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IX.
Planning Commission Regular Meeting Minutes
July 21, 2022
review process, and clarified that workforce housing is typically considered include the moderate -income category
In response to Vice Chair Ellmore's question, Principal Planner Murillo noted project -related impacts are still reviewed under CEQA, and explained traffic and school impact fees attributed to each new unit can still be assessed. Assistant City Attorney Summerhill stated that the City decided that fee reductions are not mandated incentives/concessions, but can be granted at the discretion of the City Council.
In response to Secretary Rosene's inquiry, Principal Planner Murillo indicated that density bonus units are exempt from the need to process a general plan amendment, and explained that public views in the coastal zone remain protected by the coastal resource protection policies of the LCP.
In response to Chair Kleiman's question, Principal Planner Murillo relayed that the density bonus law does not supersede the California Coastal Act and indicated that the City can deny incentives or development standard waivers if an adverse environmental, public health, or historic resource impact is found.
In response to Commissioner Harris' questions, Principal Planner Murillo relayed that the reduced parking ratios are the same for all density bonus projects and explained the equity sharing requirements for for -sale units.
Chair Kleiman opened the public hearing.
Jim Mosher questioned the reason for the amendment review considering no options have been added by the City and the density bonus laws do not supersede the California Coastal Act.
Principal Planner Murillo indicated that the City believed including provisions of State law in a code section would be easier for members of the public and developers to understand and implement, and noted that although the provisions of the density bonus are eligible within the coastal zone, it does not supersede the California Coastal Act and the City is required to develop a code in harmony with coastal provisions.
Chair Kleiman closed the public hearing.
In response to Commissioner Weigand's inquiry, Principal Planner Murillo indicated that updated density bonus law legislation is ongoing and minor clean-up amendments are expected in the future.
Motion made by Vice Chair Ellmore and seconded by Secretary Rosene to approve the recommended action.
AYES:
Ellmore, Harris, Klaustermeier, Kleiman, Lowrey, Rosene, and Weigand NOES:
None
ABSTAIN:
None
ABSENT:
None
STAFF AND COMMISSIONER ITEMS
ITEM NO. 5 MOTION FOR RECONSIDERATION
None
ITEM NO. 6 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR
MATTERS WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A
FUTURE AGENDA
Deputy Community Development Director Campbell indicated that the final Housing Element revisions are underway and expressed optimism for adoption before October 15, 2022, noted the appeal of the Gannon residence project and August 2022 hearing before the City Council, and announced the next Planning Commission meeting on September 8, 2022, with four items to discuss including the Circulation Element.
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Attachment G
Redline Strikeout Version of Proposed
Amendments
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Underline/StrikeeWt Version of Title 20 (Planning and Zoning Code) Revisions Zoning Code Amendment No. CA2020-004
Section 1: Subsection (C)(1) of Section 20.12.020 (Rules of Interpretation) of Chapter
20.12 (Interpretation of Zoning Code Provisions) of Title 20 (Planning and Zoning) the NBMC is hereby amended to read as follows:
/GW*.ii MMMKe7in
Residential Density. When Except for projects that include a density bonus in accordance with Section 20.32.040(A), when the number of dwelling units allowed on a site is calculated based on the minimum site area per dwelling unit, any fraction of a unit shall be rounded down to the next lowest whole number. For example, where a residential zoning district requires a minimum site area per dwelling unit of one thousand five hundred (1,500) square feet; a site of ten thousand (10,000) square feet would be allowed six dwelling units (10,000 sq. ft/1,500 sq. ft. per dwelling unit = 6.66 dwelling units, which is rounded down to six (6) dwelling units).
::r�M :r_T0r-Z.. M`r.T.T.T.1rr.�: r_zrr_s�.. `KK.T.��:E Section 2: Chapter 20.32 (Density Bonus) of Title 20 (Planning and Zoning) the NBMC is hereby deleted in its entirety and replaced with the following:
Chapter 20.32
DENSITY BONUS
Sections:
20.32.010
Purpose.
20.32.020
Definitions.
20.32.030
Eligibility for Density Bonus and Incentives.
20.32.040
General Requirements.
20.32.050
Allowed Density Bonuses.
20.32.060
Parking Requirements in Density Bonus Projects.
20.32.070
Allowed Incentives or Concessions.
20.32.080
Waivers or Reductions of Development Standards.
20.32.090
Incentives for Housing with Childcare Facilities.
20.32.100
Condominium Conversions.
20.32.110
Design and Distribution of Affordable Units.
20.32.120
Replacement Units.
20.32.130
Continued Availability.
20.32.140
Occupancy and Resale of Ownership Units.
20.32.150
Approval Process.
20.32.160
Affordable Housing Agreement.
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20.32.010 Purpose.
The purpose of this chapter is not intended to expand the requirements of Government Code Sections 65915 through 65918, as the same may be amended from time to time, but rather to provide a means for granting density bonuses and incentives as required by state law. This chapter provides regulations for considering density bonus and incentive requests for the development of housing that is affordable to extremely low-, very low-, low-, and moderate - income households, foster youth, disabled veterans, homeless persons, lower -income students, senior citizens, and childcare.
20.32.020 Definitions.
As used in this chanter. the followina words shall have the followina meaninas:
A. "Affordable housing" means housing for which the allowable housing expenses paid by a qualifying household shall not exceed a specified fraction of the county median income, adjusted for household size. This includes housing designated for extremely low-, very low- . low-, and moderate -income households.
B. "Childcare facility" means 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 childcare center. "Childcare facility" does not include public or private primary or secondary education facilities.
