[Ord. No. 05-06]
The purpose of this section is to advance the goals of the Housing
Element of the Albany General Plan, specifically, to provide a variety
of housing to meet the needs of all economic segments of the community,
and to expand housing opportunities of those with special needs, including
elderly, disabled and homeless persons. This section provides for
the implementation of Housing Element policies and programs intended
to: promote new housing that is affordable to very-low-income and
low-income households and senior citizens; encourage innovative housing
concepts; permit emergency and transitional housing; and assure accessibility
to housing by disabled persons. This section establishes implementing
procedures for the provision of density bonuses and other incentives,
pursuant to California
Government Code Sections 65915 through 65918.
[Ord. No. 05-06]
Specialized terms used in this section are defined in Section
20.08, Definitions. Those terms include Affordable Dwelling Unit,
for Rent; Affordable Dwelling Unit, for Sale; Affordable Housing Agreement;
Bonus, Density; Density Bonus Units; Development Standard; Common
Interest Development; Emergency and Transitional Housing; Household,
Low-income; Household, Lower-income; Household, Moderate-income; Household,
Very Low-income; Inclusionary Housing, and Senior Citizen Housing
Development.
[Ord. No. 05-06; amended 12-4-2023 by Ord. No. 2023-06]
The City encourages the production of new dwelling units that
will be committed to very low and low-income households. To that end,
all new residential development of five (5) or more units is required
to include dwelling units that will be available and affordable to
very-low- and low-income households, unless the City accepts other
means of meeting the intent of this subsection.
A. Applicability, General. For all residential development projects
of five (5) or more units in the City, including conversions of five
(5) or more existing rental units to ownership units, a proportion
of the units shall be made affordable to very-low- and low-income
households. Such units shall be termed "Inclusionary Housing Units",
and shall be reserved for rent or purchase by eligible very-low-income
and low-income households. The inclusionary housing unit requirement
shall be determined based on the total unit count of a housing development
project, as follows:
1.
Five (5) or Six (6) Total Units: A payment to the "Inclusionary
Housing In-lieu Fees Fund", as provided in paragraph F.4.a of this
subsection. Payment shall be calculated based on the fraction of a
unit that results from multiplying the total unit count by fifteen
(15%) percent. If the project sponsor elects to provide one inclusionary
housing unit to meet the requirement, the in-lieu fee shall not be
applicable.
2.
Seven (7) Through Thirteen (13) Total Units: At least one (1)
inclusionary housing unit.
3.
Fourteen (14) or More Total Units: The number of inclusionary
housing units shall equal at least the result of fifteen (15%) percent
of the total number of units in the development project.
In calculating the numbers of inclusionary housing units to
be designated for any applicable housing development project, any
fraction of a housing unit of 0.50 or greater shall be construed as
a whole unit. In the case of any fraction of a unit of less than 0.50,
the applicant shall be subject to payment of a fee in-lieu of construction
of the fractional unit. Such fee shall be calculated as provided in
paragraph F.4.a of this section, prorated by the applicable fraction.
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Housing development projects that incorporate inclusionary housing units shall be required to meet the development criteria listed in subsection 20.40.050 below.
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B. Applicability, Density Bonus Development. In the case of a housing development project for which a density bonus is sought pursuant to California
Government Code Section 65915 and subsection
20.40.040 of this chapter, the requirement of paragraph A above shall apply to the base number of units proposed, exclusive of the units that would be added by the density bonus. Units designated for very-low- income and low-income households may be counted toward satisfaction of the requirement for inclusionary housing, to the extent that such units meet all requirements of this subsection, including the requirement of paragraph D.1.f below, which states that units shall remain permanently restricted and affordable to the designated group.
C. Allocation by Income Group.
1.
In housing development projects of ten (10) units or more, the
number of inclusionary housing units shall be divided evenly between
very-low-income households and low-income households. Where the number
of inclusionary housing units is an odd number, the majority of the
units may be provided at the low-income level with the remainder of
units to be allocated to the very-low-income level.
2.
In housing development projects of seven (7) through nine (9)
units, all inclusionary housing units may be provided at the low-income
level.
