentives are required for the economic viability of providing affordable
units in the project:
a. Projects with market rate units totaling 25 percent or less of proposed total residential
units.
b. Projects that request modification (deviations from a standard that does not exceed
25 percent) ofthe following base zoning district requirements in recognition by the City
that they may result in actual and financially sufficient cost reductions:
1. Yard setbacks, except where a skyplane or multistory setback is required.
11. Lot coverage.
Ill. Lot area, width, or depth.
IV. Distance between structures (shall not conflict with the Building Code).
v. Off-street parking reductions requested by the applicant that comply with the State
Density Bonus Law and Section 18.26.0708.6.
4. Other pertinent information as the Director may require to enable the City to adequately
analyze the economic feasibility of the proposed development with respect to the requested
incentives. The City may, at its sole discretion, retain a consultant to review the financial
information. The cost of the consultant review shall be borne by the applicant.
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18.26.060
Density Bonus Allowance
Density Bonus Allowance. In calculating the number of units required for very low-, low-, and
moderate-income households, the density bonus units shall not be included as illustrated in the
following example.
Example: Proposed construction of 1 OO-unit apartment development. Developer requests a density
bonus and agrees to reserve 5 percent of the units as very low-income units.
. 100 units x 5 percent very low-income = 5 very low-income units
· 100 units x 20 percent density bonus = 20 bonus units (of which 5 must be
available as very low-income units)
A development that satisfies all pertinent provisions of this chapter shall be allowed the following
applicable density bonuses by right. At the City's sole discretion, and consistent with state law,
nothing in this section shall be construed to prohibit the City from granting a density bonus greater
than what is described in this section or from granting a proportionately lower density bonus for
developments that do not meet the requirements of this section. In accordance with State Density
Bonus Law, an applicant must choose a density bonus from only one affordability category shown
below and may not combine categories with the exception of child care facilities or land donation,
which may be combined with the available housing density bonus up to a maximum density bonus
of35 percent.
I. Very Low-Income. The density bonus for very low-income units shall be calculated as
follows:
Percentage of Very Percentage Percentage of Very Percentage
Low-Income Units Density Bonus Low-Income Units Density Bonus
5 20 9 30
6 22.5 10 32.5
7 25 II 35
8 27.5
2. Low-Income. The density bonus for low-income units shall be calculated as follows:
Percentage of Percentage Percentage of Percentage
Low-Income Units Density Bonus Low-Income Units Density Bonus
10 20 16 29
II 21.5 17 30.5
12 23 18 32
13 24.5 19 33.5
14 26 20 35
15 27.5
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3. Moderate-Income. The density bonus for moderate-income ownership units shall be
calculated as follows:
Percentage of Units Percentage Percentage of Units Percentage
Moderate-Income Density Bonus Moderate-Income Density Bonus
10 5 26 21
11 6 27 22
12 7 28 23
13 8 29 24
14 9 30 25
15 10 31 26
16 11 32 27
17 12 33 28
18 13 34 29
19 14 35 30
20 15 36 31
21 16 37 32
22 17 38 33
23 18 39 34
24 19 40 35
25 20
4. Senior Citizen Housing Development. The density bonus for a senior citizen housing
development that provides housing for seniors consistent with Section 18.26.040 of this
chapter shall be 20 percent.
5. Child Care Facility. A project (whether a housing, commercial, or industrial project) is
eligible for a density bonus for a child care facility when in compliance with Section 18.26.080
of this chapter and California Government Code Section 65917.5.
6. Donation of Land. A project is eligible for the following density bonus for the donation of
land for the construction of affordable housing units when in compliance with Section
18.26.090 of this chapter:
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Percentage of Very Percentage Density Percentage of Percentage
Low-Income Units Bonus Very Low-Income Density Bonns
Units
10 15 21 26
11 16 22 27
12 17 23 28
13 18 24 29
14 19 25 30
15 20 26 31
16 21 27 32
17 22 28 33
18 23 29 34
19 24 30 35
20 25
7. Conversion of Apartments to Condominiums. A project is eligible for a 25 percent density
bonus for the conversion of apartments to condominiums when in compliance with California
Government Code Section 65915.5.