C. "Condominium conversion" means the conversion of apartments, or other rental units, into ownership Droaerty that consist of an undivided interest in common in a Dortion of real Property coupled with a separate interest within the boundaries of the dwelling unit.
D. "Density bonus" means a densitv increase over the maximum allowable residential densi under applicable zoning and Land Use Element of the General Plan as of the date of application.
E. "Development standard" means a site or construction condition, including, but not limited to, a height limitation, setback requirement, floor area ratio, an onsite open -space requirement, or a parking ratio that applies to a housing development pursuant to any ordinance, General Plan policy, specific plan, or other local condition, law, policy, resolution, or reaulation. Development standard shall not mean an impact fee. inclusionary housina requirement, or dedication of land.
F. "Disabled veteran" means anv veteran who is currentiv declared by the United States Veterans Administration to be ten (10) percent or more disabled as a result of service in the armed forces. Proof of such disability shall be deemed conclusive if it is of record in the United States Veterans Administration.
G. "Equivalent financial value" means an incentive that would result in a reduction in cost to the developer/property owner based upon the land cost per dwelling unit and shall be calculated based upon the difference in the value of the land with and without the density bonus.
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H. "Equivalent size" means that the replacement units specified in Section 20.32.120 contain at least the same total number of bedrooms as the units being replaced.
I. "Foster youth" means a person in California whose dependency was established or continued by a court of competent jurisdiction, including a tribal court, on or after the youth's 13th birthdav and who is no older than 25 vears of aae at the commencement of the academic year.
J. "Homeless person" shall have the same meaning as that phrase is defined in Section 11302 of the federal McKinney-Vento Homeless Assistance Act (42U.S.C. Ch. 119).
K. "Housing development" means a development project for five (5) or more residential dwelling units, including mixed -use developments, subdivisions, or common interest development. A "housing development" may consist of residential units, unimproved residential lots, a project to substantially rehabilitate and convert an existing commercial building to residential use, or the substantial rehabilitation of an existing multifamily dwelling where the result of the rehabilitation would result in a net increase in available residential units. For purposes of calculating a density bonus, the residential units shall be on contiguous sites that are the subject of one (1) development application but may include more than one subdivision map.
L. "Lower -income student" means a student who has a household income and asset level that does not exceed the level for Cal Grant A or Cal Grant B award recipients as set forth Education Code Section 69432.7(k)(1). The eligibility of a student to occupy a unit for lower income students under this section shall be verified by an affidavit, award letter, or letter of eligibility provided by the institution of higher education in which the student is enrolled or by the California Student Aid Commission that the student receives or is eligible for financial aid, including an institutional grant or fee waiver from the college or university, the California Student Aid Commission, or the federal government.
M. "Major transit stop" means a site containing an existing rail transit station or the intersection of two (2) or more major bus routes with a frequency of service interval of fifteen (15) minutes or less at the intersection of the two (2) routes during both the morning and afternoon peak commute hours.
N. "Natural or constructed impediments" means a hindrance or obstruction that prevents pedestrian or bicycle access to a major transit stop. Natural or constructed impediments include, but are not limited to, freeways, rivers, mountains, harbors, and bodies of water, but does not include residential structures, shopping centers, parking lots, or rails used for transit.
O. "Specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. The following shall not constitute a specific, adverse impact upon the public health or safety: (1) inconsistency with the zoning or General Plan land use designation, or (2) the eligibility to claim a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code.
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P. "Unobstructed access" means that the income qualified resident of the housing development is able to walk or bike to from the residence without tresoassina or otherwise encountering natural or constructed impediments.
20.32.030 Eligibility for Density Bonus and Incentives.
A. To be eligible for a density bonus, incentive(s) or concession(s), or waiver or reduction of development standard(s) as provided by this chapter, a housing development or condominium conversion shall include only one (1) of the following requirements and satisfy all other applicable provisions of this Zoning Code:
1. A minimum of five (5) percent of the total number of units of a housing development shall be restricted and affordable to very low-income households.
2. A minimum of ten (10) percent of the total number of units of a housing development shall be restricted and affordable to low-income households.
3. A minimum often (10) percent of the total units in a for -sale housing development shall be restricted and affordable to moderate -income households, provided that all units in the housing development are offered to the public for purchase.
4. One hundred (100) percent of all units in a housing development, exclusive of a manager's unit or units, shall be restricted and affordable to lower -income households, except that no more than twenty (20) percent of the units in the housing development, including total units and density bonus units, may be affordable to moderate -income households.
5. A minimum often (10) percent of the total units of a housing development for transitional foster youth, disabled veterans, or homeless persons shall be provided at the same affordability level as very low-income units.
6. A minimum of twenty (20) percent of the total units of a housing development shall be affordable to lower -income college students.
7. A condominium conversion Droiect where either thirtv-three (33) Dercent of the units converted are affordable to low- or moderate -income households, or fifteen (15) percent of the units converted are affordable to very low- or extremely low-income households.
8. A senior citizen housing development, as defined in Civil Code Sections 51.3 and 51.12, that has at least thirty-five (35) dwelling units or a mobile home park that limits residency based on age requirements for housing older persons in compliance with Civil Code Sections 798.76 or 799.5.
9. The applicant for a housing development donates at least one (1) acre of land to the City for very low-income units, provided the land has the appropriate General Plan designation, zoning, permits and approvals, and access to public facilities needed for such housing.
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B. Housing Development Not Eligible for a Density Bonus, Concession, Incentive, or Waiver.