D. Affordable Housing Agreement - Inclusionary: Project sponsors who
produce inclusionary housing units that meet the requirements of this
subsection shall enter into an Affordable Housing Agreement with the
City, for the purpose of assuring continuing affordability of such
units. Such Agreement shall be subject to approval by the City Attorney
and the City Council, upon recommendation of the Planning and Zoning
Commission. Where project approval includes a subdivision of land,
execution of an Affordable Housing Agreement shall be made a condition
of approval of a tentative map.
1.
Contents: An Affordable Housing Agreement shall include at least
the following:
a.
The total number of units approved for the housing development
project.
b.
A description of any incentive, concession, waiver or reduction
that the City agrees to provide.
c.
The number of affordable dwelling units included in the development
project.
d.
A description of the household income group(s) to be accommodated
by the housing development project and the standards for determining
affordable rent or affordable sales price and housing cost, including
reference to any periodic or other adjustments that are incorporated
in the standards. (Refer to income definitions under "Household" in
Section 20.08, Definitions.)
e.
Specific identification of each affordable dwelling unit, including
specific location within the development, unit sizes in square feet,
and the number of bedrooms.
f.
A statement that affordable dwelling units shall remain permanently
restricted and affordable to the designated group.
g.
A time schedule for completion and occupancy of affordable dwelling
units.
h.
Identification of the parties to the Agreement. The City may
identify tenants or qualified purchasers as third party beneficiaries
under the Agreement.
i.
Description of remedies for breach of the Agreement.
j.
In the case of for-sale housing developments, the Agreement
shall provide that:
1)
Affordable dwelling units initially shall be sold to and occupied
by eligible very-low-income or low-income households at an affordable
sales price and housing cost.
2)
The initial purchaser of each affordable dwelling unit shall
execute an instrument or agreement approved by the City restricting
the sale of such unit in accordance with this chapter during the applicable
use restriction period. Such instrument or agreement shall be recorded
against the parcel containing the affordable dwelling unit and shall
contain such provisions as the City may require to ensure continued
compliance with this chapter and any applicable State law.
k.
In the case of rental housing development projects, the Agreement
shall provide that:
1)
Affordable dwelling units shall be occupied by eligible very-low-
or low-income households at affordable rents. The Agreement shall
specify rules and procedures for qualifying tenants, establishing
affordable rent, filling vacancies and maintaining such units for
qualified tenants on a continuing basis.
2)
Provisions requiring owners to verify tenant incomes and maintain
books and records to demonstrate compliance with this chapter.
3)
Provisions requiring owners to submit an annual report to the
City which includes the name, address, and income of each person occupying
affordable dwelling units, and which identifies the size, number of
bedrooms and monthly rent of each such unit.
l.
All conditions attached to planning and zoning approval of the
development project.
m.
Other provisions to assure implementation and compliance with
this chapter.
2.
Recordation: The executed Agreement, or memorandum thereof,
shall be recorded following approval and execution of the Agreement
by all parties, and prior to final map approval, or, where a map is
not being processed, prior to issuance of building permits for parcels
or units that are subject to the Agreement. The conditions therein
shall be filed and recorded on the parcel or parcels designated for
construction of affordable dwelling units. The Agreement shall be
binding to all future owners and successors in interest.
E. Incentives. In the interest of promoting the creation of housing units that are affordable to lower-income households, the City may grant certain incentives for projects that exceed the minimum required number of inclusionary housing units, where it is demonstrated that the granting of such incentives is necessary to assure the economic feasibility of a project. Incentives shall not be applicable to secondary residential units or single-family dwellings in R-1 Single-Family Residential districts. This paragraph shall not apply to projects for which a density bonus is proposed pursuant to
Government Code Section 65915 and subsection
20.40.040 of this chapter, which provide separate regulations on incentives. In order to encourage the on-site inclusion of affordable units in housing development projects proposed under this subsection, the City, at its discretion, may grant incentives including but not limited to the types listed below. In granting any such incentive the City shall make findings that:
a) Exceptional circumstances have been demonstrated that require
City assistance, and
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b) Acceptable documentation has been provided as to how such
incentives will increase the feasibility of inclusion of affordable
units in the development project, and
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c) The project exceeds the minimum requirement for provision
of inclusionary housing units.
