Chapter 18.32 - Affordable Housing

Sections:

18.32.010 - Purpose of Chapter
18.32.020 - Eligibility for Bonus and Incentives
18.32.030 - Types of Bonuses and Incentives Allowed
18.32.040 - Continued Availability
18.32.050 - Location of Bonus Units
18.32.060 - Processing of Bonus and Incentive Requests
18.32.070 - Priority Processing of Affordable Housing Projects
18.32.080 - Findings for Denial of Affordable Housing Projects

18.32.010 - Purpose of Chapter

As required by State law (Government Code Section 65915), this Chapter offers incentives to developers for providing housing that is affordable to the types of households and qualifying residents identified in Section 18.32.020 (Eligibility for Bonus and Incentives), below. The incentives include the ability to construct up to 50 percent more residential dwelling units than normally allowed by the applicable zoning district and General Plan designation, and other incentives provided by this Chapter. In offering these incentives, this Chapter is intended to implement the requirements of State law (Government Code Sections 65302, 65913, and 65915, et seq.)

18.32.020 - Eligibility for Bonus and Incentives

In order to be eligible for a density bonus and other incentives provided by this Chapter, a proposed residential project shall:

A. Consist of five or more dwelling units;

B. Be designed and constructed so that at least:

1. 20 percent of the total number of proposed dwelling units are for lower income households, as defined in Health and Safety Code Section 50079.5;

2. 10 percent of the total number of proposed dwelling units are for very low income households, as defined in Health and Safety Code Section 50105; or

3. 50 percent of the total number of proposed dwelling units are for qualifying residents (senior citizens of any income level) as determined by Section 51.3 of the Civil Code; and

C. Comply with all applicable provisions of this Development Code.

18.32.030 - Types of Bonuses and Incentives Allowed

A residential project that satisfies all applicable provisions of this Chapter shall be entitled to the following density bonus and other incentives. If a density bonus and/or other incentives cannot be accommodated on a parcel due to strict compliance with the provisions of this Development Code, the Commission is authorized to waive or modify development standards as necessary to accommodate all bonus units and other incentives to which the development is entitled. The housing developer shall show that the waiver or modification is necessary to make the housing units economically feasible.

A. Density bonus. The density bonus allowed by this Chapter shall consist of either:

1. At least a 25 percent increase in the number of dwelling units normally allowed by the zoning district applicable to the parcel as of the date of the project land use permit application;

2. Other incentives of equivalent financial value based upon the land cost for each dwelling unit; or

3. Any combination of an increase in the number of dwelling units normally allowed by the zoning district and other incentives of financial value equivalent to a 25 percent increase in the number of dwelling units.

A single project shall not be granted more than one density bonus in compliance with this Chapter.

B. Other incentives. A qualifying residential project shall be entitled to at least one of the following concessions or incentives identified by State law (Government Code Section 65915(b)):

1. A reduction in the parcel development standards of this Development Code (e.g., coverage, setback, zero lot line and/or reduced parcel sizes, architectural design requirements, public works improvements, and/or parking requirements);

2. Approval of a mixed-use component in conjunction with the housing project if non-residential land uses will reduce the cost of the housing project, and the non-residential land uses are compatible with the housing project and surrounding existing and planned land uses;

3. Other regulatory incentives or concessions proposed by the developer or the Town that will result in identifiable cost reductions;

4. A higher density bonus consisting of up to a 35 percent increase in the number of dwelling units normally allowed by the zoning district applicable to the parcel or up to a 50 percent increase if the project site is located within one-quarter mile of a commercial center with a grocery store/drug store anchor and within one-quarter mile of a transit route; and

5. A waiver or reduction of planning application fees, Building Permit application fees, Town traffic impact fees, recreation impact fees, and/or fire protection impact fees.

The Commission shall approve one or more of the above incentives, notwithstanding the other provisions of this Chapter, unless it makes a written finding that the additional concession or incentive is not required in order for the sales price or rent for the targeted dwelling units to be set in compliance with State law (Government Code Section 65915(b)).

18.32.040 - Continued Availability

The land use permit application for the residential project shall include the procedures proposed by the developer to maintain the continued affordability of the density bonus units in the following manner:

A. Projects with Town funding — 30 years. Projects receiving a direct financial contribution or other financial incentives from the Town, or a density bonus and at least one other concession or incentive as provided by Section 18.32.030, shall maintain the availability of the lower income density bonus units for a minimum of 30 years, as required by State law (Government Code Sections 65915(c) and 65916). Lower income density bonus units shall mean those affordable housing units for which a density bonus or other financial incentive was granted for the project; or

B. Projects receiving density bonus only — 10 years. Projects that receive a density bonus as the only incentive from the Town shall maintain the availability of lower income density bonus units for a minimum of 10 years.

18.32.050 - Location of Bonus Units

As required by State law (Government Code Section 65915(g)), the location of density bonus units within the qualifying residential project may be at the discretion of the developer. However, the inclusionary units shall be reasonably dispersed throughout the development where feasible, shall contain on average the same number of bedrooms as the non-inclusionary units in the development, and shall be compatible with the design or use of the remaining units in terms of appearance, materials, and finish quality.

18.32.060 - Processing of Bonus and Incentive Requests

Proposed bonus and incentive requests shall be included as part of the land use permit application required for the residential project by Chapter 18.08 (Residential Zoning Districts) and shall be reviewed by the Commission in the following manner. At the discretion of the developer, a preliminary proposal may be submitted before any formal requests for General Plan amendments, zoning amendments, subdivision map approvals, or land use permit approval, to determine whether the project may qualify for the additional density and other incentives. The preliminary proposal shall contain information as specified in the instructions for preparing preliminary proposals, provided by the Department.

A. Initial review of bonus request. The Director shall notify the developer within 90 days of the filing of the project land use permit application or preliminary proposal of whether the project qualifies for the additional density and other incentives.

B. Criteria to be considered. Criteria to be considered in analyzing the requested bonus shall include the availability and capacity of infrastructure (road, sewer and water capacity, school capacity, etc.) to accommodate the additional residential density.

C. Findings for approval. In addition to the findings required for the approval of a land use permit, the approval of the bonuses and incentives by the Commission shall also require the following special findings:

1. In the event that the Town grants a density bonus, the project would not be a hazard or nuisance to the Town at large or establish a use or development inconsistent with the goals and policies of the General Plan;

2. In the event that the Town grants a density bonus, the number of dwellings approved by the land use permit can be accommodated by existing and planned infrastructure capacities;

3. Adequate evidence exists to indicate that the development of the property in compliance with the permit would result in the provision of affordable housing in a manner consistent with the purpose and intent of this Chapter;

4. In the event that the Town does not grant at least one financial concession or incentive as defined in State law (Government Code Section 65915) in addition to the density bonus, that additional concessions or incentives are not necessary to ensure affordable housing costs as defined in Health and Safety Code Section 50052.5, for the sales price or rent for the targeted dwelling units to be set as specified in State law (Government Code Section 65915(c)); and

5. There are sufficient provisions to guarantee that the dwelling units would remain affordable in the future.

18.32.070 - Priority Processing of Affordable Housing Projects

A residential project that satisfies all applicable provisions of this Chapter shall be given priority over other types of projects and permits by all Town departments in the processing of land use permit and Building Permit applications, and in inspections of the project during the construction process.

18.32.080 - Findings for Denial of Affordable Housing Projects

The review authority shall not deny a residential project affordable to very low, low, and moderate income households nor condition approval of the project in a manner which renders the project infeasible for development for the use of very low to moderate income households, unless such action by the review authority complies with the requirements of Section 65589.5 of the California Government Code.