A housing development shall not be eligible for a density bonus, or any incentive, concession, or waiver of a development standard under this chapter on a parcel containing existing affordable housing unless:
1. The housing development replaces the existing affordable units in accordance with all of the requirements set forth in Section 20.32.120; and
2. The housing development, inclusive of the units replaced pursuant to this section, contains affordable units at one (1) of the percentage levels set forth in Section
20.32.030(A).
20.32.040 General Requirements.
A. Fractional Units. The calculation of a densitv bonus in compliance with this section that results in fractional units, including base density and bonus density, shall be rounded up to the next whole number.
B. Mixed Income Development. If a housing development qualifies for a density bonus under more than one (1) income category; as senior housing; or as housing intended to serve transitional foster youth, disabled veterans, or homeless persons; the applicant shall select only one (1) of the above categories in the application. Density bonuses from more than one (1) cateaory may not be combined.
C. General Plan & Zonina Consistencv. The arantina of a densitv bonus. in and of itself, shall not be interpreted as requiring a General Plan amendment, Zoning Map amendment, or other discretionary approval.
D. Financial Incentives. The provisions of this chapter shall not be interpreted to require or limit the City from providing direct financial incentives, including the provision of publicly owned land or the waiver of fees or dedication reauirements.
E. Increased Density Limit. A housing development shall not exceed the cumulative total of base units allowed by the underlying zone and the density bonus units allowed by Section
20.32.050. Incentives, concessions, or development standard waivers shall not be used to increase densitv.
F. Reduced Density. An applicant for a density bonus may elect to provide a lesser percentage of density increase than what is authorized by Section 20.32.050 including, but not limited to, no increase in density, but shall remain eligible for concessions or incentives, waivers of development standards, and eligible parking requirements provided the project meets the eligibility requirements of this section.
20.32.050 Allowed Density Bonuses.
A housing development that meets one (1) of the eligibility levels in Section 20.32.030 is entitled to a densitv bonus as provided herein.
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A. Density Bonus for Very Low-, Low-, and Moderate -Income Households. A housing development that is eligible for a density bonus pursuant to Section 20.32.030(A)(1) through Section 20.32.030(A)(4) is entitled to a densitv bonus calculated as follows:
TABLE 3-6
VERY LOW, LOW, AND MODERATE
Density Bonus Percentage
Percentage of
Base
Units Proposed
Very Low Income
Low Income
Moderate Income
5%
20%
-
-
6%
22.5%
-
-
7%
25%
-
-
8%
27.5%
-
-
9%
30%
-
-
10%
32.5%
20%
5%
11 %
35%
21.5%
6%
12%
38.75%
23%
7%
13%
42.5%
24.5%
8%
14%
46.25%
26%
9%
15%
50%
27.5%
10%
16%
50%
29%
11%
17%
50%
30.5%
12%
18%
50%
32%
13%
19%
50%
33.5%
14%
20%
50%
35%
15%
21 %
50%
38.75%
16%
22%
50%
42.5%
17%
23%
50%
46.25%
18%
24%
50%
50%
19%
25%
50%
50%
20%
26%
50%
50%
21%
27%
50%
50%
22%
28%
50%
50%
23%
29%
50%
50%
24%
30%
50%
50%
25%
31%
50%
50%
26%
32%
50%
50%
27%
33%
50%
50%
28%
34%
50%
50%
29%
35%
50%
50%
30%
36%
50%
50%
31%
37%
50%
50%
32%
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38%
50%
50%
33%
39%
50%
50%
34%
40%
50%
50%
35%
41 %
50%
50%
38.75%
42%
50%
50%
42.5%
43%
50%
50%
46.25%
44%
50%
50%
50%
100%
80%
80%
80%
Notwithstanding the foregoing, a cap on density will not apply if both of the following conditions are met:
1. One hundred (100) aercent of the units in a housina development exclusive of a manager's unit or units, are restricted and affordable to very -low and low-income households, except that no more than twenty (20) percent of the total units (including densitv bonus units) in the housina development are restricted and affordable to moderate -income households.
2. The housing development is located within one-half ('/2) mile of a major transit stop with unobstructed access.
B. Density Bonus for Transitional Foster Youth, Disabled Veterans, or Homeless Persons. A housina development that is eliaible for a densitv bonus at the level set forth in Section
20.32.030(A)(5) shall be entitled to a density bonus of twenty (20) percent.
C. Density Bonus for Lower -Income College Students. A student housing development that is eligible for a density bonus at the level set forth in Section 20.32.030(A)(6) shall be entitled to a density bonus of thirty-five (35) percent.
1. All units in the student housing development shall be used exclusively for undergraduate, graduate, or professional students enrolled full-time at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accreditina Commission for Communitv and Junior Colleaes.
2. The applicant or property owner shall provide evidence to the City that the housing development shall be subject to an operating agreement or lease with one (1) or more institution of higher education that all units shall be exclusively occupied by the students of the institution(s).
3. The rent for affordable units shall be calculated at thirty (30) percent of sixty-five (65) aercent of the area median income for a sinale-room occuoancv unit.
4. Priority for the affordable units shall be given to lower -income students experiencing homelessness. A homeless service provider, as defined in paragraph (3) of subdivision (e) of Section 103577 of the Health and Safety Code, or institution of higher education that has knowledae of a person's homeless status may verifv a person's status as homeless for auraoses of this subsection.
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5. For purposes of calculating a density bonus granted pursuant to this section, the term "unit" shall mean one (1) rental bed and its pro rata share of associated common area facilities.