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1.
Modification of Development Regulations: The City recognizes
that modification to the following requirements (not listed in any
order of priority) could result in financially sufficient, and actual,
cost reductions that would facilitate additional inclusionary housing
units. Such modifications may be made without a variance, subject
to the making of findings a) through c) in this paragraph E.:
a.
Setback from a street or nonresidential property line.
c.
Setback from a residential property line, except where a daylight
plane is required.
2.
Examples of other potential incentives that the city may consider
on a case-by-case basis, subject to making findings a) through c)
in this paragraph E.:
a.
Reduction of any architectural design standards or guidelines
that exceed minimum building standards established by local or State
building standard codes.
b.
Assistance in design and/or construction of project-related
public improvements, such as fronting curbs, sidewalks and tree planting.
c.
Deferral, reduction or waiver of City fees, to be determined
on a project-by-project basis, with the requirement that the project
comply with legal requirements regarding prevailing wage.
d.
Alternatives to on-site provision of inclusionary housing units,
as described in paragraph F., below.
F. Alternatives to On-Site Provision of Inclusionary Housing Units. Upon finding by the City Council that production of inclusionary housing units on a project site is not feasible due to the size of the project, the physical conditions of the site, or a demonstrated inability of the sponsor to secure financing of the inclusionary housing units, the City may approve one or a combination of the alternative means of meeting the inclusionary housing unit requirement as stated in the following paragraphs 1 through 5. (See Subsection
20.40.040 for specific provisions pertaining to density bonus projects.)
1.
Off-Site Location. Circumstances may arise in which the public
interest would be served by allowing some or all of the inclusionary
housing units associated with a housing development to be produced
and operated at a separate, detached development site. Such a site
shall be considered as part of a single housing development for purposes
of this chapter, and the project sponsor shall be subject to the same
requirements as if the inclusionary housing units were provided on
the principal development site. This paragraph shall apply only where
the principal and detached sites are located within zoning districts
in which multi-family housing is a permitted or conditionally permitted
use.
2.
Land Dedication. Upon approval of the City Council, an applicant
may dedicate land to the City or to a nonprofit housing developer
in lieu of actual construction of required inclusionary housing units,
for the purpose of development of an equivalent number of affordable
units.
3.
Conversion. Conversion of existing market-rate housing to affordable
units. Such units may be located off of the site of the project seeking
approval. Where this alternative is employed, the value of the conversion
project shall be equal to the cost of construction of the number of
inclusionary housing units that are not constructed as part of the
housing development that generates the inclusionary requirement.
4.
In-Lieu Payment.
a.
An in-lieu fee shall be equal to the difference between the
fair market value of an inclusionary unit and the ability of a household
in the target income group to afford the rental or purchase price,
as determined by the City at the time of issuance of a building permit
for the housing development project. Procedures for the assessment,
collection and adjustment of in-lieu fees shall be established by
resolution of the City Council.
b.
The City may allow payment of a fee by the sponsor of a housing
development project, in lieu of providing some or all of the required
fifteen (15%) percent affordable inclusionary housing units, upon
finding by the City Council that production of the units on the particular
site is not feasible due to the size of the project, or the physical
conditions of the site, or a demonstrated inability of the sponsor
to secure financing, from private or public sources, of the inclusionary
housing units.
c.
If a housing development project is approved for payment of
an in-lieu fee, the fee must be paid for each dwelling unit approved
for such payment, at the time of issuance of a building permit for
the housing development.
d.
Fees collected by the City in lieu of inclusionary housing units
shall be deposited into a fund known as the "Inclusionary Housing
In-Lieu Fees Fund", the use of which shall be committed to the purpose
of assisting the provision of housing for very-low- and low-income
households. The use of the funds may include, but shall not be limited
to land write downs, contributions to nonprofit organizations for
housing construction, mortgage assistance for very-low- and low-income
households, and the operation of transitional housing.
5.
Other. The City Council may approve alternative methods of compliance
with the inclusionary housing requirement if the applicant demonstrates
that the intent of this subsection will be met by any such method.