18.26.070
Incentives and Waiver/Modification of Development Standards
A. Eligibility for Incentives. Incentives are available to a housing developer as follows:
I. One incentive for housing developments that: (I) restrict at least 10 percent of the total
units to low-income households, at least 5 percent for very low-income households, or
at least 10 percent for persons and families of moderate income in a common interest
development or (2) are for Senior Housing.
2. Two incentives for housing developments that restrict at least 20 percent ofthe total units
to low-income households, at least 10 percent for very low-income households, or at least
20 percent for persons and families of moderate income in a common interest
development.
3. Three incentives for housing developments that restrict at least 30 percent of the total
units for low-income households, at least 15 percent for very low-income households, or
at least 30 percent for persons and families of moderate income in a common interest
development.
At its sole discretion, the City may grant additional incentives and may approve one or more
incentives in cases where bonus units are not being requested in order to facilitate development
of affordable housing units.
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B. Available Incentives. Incentives may include, but are not limited to:
I. A reduction in site development standards, such as:
. Reduced minimum lot sizes and/or dimensions.
. Reduced minimum building setbacks.
. Reduced minimum common outdoor and/or private outdoor living area.
. Increased maximum lot coverage.
. Increased maximum building height.
. Reduced on-site parking requirements.
2. A density bonus greater than the amount allowed by this chapter.
3. Other regulatory incentives proposed by the developer or the City that result In
identifiable, financially sufficient, and actual cost reductions.
4. Approval of mixed-use zoning in conjunction with the housing development if:
(1) commercial, office, industrial, or other land uses will reduce the cost ofthe housing
development; and (2) the commercial, office, industrial, or other land uses are compatible
with the housing development and the existing or planned future development in the area
where the proposed project will be located.
5. If an applicant qualifies for a density bonus pursuant to this chapter, the applicant may
request, in addition to any requested incentive(s), that the following parking requirement
be applied to the project in place of the City's current parking requirements. The parking
requirement is inclusive of handicapped and guest parking for the entire housing
development. On-street parking spaces shall not be utilized to satisfY the parking
requirements of this section. Tandem parking arrangements may be requested.
Zero to one bedroom lon-site parking space
Two to three bedrooms 2 on-site parking spaces
Four or more bedrooms 2.5 on-site parking spaces
C. Waiver/Modification of Development Standards. Pursuant to Government Code Section
65915(e)(l), an applicant may request a waiver or reduction of a development standard that
would otherwise physically preclude the construction of a development at the density or with
the incentive(s) permitted by this chapter. Such standards, include, but are not necessarily
limited to, those described in Section B (Available Incentives) above.
18.26.080
Child Care Facilities
A. Child Care Facility Density Bonus. If a density bonus is requested for construction of a
child- care facility pursuant to Government Code Section 65915(h), the application shall show
the location and square footage of the proposed facility and provide evidence that the
requirements of that Government Code Section have been met.
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18.26.090
Donation of Land
A. Donation of Land Density Bonus. If a density bonus is requested for the donation of land
pursuant to Government Code Section 65915(g), the application shall show the location of the
land to be dedicated and provide evidence that the requirements of that Government Code
Section have been met.
18.26.100
General Development Criteria
The following criteria shall apply to housing development projects that have received bonus density
units in accordance with this chapter:
I. Affordable housing units shall be constructed concurrentIywith or prior to non-restricted units
unless the City and applicant agree-within the required Affordable Housing Agreement (refer
to Section 18.26.11 O)--to an alternate schedule of development.
2. Affordable housing units should be dispersed throughout the project site, wheneverreasonably
possible.
3. Affordable housing units should have the same bedroom mix as market rate units in the same
development, except that the project sponsor may include a higher number of bedrooms in the
affordable dwelling units.
4. The exterior design and appearance of the affordable dwelling units shall be visually
indistinguishable from market rate units in the development in terms of overall design and use
of materials.
18.26.110
Required Findings
The following findings shall be made prior to approving applications for a density bonus and
requests for incentives, as provided in this chapter.
A. Density Bonus Approval (no incentives requested).
Finding:
I. The density bonus request meets the requirements of this chapter.
B. Density Bonus Approval With Incentive( s) or Waiver/Modification of Development Standards.
Findings:
I. The density bonus request meets the requirements of this chapter.
2. The incentive is required in order to provide affordable housing.
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3. Approval of the incentive(s) will have no specific adverse impacts upon health, 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-, and moderate-income households.