D. Density Bonus for Condominium Conversion. A condominium conversion that is eligible for a density bonus pursuant to Section 20.32.030(A)(7) shall be entitled to a density bonus of twenty-five (25) percent provided the condominium conversion meets all of the requirements in Section 20.32.100.
E. Density Bonus for Senior Housina. A senior housina development that is eliaible for a density bonus pursuant to Section 20.32.030(A)(8) shall be entitled to a density bonus of twenty (20)percent.
F. Density Bonus for donating land for very low-income units. A housing development that includes the donation of land for the development of very low-income housina aursuant to Section 20.32.030(A)(9) shall be entitled to a density bonus calculated as follows:
TABLE 3-7
LAND DEDICATED TO ACCOMMODATE VERY LOW-INCOME
Percentage of
Base
Units Proposed
Density Bonus
Percentage
10%
15%
11%
16%
12%
17%
13%
18%
14%
19%
15%
20%
16%
21%
17%
22%
18%
23%
19%
24%
20%
25%
21%
26%
22%
27%
23%
28%
24%
29%
25%
30%
26%
31 %
27%
32%
28%
33%
29%
34%
30%
35%
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1. Any increase authorized by this subsection may be approved in addition to any increase in density allowed by Section 20.32.030 up to a maximum combined density increase of thirty-five (35) percent.
2. The donated land shall be the greater of:
a. One (1) acre;
b. Sufficient square -footage or acreage to permit development of the percentage of base units proposed; or
c. Sufficient square -footage or acreage to permit development of forty (40) units under the existing general plan and zoning designation.
3. The existing General Plan and zoning designation of the donated land shall be zoned to accommodate at least thirty (30) dwelling units per acre, and is, or will, be served by adequate public facilities and infrastructure through the construction of the housing development.
4. The land shall be donated and transferred to the City or a housing developer that is approved by the City. The applicant shall donate and transfer the land no later than the date of aaaroval of the final subdivision maD. or issuance of buildina Dermits for the housing development where no subdivision is required.
5. The City shall not approve the final subdivision map or issue building permits for the housing development unless and until all permits, other than building permits, for the development of very low-income housina have been issued for the donated and transferred land.
6. The donated and transferred land shall be within the boundary of the housin development, or upon approval of the review authority, within one -quarter (1/4) mile of the housing development.
7. The source of funding for the development of very low-income housing on the donated and transferred land shall be identified not later than the date of aDDroval of the final subdivision map or issuance of building permits for the housing development.
8. The donated and transferred land and the affordable units shall be subject to a deed restriction recorded on the property at the time of transfer ensuring continued affordabilitv of the units consistent with Section 20.32.130.
20.32.060 Parking Requirements in Density Bonus Protects.
A. Applicability. For a housing development that meets one (1) of the eligibility levels in Section
20.32.030, the applicant may request application of the parking requirements set forth below. An applicant may request additional parking incentives beyond those provided in this section in compliance with Sections 20.32.070 and 20.32.080.
B. Number of Parking Spaces Required.
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1. Parking Ratios. At the request of the applicant, the following minimum parking ratios may apply to the housing development:
Dwelling Unit Size
Onsite Parking per
Unit
Studio to 1 Bedroom
1 space
2 to 3 Bedrooms
1.5 spaces
4 or more Bedrooms
2.5 spaces
2. Within One -Half Mile (1/2) of Maior Transit StoD. Notwithstandina subsection B(1). if a housing development provides at least twenty (20) percent low-income units or eleven (11) percent very low-income units and is located within one-half ('/2) mile of a major transit stop with unobstructed access, then upon the request of the developer, the City may not impose a vehicular Darkina ratio. inclusive of handicapped and auest Darkina. that exceeds 0.5 spaces per bedroom.
3. Zero Parking. Notwithstanding subsection 13(1), if a housing development consists solely of rental units affordable to lower income families; then upon the request of the developer. the Citv may not impose a vehicular Darkina ratio. inclusive of handicapped and guest parking, if either of the following criteria are met:
a. The housing development is located within one-half (1/2) mile of a major transit with unobstructed access from the housing development;
b. The housina development is a for -rent housina development for individuals who are 62 years of age or older that meet the definition in Sections 51.2 and 51.3 of the Civil Code and the housing development has either paratransit service or unobstructed access within one-half ('/2) mile of a fixed bus route that operates at least eiaht (8) times per day; or
c. The housina development is either a special needs housina development. as defined in Section 51312 of the Health and Safety Code, or supportive housing development as defined in Section 50675.14 of the Health and Safety Code, and the housing development has either paratransit service or unobstructed access within one-half ('/2) mile of a fixed bus route that operates at least eiaht (8) times Der day.
4. Notwithstanding subsection (B)(2) and (B)(3), the City may impose the parking ratio set forth in subsection (B)(1), if the City or an independent consultant has conducted an areawide or jurisdiction -wide parking study within the past seven (7) years that demonstrates a higher parking ratio is necessary based upon an analysis of parking availability, differing levels of transit access, walkability access to transit services, the potential for shared parking, the effect of parking requirements on the cost of market - rate and subsidized developments, and the lower rates of car ownership for low-income and very low income individuals, including seniors and special needs individuals. 19-163
C. Location of Parking. For purposes of this section, a housing development may provide on - site parking through uncovered or tandem on -site parking.
D. Rounding of Partial Parking Spaces. If the total number of parking spaces required for a housing development is other than a whole number, the number shall be rounded up to the next whole number.