Any alternative to construction of the required number of inclusionary
housing units, or any combination of alternative methods of meeting
the requirement, shall provide a value equal to the amount that would
be calculated for an in-lieu fee according to paragraph 4.a above.
[Ord. No. 05-06; Ord. No. 2014-11 § 6; Ord. No. 2018-04; amended 12-4-2023 by Ord. No. 2023-06]
The City will facilitate the production of housing units for
eligible households in accordance with California
Government Code
Sections 65915 through 65918, as described in this subsection. For
purposes of this subsection, "Housing Development" shall have the
meaning stated in
Government Code Section 65915 (i). The City will
grant a density bonus, incentives or concessions, and/or waivers or
reductions of development standards, as described below.
As provided by
Government Code Section 65915 (j), the granting
of a density bonus, incentives or concessions shall not require or
be interpreted, in and of itself, to require a general plan amendment,
zoning change or other discretionary approval.
A. Qualification for Density Bonus.
1.
To qualify for a density bonus, an applicant shall seek and
agree to construct a housing development that includes a proportion
of dwelling units designated for very-low-income households, low-income
households, or persons and families of moderate-income, senior citizen
housing development or mobile home park, transitional foster youth,
disabled veterans, or homeless persons, all as specified in Government
Code Section 65915 (b).
2.
California
Civil Code Sections 51.3 and 51.12 provide, among
other qualifications, that a senior citizen housing development contain
at least thirty-five (35) dwelling units.
B. Determination of Designated Units. The numbers of units to be designated
for eligible households shall be determined as specified in Government
Code Section 65915 (b).
C. Calculation of Density Bonus.
1.
Unless a lesser percentage is elected by the applicant, the
density bonus for projects with a qualifying percentage of low- or
very-low-income households shall be up to thirty-five (35%) percent
over the maximum gross residential density, expressed in units per
acre of site area, assigned to a site by the Land Use Element of the
General Plan and Zoning Ordinance as of the date of application to
the City. The amount of density bonus to which the applicant is entitled
shall be calculated according to
Government Code Section 65915 (f)(1)
through (2). See Table H-1 below.
2.
For common interest development projects for moderate-income
households, where all units in the development are offered to the
public for purchase, the density bonus shall be a density increase
of at least five (5%) percent, unless a lesser percentage is elected
by the applicant, and up to thirty-five (35%) percent over the maximum
gross residential density, expressed in units per acre of site area,
assigned to a site by the Land Use Element of the General Plan and
Zoning Ordinance as of the date of application to the City. The amount
of density bonus to which the applicant is entitled shall be calculated
according to
Government Code Section 65915 (f) (4). See Table H-1
below.
3.
For senior housing developments, and housing for transitional
foster youth, disabled veterans, or homeless persons at very-low-income
levels, the density bonus shall be a density increase of up to twenty
(20%) percent over the maximum gross residential density, expressed
in units per acre of site area, assigned to a site by the Land Use
Element of the General Plan and Zoning Ordinance as of the date of
application to the City. The amount of density bonus to which the
applicant is entitled shall be calculated according to Government
Code Section 65915 (f)(3). See Table H-1 below.
4.
When an applicant for a residential development approval, including
a tentative subdivision map or a parcel map, agrees to donate land
to the City under terms specified in
Government Code Section 65915
(g)(1) and (2), the density bonus shall be a density increase of at
least fifteen (15%) percent, unless a lesser percentage is elected
by the applicant, and up to thirty-five (35%) percent over the maximum
gross residential density, expressed in units per acre of site area,
assigned to a site by the Land Use Element of the General Plan and
Zoning Ordinance as of the date of application to the City. A density
bonus for land may be in addition to a density bonus calculated in
paragraphs 1, 2, or 3 above, but in no case shall the combined density
increase exceed thirty-five (35%) percent. See Table H-1 below.
5.
When an applicant proposes to construct a housing development
project that qualifies for a density bonus under paragraph A of this
subsection, and includes a child care facility that will be located
on the premises of, as part of, or adjacent to the development project,
the City will grant either an additional density bonus or an additional
concession or incentive, subject to the terms and conditions stated
in
Government Code Section 65915 (h). See Table H-1 and H-2 below.