4. Approval of the incentives is not contrary to state or federal law.
18.26.120
Affordable Housing Agreement Required
Form and Content of Agreement. The applicant shall submit an Affordable Housing Agreement
(AHA) for City review. The form of the AHA will vary, depending on the manner in which the
provisions of this chapter are satisfied for a particular development. For example, an affordable
housing development may utilize public funding sources that require long-term affordability,
monitoring, and reporting consistent with this chapter. In such cases, the requirements of such
program may be sufficient, and an AHA may not be required. The form and content of the AHA (or
equivalent document) shall be subject to the review and approval of the City Attorney. The AHA
shall be recorded as a restriction on the parcel or parcels on which the affordable housing units will
be constructed. The approval and recordation of the AHA shall take place prior to any final map
being recorded or, where a map is not being processed, prior to issuance of a building permit( s) for
such parcel or units. The AHA shall be binding on all future owners and successors in interest. An
AHA must include, at a minimum, the following:
1. Continued Affordability. The AHA shall include the procedures and mechanisms proposed
by the developer to maintain the continued affordability of all affordable housing units,
whether rental or ownership units. An applicant shall agree to, and the City shall ensure,
continued affordability of all very low-and low-income units that qualified the applicant for
the award of the density bonus for 30 years, or a longer period of time if required by the
construction or mortgage- financing assistance program, mortgage-insurance program, or rental-
subsidy program. Rents for very-low and low-income units shall be set at an affordable rent
as defined in Section 18.26.030 of this chapter. Owner-occupied units shall be available at an
affordable housing cost as defined in Section 18.26.030 ofthis chapter. The following specific
items shall be addressed in the AHA:
Ownership Units. State Density Bonus Law and this chapter require the following ownership
housing options and requirements for affordable ownership units:
· Very Low-IncomeILow-Income Units. Units shall be sold to very low- or low-income
households who shall occupy the units as their principal residence. The purchaser of
each affordable housing unit shall execute an instrument or agreement approved by the
City and to be recorded against the property, restricting the sale of the affordable housing
units to very low- and low- income households for a minimum of 30 years.
· Moderate-Income Units (common-interest development). The initial sale ofa unit within
an affordable common interest development, as defined in Section 1351 of the California
Civil Code, shall be restricted to moderate-income households. The owner shall occupy
Page 11 of /2
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the unit and shall execute an instrument or agreement to be recorded against the property,
which provides for equity-sharing as set forth in Government Code Section 65915 when
and if the unit is sold.
Rental Units. The AHA shall contain procedures for establishing affordable rent, filling
vacancies, maintaining the units for eligible tenants, verifying household incomes, and
providing annual reports necessary to demonstrate compliance with this section.
18.26.130
Administrative Fee
An administrative fee may be established by the City Council for City review of all materials
submitted in accordance with this chapter and for ongoing enforcement of its provisions.
18.26.140
Violation of Affordable Housing Cost Requirements
In the event it is determined that rents in excess of those allowed by operation of this chapter have
been charged to a tenant residing in an affordable rental unit, the City may take the appropriate legal
action to recover, and the rental unit owner shall be obligated to pay to the tenant (or to the City in
the event the tenant cannot be located), any excess rent charges. In the event it is determined that
a sales price in excess of that allowed by operation of this chapter has been charged to an income-
eligible household purchasing an affordable ownership unit, the City may take the appropriate legal
action to recover, and the affordable residential unit seller shall be obligated to pay to the purchaser
(or to the City in the event the purchaser cannot be located), any sales proceeds determined to be in
excess of the affordable price.
Section 4. This ordinance shall take effect 30 days after the date of its adoption, and the City
Clerk shall certify to the adoption thereof and cause its publication according to law.
I HEREBY CERTIFY that the foregoing ordinance was introduced and read by the City
Council at a regular meeting on the 18th day of November, 2008; and was duly read and adopted at
a regular meeting on the 2nd day of December, 2008, by the following vote:
AYES: COUNCIL MEMBERS: Dickerson, Jones, McArthur, Stegall, and Bosetti
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
. ,."
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RICK BOSETTI, Mayor
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c' ~i:~~TRO~A~ t'ty Clerk
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FORM APPROVED:
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RICHARD A. DUVERNAY, C
Pagel2 af /2