20.32.070 Allowed Incentives or Concessions.
A. Applicant Request and City Approval. The applicant shall include any request for incentive() or concessions, listed in subsection (C) concurrently with the application for project approval. The applicant shall provide documentation establishing that an incentive or concession is necessary to make the housing units economically feasible. When an applicant makes a request for an incentive or concession, the review authority shall grant the reauest unless one (1) or more of the followina findinas is made:
1. The incentive or concession is not required in order to provide affordable housing costs or for rents for the taraeted units to be set as specified in Section 20.32.130(B):
2. The incentive or concession would have a specific adverse impact upon public health and safety, or on any real property 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 renderina the development unaffordable to low- and moderate -income households; or
3. The incentive would be contrary to state or federal law.
B. Number of Incentives or Concessions. Except as provided in subsection (A) of this section the review authority shall grant the following number of incentives or concessions- 1 . One (1) incentive or concession for a housing development that includes at least ten (10) percent of the total units for low-income households, at least five (5) percent of the total units for very low-income households, at least twenty (20) percent of the total units for low-income students in a student housing development, or at least ten (10) percent of the total units for moderate -income households in a for -sale housing development.
2. Two (2) incentives or concessions for a housing development that includes at least seventeen (17) percent of the total units for low-income households, at least ten (10) percent of the total units for very low-income households, or at least twenty (20) percent of the total units for moderate -income households in a for -sale housing development.
3. Three (3) incentives or concessions for a housing development that includes at least twenty-four (24) percent of the total units for low-income households, at least fifteen (15) percent of the total units for very low-income households, or at least thirty (30) percent of the total units for moderate -income households in a for -sale housing development.
4. Four (4) incentives or concession for Droiects that meet the criteria of Section
20.32.030(A)(4). If the housing development is located within one-half ('/2) mile of a 19-164
manor transit stop with unobstructed access, the housing development is eligible for a height increase of up to three (3) additional stories, or thirty-three (33) feet.
C. Type of Incentive or Concession. For the purposes of this chapter, "incentive" or "concession" mean any of the following:
1. A reduction in the development standard(s) as that term is defined in Section 20.32.020, that results in identifiable, financially sufficient. and actual cost reductions:
2. A mixed -use protect in conjunction with the housing development, if the nonresidential portion of the mixed -use project will reduce the cost of the housing development, is compatible with the residential portion of the housing development, and is compatible with adjacent existing or planned development;
3. A reduction or waiver of any City imposed fee or dedication of land, which shall be at the sole discretion of the Citv Council: and/or
4. Other regulatory incentives that will result in identifiable, financially sufficient, and actual cost reductions.
20.32.080 Waivers or Reductions of Development Standards.
In addition to reauestina an incentive or concession. an applicant for a densitv bonus may also submit a proposal to the City to waive or reduce an unlimited number of development standards that would otherwise preclude or inhibit construction of the housing development at the densities or with the incentives permitted by this chapter.
A. When an applicant makes a request for a waiver, the review authority shall grant the request unless any of the following findings are made:
1. The waiver or reduction of development standards would have a specific adverse i upon public health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
2. The waiver or reduction of development standards would have an adverse impact on anv real Droaerty listed in the California Reaister of Historical Resources.
3. The waiver or reduction of development standards would be contrary to state or federal law.
B. Notwithstanding subsection 20.32.080(A), a housing development that is eligible for no cap on density pursuant Section 20.32.050(A) shall only be eligible for a waiver or reduction of development standards as provided in Section 20.32.070(B)(4).
20.32.090 Incentives for Housing with Childcare Facilities.
A. Incentives. A housing development that complies with the income requirements of Section
20.32.030(A) and includes a childcare facilitv. other than a larae or small familv day care home, that will be located on the same site as the development, shall be eligible for either of the followina additional incentives:
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1. An amount of residential floor area equal to or greater than the floor area of the childcare facility; or
2. An incentive that contributes to the economic feasibility of the childcare facility as provided in Section 20.32.070(C).
Notwithstanding the foregoing, the City shall not be required to provide a density bonus for a childcare facility if it finds that the community has adequate childcare facilities.
B. Requirements to Qualify for Incentives. The City shall require, as a condition of approval of the housing development, that:
1. The childcare facility shall remain in operation for a period of time that is as long as, or longer than, the period of time during which the density bonus units are required to remain affordable in compliance with Section 20.32.130: and
2. Of the children who attend the childcare facility, the children of very low-income, low- income, or moderate income households shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low-income, lower -income, or moderate income households in compliance with Section
20.30.030(A).
20.32.100 Condominium Conversions.
A. Density Bonus. When an applicant proposes to convert apartments to condominiums, which meet the eligibility level in Section 20.32.030(A)(7), the City shall grant either a density bonus of uD to twentv-five (25) percent pursuant to Section 20.32.050(D) to create additional units on the project site or other incentive of equivalent financial value provided:
1. The applicant aarees to Dav for the reasonablv necessary administrative costs including, but not limited to, staff costs, consultant fees, photocopy costs, and mailing fees. incurred by the Citv: and
2. The City places such reasonable conditions on the granting of a density bonus or other incentives of equivalent financial value as it finds appropriate, including, but not limited to, conditions which assure continued affordability of units to subsequent very low-, low - and moderate -income households.
B. Replacement Units. All units within the condominium conversion shall meet the replacement reauirements in Section 20.32.120.
C. Ineligible Requests. Apartments which are proposed for conversion to condominiums shall be ineligible for a density bonus or other incentive under this section if the apartments were previously granted a density bonus, concession, incentive, or waiver or reduction of development standards.