6.
The applicant for a density bonus shall elect whether the bonus
shall be awarded on the basis of subparagraph (A), (B), (C), (D),
or (E) of
Government Code Section 65915 (b)(1).
Any density bonus shall be granted only for provision of the
minimum required proportion of units for the particular class of bonus,
e.g., five (5%) percent of units for very-low-income, ten (10%) percent
of units for lower-income. All density calculations resulting in fractional
units shall be rounded up to the next whole number.
Table H-1 Calculation of Density Bonus
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Housing Target Group or Development
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Minimum % of units dedicated to target group
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Density Bonus (basic)
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Increase in Density Bonus
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Additional Dedicated units
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Additional bonus
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Lower-income (up to 80% median income)
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10% of pre-bonus total
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20% above maximum allowed units per acre
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Each 1% increase
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1.5%, up to 35% maximum bonus
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Very-low-income (up to 50% median income)
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5% of pre-bonus total
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20% above maximum allowed units per acre
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Each 1% increase
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2.5%, up to 35% maximum bonus
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Senior Citizen Housing Development
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All units in a development having at least 35 units
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20% above maximum allowed units per acre
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Not applicable
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Moderate-income (80% to 120% median income)
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10% of pre-bonus total (condominium or planned unit development)
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5% above maximum allowed units per acre
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Each 1% increase
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1.0%, up to 35% maximum bonus
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Land donation for units for very low Income households
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Land area of at least one acre or sufficient to permit development
of at least 40 units, and sufficient to support 10% of pre-bonus unit
total
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15% above maximum allowed units per acre
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Each 1% increase in area of land donation
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1.0%, up to 35% maximum bonus including any other bonus
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Child care facility
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Based on area of facility
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One square foot additional floor area for each one square foot
of child care
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Not applicable
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Transitional foster youth, disabled veterans, or homeless persons
for very-low-income households
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10% of pre-bonus total
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20% above maximum allowed units per acre
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Not applicable
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D. Incentives or Concessions. In addition to granting a density bonus
to an applicant who qualifies under the terms of paragraph A above,
the City will also provide as many as three (3) incentives or concessions,
as defined by
Government Code Section 65915 (d) & (k).
1.
Types of Incentives or Concessions:
a.
A reduction in site development standards or a modification
of zoning code requirements that would otherwise be required that
result in identifiable and actual cost reductions to provide for affordable
housing costs, as defined in Section 50052.5 of the Health and Safety
Code, or for rents for the targeted units to be set as specified in
Government Code Section 65915 (c).
b.
Other regulatory incentives or concessions proposed by the applicant
that result in identifiable and actual cost reductions to provide
for affordable housing costs, as defined in Section 50052.5 of the
Health and Safety Code, or for rents for the targeted units to be
set as specified in
Government Code Section 65915(c).
2.
Number of Incentives or Concessions to be Provided: The number
of incentives or concessions will depend upon the proportion of units
proposed to be dedicated and how those units are allocated among qualifying
groups, according to the formulas stated in
Government Code Section
65915 (d)(2), and shall not exceed a total of three (3) concessions
or incentives for any development project. See Table H-2 below.
Table H-2 Calculation of Incentives and Concessions
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Housing Target Group
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Number of Incentives or Concessions, with basic density bonus
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Additional incentives or concessions with increase in % of dedication
of pre-bonus units
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Lower-income (up to 80% median income)
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1 with dedication of 10% of units
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1 additional with 20% 2 additional with 30%
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Very-low-income (up to 50% median income)
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1 with dedication of 5% of units
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1 additional with 10% 2 additional with 15%
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Moderate-income (80% to 120% median income) in a common interest
development
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1 with dedication of 10% of units
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1 additional with 20% 2 additional with 30%
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Child care facility
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1 incentive or concession may be granted in lieu of square foot
bonus, if it contributes to economic feasibility of construction of
child care facility
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3.
Findings for Denial of Incentives or Concessions: The City shall
provide incentives or concessions as requested unless the City makes
a written finding, based upon substantial evidence, of any of the
following:
a.
The concession or incentive does not result in identifiable
and actual cost reductions to provide for affordable housing costs,
as defined in California
Health and Safety Code Section 50052.5, or
the rents for the targeted units to be set as specified in Government
Code Section 65915 (c).
b.
The concession or incentive would have a specific adverse impact,
as defined in
Government Code Section 65589.5 (d)(2) upon public health
and 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 low- and moderate-income households.
c.
The concession or incentive would be contrary to state or federal
law.
4.
Project-Specific Action. City approval of any incentive or concession
in conjunction with a density bonus shall be applicable only to the
project or development for which an application is submitted, and
shall not have the effect of amending the General Plan, the zoning
ordinance, any development standard or other regulation or policy,
as such may apply generally in the City or to other developments that
exist or may exist in the future.
E. Waivers or Reductions.
1.
An applicant may submit to the City a proposal for waiver or
reduction of any development standard that will have the effect of
physically precluding the construction of a housing development project
that qualifies, under paragraph A of this subsection, for a density
bonus at the permitted density and with the granted concessions(s)
or incentives(s).
2.
The City may approve such waiver or reduction, without requirement
of a variance, upon the finding that, without such waiver or reduction,
the development standard will have the effect of physically precluding
the construction of the affordable housing units that would qualify
the development project for a density bonus.
3.
The City is not required to approve such a proposal if the City
finds that the waiver or reduction would have a specific, adverse
impact, as defined in
Government Code Section 65589.5 (j) (1), 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, or that the waiver or reduction
is contrary to state or federal law.
F. Affordable Housing Agreement - Density Bonus: Applicants for density
bonuses shall enter into an Affordable Housing Agreement with the
City, for the purpose of assuring continuing compliance with applicable
provisions of
Government Code Section 65915 and all applicable regulations
and conditions of the City. Such Agreement shall be subject to approval
by the City Council, upon recommendation of the Planning and Zoning
Commission. Where project approval includes a subdivision of land,
execution of an Affordable Housing Agreement shall be made a condition
of approval of a tentative map. The contents of the Agreement shall
be as specified in subsection 20.40.030.D.1 above, except that the
requirements of paragraphs f, j, and k thereof shall be replaced by
the requirements of paragraphs 1 and 2 below:
1.
An applicant who seeks a density bonus for rental units targeted
for lower-income and very low-income households shall agree to continued
affordability under the terms specified in
Government Code Section
65915(c)(1).
2.
An applicant who seeks a density bonus for moderate-income units
in a common interest development project shall agree that:
a.
The initial occupants of the moderate-income units that are
directly related to the receipt of the density bonus are persons and
families of moderate-income, as defined in Section 50093 of the Health
and Safety Code, and that the units are offered at an affordable housing
cost, as that cost is defined in Section 50052.5 of the Health and
Safety Code.
b.
An equity-sharing agreement, to be enforced by the City, shall
apply to resale of the units, which shall be subject to the terms
specified in
Government Code Section 65915(c)(2).
G. Application Procedures for Density Bonus.
1.
General.
a.
The granting of a density bonus is exempted, by
Government Code
Section 65915, from discretionary approvals. However, elements of
housing development proposals may be subject to discretionary approvals
or other procedures set forth in Section 20.100.
b.
All incentives or concessions that may be proposed pursuant
to the requirements of
Government Code Section 65915 shall be subject
to final action by the City Council.
2.
Preapplication Review. Prior to filing an application for a
density bonus and concessions pursuant to
Government Code Section
65915 and this subsection, an applicant shall participate with City
staff in a preliminary review of project plans. The Community Development
Director may determine that such review be held with the Planning
and Zoning Commission, in a publicly noticed meeting.
3.
Application Requirements. An applicant for a density bonus pursuant
to
Government Code Section 65915 and this subsection shall submit
an application for any discretionary approval required by this chapter
for the proposed development project. If no discretionary action is
required, the applicant shall submit a Zoning Clearance application
for City review of the proposed density bonus. At a minimum, applications
for development projects that propose a density bonus shall include
the following items:
a.
The desired density increase;
b.
Additional incentive(s) or concession(s) requested;
c.
Any waivers or reductions in development standards that are
requested;
d.
The number, type, location, size and construction scheduling
of all units;
e.