D. Preapplication Process. An applicant may submit to the City a preliminary application for the condominium conversion on a form provided by the Director prior to the submittal of an 19-166
application to the City under chapters 19.08 and 19.64. Within ninety (90) days of receipt of the preliminary application, the City shall notify the applicant in writing whether the application is eliaible for a condominium conversion aursuant to this section.
E. Approval. An application for condominium conversion shall meet the requirements set forth in Chapter 19.64. Nothina in this section shall be construed to reauire the Citv to approve an application for a condominium conversion.
20.32.110 Design and Distribution of Affordable Units.
Affordable units shall be designed and distributed within the housing development as follows:
B. Number of Bedrooms. Affordable units shall reflect the range of numbers of bedrooms provided in the residential development project as a whole; C. Comparable Quality and Facilities. Affordable units shall be constructed to the same quality and exterior design as the market -rate housing units. Additionally, the affordable units shall include the same laundry, recreation, and other facilities that are made available to the market -rate housing units;
D. Access. In mixed -income multi -unit structures, the occupants of the affordable units shall have the same access to common entrances and any common areas including parking areas in that structure as the occupants of the market -rate housina units:
E. Size. Affordable units may be smaller and have different interior finishes and features than the market -rate units; and
F. Location. Affordable units shall be distributed within the residential development. unless clustering is allowed by the review authority. Notwithstanding, in a mixed -income multi -unit structure, affordable units shall not be isolated to a specific floor or an area of a specific floor.
20.32.120 Replacement Units.
An application for a density bonus on any property with existing rental dwelling units or rental dwelling units that were vacated or demolished within the five (5) years preceding the application; and are, or were, subject to a recorded covenant that restricts rents to very low- or low-income households; or are, or were, occupied by very low- or low-income household(s) shall be subject to all of the following requirements:
A. Occupied Units. For rental dwelling units that are occupied on the date of the application, the housing development shall provide at least the same number of affordable units of equivalent size at affordable rent or affordable housing cost to, and occupied by, persons or families in the same or lower income category as the existing occupants.
B. Vacant or Demolished Units. For rental dwelling units that have been vacated or demolished within the five (5) years preceding the application, the housing development shall provide at least the same number of affordable units of equivalent size as existed at the highest occupancy point for those units in the five (5) years preceding the application at affordable rent or affordable housina cost to. and occupied bv. persons and families in the same or 19-167
lower income category as the persons or families that occupied the units immediately preceding the vacancy or demolition.
C. Unknown Household Income. If the income of the existing occupants or occupants within the past five (5) years is unknown to the City or the applicant, it shall be rebuttably presumed that the rental dwellings units were occupied by low-income and very low-income renter households as determined by the most recently available data from the United States Department of Housing and Urban Development's Comprehensive Housing Affordability Strategy database.
20.32.130 Continued Availability.
The units that qualified the housing development for a density bonus and other incentives shall continue to be available as affordable and/or senior units in compliance with the following requirements:
A. Duration of Availabilitv. The applicant shall record a covenant on the Droperty that the units that qualified the housing development for a density bonus and other incentives are restricted as affordable units for at least fifty-five(55) years, or a longer time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program.
B. Affordable Costs. The rents and owner -occupied costs charged for the housing units shall not exceed the following amounts during the period of continued availability required by this section:
1. Rental Units. Rents for density bonus units shall be set at an affordable rent as defined in Health and Safetv Code Section 50053: and
2. Owner -Occupied Units. Owner -occupied units shall be available at an affordable housina cost as defined in Health and Safetv Code Section 50052.5.
20.32.140 Occupancy and Resale of Ownership Units.
A housing development that includes for -sale units that are restricted and affordable to moderate -income households shall limit the occupancy and resale of the units as set forth in this section-
B. Initial Occupancy. A for -sale unit, which
bonus. shall meet either of the followina
1. The unit is initiallv occupied by a
ualified the applicant for the award of the densi
uirements:
low-, low-. or moderate -income household. offered
at an affordable housing as defined in Section 50052.5 of the Health and Safety Code, and subject to an equity sharing agreement.
2. The unit is purchased by a qualified nonprofit housing corporation pursuant a contract that is recorded on the property. and all of the followina are satisfied:
a. The nonprofit housing corporation is organized pursuant to Internal Revenue Code Section 501(c)(3) and has received a welfare exemption under Revenue and 19-168
Taxation Code Section 214.15 for properties intended to be sold to low-income households who participate in a special no -interest loan program; b. The contract restricts the use of the land for at least thirty_(30) years to owner - occupied housing that is available at an affordable housing cost; c. The contract includes a deed of trust on the property in favor of the nonprofit corporation to ensure compliance with the terms of the program, which has no value unless the owner fails to comply with the covenants and restrictions of the terms of the home sale:
d. The City Attorney finds that the long-term deed restrictions in the contract serve a public purpose;
e. A repurchase option that requires a subsequent purchaser of the property that desires to sell or convey the property to offer the qualified nonprofit corporation the right to repurchase the property prior to selling or conveying that property, try other purchaser; and
f. Affordability restrictions on the sale and conveyance of the property that ensure that the property will be preserved for lower income housing for at least forty-five (45) years for owner -occupied housing units and will be sold or resold only to very low, low. or moderate -income households.