Documentation to demonstrate that any requested concession or
incentive results in identifiable and actual cost reductions, to provide
for affordable housing costs.
4.
Review of Application. An application for a development project
that includes a density bonus and incentives shall be reviewed and
acted upon according to procedures described in Section 20.100, except
that, following the rendering of a recommendation by the Planning
and Zoning Commission, the City Council shall be the decision-making
body on all applications involving a density bonus. The City Council
shall have the final authority to deny requested incentives or concessions
with the findings required by
Government Code Section 65915. The City
shall notify the applicant for a density bonus whether the application
is complete in a manner consistent with
Government Code 65943.
5.
Waiver or Reduction of Development Standards. If the applicant
can demonstrate that any development standard that is applied as a
condition of a City action on a housing development project that qualifies
for a density bonus would physically preclude construction of the
development project the applicant may request that the City Council
waive or reduce such condition. The City Council shall either grant
such a request or make a finding pursuant to paragraph E.3 above.
[Ord. No. 05-06; Ord. No. 2018-04]
The following criteria shall apply to housing development projects that contain affordable dwelling units created pursuant to Subsections
20.40.030 and/or
20.40.040 above.
A. Affordable dwelling units shall be constructed concurrently with
or prior to non-restricted units, unless the City and the project
sponsor agree, within the required Affordable Housing Agreement, to
an alternative schedule for development.
B. Affordable dwelling units shall be dispersed throughout the project
site.
C. Affordable dwelling units shall have, to the extent feasible, the
same bedroom mix as the market-rate units in the same development,
except that the project sponsor may include a higher number of bedrooms
in the affordable dwelling units.
D. The design and appearance of affordable dwelling units shall be compatible
with the design of the total housing development, and with the context
of the surrounding neighborhood.
E. Other development criteria and requirements may be established as
conditions of project approval, and all such conditions shall be incorporated
into the Affordable Housing Agreement.
[Ord. No. 05-06; Ord. No. 2014-02 § 6; amended 12-4-2023 by Ord. No. 2023-06]
The purpose of this section is to provide guidelines to be used
in the implementation of the Housing Element policies regarding the
siting and permitting of emergency shelters, including facilities
that meet the description of "Emergency Shelter" in subsection 20.16.050.E.
A. Applicability.
1.
General. An emergency shelter may be located in the zoning district or districts where such use is listed in subsection
20.12.040, Table 1.
B. Physical Characteristics. Applicants for approval of an emergency
shelter shall demonstrate the following:
1.
The facility provides adequate living space, shower and toilet
facilities and secure storage areas for its intended residents.
2.
The facility conforms to standards for sleeping rooms, as stated
in codes adopted by the City and in current effect.
3.
The facility is a minimum of three hundred (300) feet from any
other emergency shelter, as measured between the closest points of
the property boundaries involved.
4.
The facility shall include indoor intake and waiting areas.
5.
The facility shall include adequate indoor bicycle parking for
employees and residents.
6.
The facility accommodates no more than 25 beds. A shelter with
more than 25 beds may be allowed with approval of a major use permit
by the Planning and Zoning Commission under procedures stated in Section
20.100.030.B.2.
C. Programmatic Characteristics. Applicants for approval of emergency
shelter shall submit detailed program information, demonstrating at
a minimum that:
1.
The program establishes a maximum number of days of residency
per client, and accommodations are appropriate to the number of days.
2.
The program identifies a transportation system that provides
its clients with a reasonable level of mobility, including but not
limited to, access to social services and employment opportunities.
3.
The program provides an identified administrator, a liaison
to the City and support agencies, and an on-site supervisor, all of
whom have demonstrated experience in similar programs.
4.
If the program includes drug or alcohol abuse counseling, appropriate
State licensing is secured.
5.
The program specifies standards, rules and operational arrangements
covering on-site meal preparation or other means of providing food;
expulsion procedures; and curfew times.
6.
If applicable, child care is provided on-site or arrangements
are in place for child care service elsewhere, along with assurance
that children will be enrolled in school during their stay in the
facility.
7.
Identification of funding mechanisms sufficient to ensure compliance
with required siting and programmatic criteria.