C. Resale. As part of the affordable housina aareement reauired pursuant to Section
20.32.160, the applicant shall enter into an equity sharing agreement with the City for the resale of affordable common interest units, unless it would be in conflict with the requirements of another public funding source or law. In lieu of an equity sharing agreement, the housing project could sell the units to a nonprofit housing corporation pursuant to Section 20.32.140(A)(2). The following requirements apply to the equity sharing agreement:
1. Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation; and
2. The City shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within five (5) years for any of the purposes described in Health and Safety Code Section 33334.2(e) that promote home ownership. For the purposes of this section:
a. The City's initial subsidy shall be equal to the fair market value of the home at the time of initial sale, minus the initial sale price, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value:
b. The City's proportionate share of appreciation shall be equal to the ratio of the initial subsidy to the fair market value of the home at the time of initial sale; and 19-169
c. The initial subsidy shall include any incentives granted by the City and shall be equal to the monetary equivalent of the incentives.
20.32.150 Approval Process.
An applicant requesting a density bonus, incentive, concession, or waiver pursuant to this chapter shall require approval of an Affordable Housing Implementation Plan pursuant to Sections 20.50.030 and 20.52.015.
20.32.160 Affordable Housing Agreement.
The applicant approved for a density bonus, concession, incentive, or waiver under this chapter shall agree to construct, operate and maintain the affordable units in accordance with an affordable housing agreement. The affordable housing agreement shall be executed in a recordable form prior to the issuance of a building permit for any portion of a housing development subject to the requirements of this chapter. The affordable housing agreement shall be binding upon all future owners and successors in interest.
A. Review. The terms of the affordable housing agreement shall be reviewed and revised as appropriate by the Director and City Attorney.
B. Fees. The City may establish fees associated with the setting up and monitoring of the affordable units.
C. Contents. The affordable housing agreement shall include at least the following:
1. Identification of Affordable Units. Affordable units shall be identified by address and legal description, type (floor area, number of bedrooms/baths, unit size, etc.), and designated household income category. The affordable housing agreement shall also identify the total number of affordable units and total number of units approved for the housing development.
2. Term of Affordability. Unless specified elsewhere in this chapter, a minimum term of fifty five (55) years of the specified affordability shall be required. Such reservation period shall begin on the date a certificate of occupancy is granted for the affordable units.
3. Maximum Allowable Rent or Sales Price.
a. Rental Housing Developments. In the case of rental housing developments, the affordable housing agreement shall provide for the following conditions governing the use of the affordable housing units during the use restriction period:
The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies, and maintaining the affordable units for qualified tenants.
Provisions requiring owners to verify tenant incomes and maintain books and records to demonstrate compliance with this chapter.
iii. Provisions requiring owners to submit an annual report to the City, which includes the name. address and income of each person occuovina each affordable unit. 19-170
and which identifies the bedroom size and monthly rent or cost of each affordable unit.
iv. A maximum rent schedule shall be submitted to the City prior to the issuance of an occupancy permit for the affordable units, and updated annually on the anniversary date of occupancy.
Total move -in costs for eligible tenants occupying affordable units shall be limited to first month's rent plus a security/cleaning deposit not to exceed one month's rent.
vi. When a tenant occupying an affordable unit no longer qualifies under the income requirements, verified through the monitoring program required as part of the affordable housing agreement, that tenant may then be charged market rate rent.
If this occurs, any currently vacant unit of similar type to the affordable unit in question shall then be designated as an affordable unit, and the owner shall immediately attempt to secure tenants in accordance with this chapter. The owner is required to maintain at all times during the use restriction the minimum number of affordable units identified in the affordable housina aareement. vii. No subletting or short-term occupancy of designated affordable units shall be allowed.
b. Ownership Proiects. In the case of for -sale housina developments. as a condition of approval of the housing development, the City shall require an affordable housing agreement that includes the following conditions governing the initial sale and use of affordable units durina the applicable use aeriod:
Affordable units shall, upon initial sale, be sold to eligible very low- and low- income households at an affordable sales price and housing cost, or to qualifying residents in the case of a senior citizen housing development.
Affordable units shall be initially owner -occupied by eligible very low- or low- income households, or by qualifying residents in the case of a senior citizen housing development.
The initial purchaser of each affordable housing unit shall execute an instrument or agreement approved by the City restricting the sale of the affordable housing 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 housing unit and shall contain such provisions as the City may require to ensure continued compliance with this chapter and State Density Bonus Law.
iv. The affordable housing agreement shall stipulate that, when the terms of affordability expire on an affordable unit, the City and/or a non-profit housing organization shall have a first right of purchase option sixty (60) days prior to the affordable unit beina advertised on the market.
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V. Rental of affordable units shall not be allowed.
vi. When an equity sharing agreement is required by this chapter, the affordable housing agreement shall specify the equity sharing agreement comply with Section 20.32.140.
4. Monitoring of Compliance to Agreement. A monitoring program shall be required, specifying the party responsible for certifying tenant incomes and sales price, maintaining the required number of affordable units for the property, marketing and filling unit vacancies.
5. Remedies. Description of remedies for breach of the affordable housing agreement by either party (the City may identify tenants or qualified purchasers as third -party beneficiaries under the agreement).
6. Description of Density Bonus. A description of the incentives and/or concessions, if any, being provided by the City.
7. Schedule. A schedule for completion and occupancy of the affordable units.
8. Other Provisions. Other Drovisions to ensure imDlementation and comDliance with this chapter.
Section 3: Table 5-1 of Subsection B of Section 20.50.030 (Multiple Permit Applications) of Title 20 (Planning and Zoning) the NBMC is hereby amended to read as follows:
TABLE 5-1
REVIEW AUTHORITY
Type of Action
yp
Applicable Code
Chapter/Section
Role of Review Authority (1)
Director
Zoning
Administrator
Hearing
Officer
Commission
Council
(2)
Administrative and Legislative
Interpretations
Section 20.12.020
Determination
(3)
Appeal
Appeal
Planned
Communities
Chapter 20.56
Recommend
Decision
Specific Plans
Chapter 20.58
Recommend
Decision
Zoning Code
Amendments
Chapter 20.66
Recommend
Decision
Zoning Map
Amendments
Chapter 20.66
Recommend
Decision
Permits and Approvals
Affordable
Housing
Chapter 20.32
Decision (3)
fl)
Appeal/
Decision (4)
Appeal/
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TABLE 5-1
REVIEW AUTHORITY
Role of Review Authority (1)
Type of Action
yp
Applicable Code
Chapter/Section
Zoning
Hearing
Council
Director
Administrator
Officer
Commission
(2)
Implementation
Decision
Plan
Comprehensive
Decision (3)
Appeal
Sign Program
Conditional Use
Section 20.52.020
Decision
Appeal
Permits
Conditional Use
Section 20.52.030
Decision
Appeal
Permits —
Residential
Zones HO
Heritage Sign
Decision
Appeal
Innovative Sign
Decision
Appeal
Program
Limited Term
Section 20.52.040
Decision (3)
Appeal
Appeal
Permits
Minor Use
Section 20.52.020
Decision (3)
Appeal
Appeal
Permits
Modification
Section 20.52.050
Decision (3)
Appeal
Appeal
Permits
Planned
Section 20.52.060
Decision
Appeal
Development
Permits
Reasonable
Section 20.52.070
Decision
Appeal
Accommodation
s
Sign Permits
Chapter 20.42
Determination
Appeal
Appeal
(3)
Site
Section 20.52.080
Decision (3)
Decision
Appeal
Development
Reviews (See
Table 5-2
(Review
Authority for Site
Development
Reviews))
Variances
Section 20.52.090
Decision
Appeal
Zoning
Section 20.52.100
Determination
Appeal
Appeal
Clearances
(3)
Notes:
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(1) "Recommend" means that the Commission makes a recommendation to the Council; "Determination" and "Decision" mean that the review authority makes the final determination or decision on the matter; "Appeal" means that the review authority may consider and decide upon appeals to the decision of a previous decision -making body, in compliance with Cchapter 20.64 (Appeals).
(2) The Council is the final review authority for all applications in the City. (3) The Director or Zoning Administrator may defer action and refer the request to the Commission for consideration and final action.
(4) The Zoning Administrator shall be the initial review authority for density bonus units and parking reductions. The Planning Commission shall be the initial review authority for concessions. incentives and waivers. The Citv Council shall be the review authoritv for anv financial incentive or fee waiver.
Section 4: Section 20.52.015 (Affordable Housing Implementation Plan) of Title 20 (Planning and Zoning) the NBMC is hereby added to read as follows:
20.52.015 Affordable Housing Implementation Plan.
A. Purpose. An affordable housing implementation plan (AHIP) provides a process to review and arant densitv bonuses. concessions. incentives. and development standard waivers in compliance with Government Code Section 65915 et seq. and chapter 20.32.
B. ADDlicability. An affordable housina imDlementation Dlan shall be reauired for a application that which proposes a density bonus, concession, incentive, or waiver of development standard pursuant to chapter 20.32.
C. Application Contents.
1. A legal description of the project site where the target dwelling units will be located includina a statement of Dresent ownership and Dresent and proposed zonina.
2. A letter signed by the present owner stating what specific density bonus, incentives or concessions, waivers or modifications in development standards are being requested from the City and if reduced parking pursuant to Section 20.32.060 is being requested.
3. A detailed vicinity map showing the project location and such details as the location of the nearest commercial retail, transit stop, potential employment locations, park or recreation facilities or other social or community service facilities.
4. Site plans. floor Dlans. and buildina elevations. which shall desianate the total number of units proposed on the site, including the number and location of target dwelling units and density bonus dwelling units, and supporting plans per the application submittal requirements.
5. If the Droiect site contains existina dwellina units, a description of the existina dwelli units. This shall include the number of units, whether owner -occupied or rentals, the number of bedrooms in each of the units, and evidence to household income of occupants for the previous five (5) years.
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6. In the case of a request for any incentive or concession, evidence that the request will result in identifiable and actual cost reductions.
7. In the case of a request for a waiver or reduction of development standards, evidence that the development standard being waived or reduced will have the effect of physically precluding the construction of the development at the densities proposed.
D. Application Filina. Processina, and Review. An application for an affordable housin implementation plan shall be filed and processed in compliance with chapter 20.50 (Permit Application Filing and Processing). The application shall include all of the information and materials specified in Section 20.52.015(C), together with the required fee in compliance with the City's fee schedule adopted by resolution.
E. Project Review and Notice and Hearing Requirements. Notice of the public hearing shall be provided and the hearing shall be conducted in compliance with chapter 20.62 (Public Hearings).
F. Findings. The review authority shall approve an affordable housing implementation plan, unless at least one findina for denial is made pursuant to Sections 20.32.070(A).
20.32.080(A), or 20.32.090(A).
G. Post -Decision Procedures. The Drocedures and reauirements in chapter 20.54 Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Part 6 of this title (Zoning Code Administration) shall apply following the decision on a affordable housing implementation plan application.
Section 5: Newport Beach Municipal Code (NBMC) Section 20.70.020 is hereby amended to amend the following definitions to read as follows - "Density ••nus" See Section 20.32.020.meaRS, as defined by Government90 "Extremely low-income household" means persons and families whose income does not exceed thirty (30) percent of the area median income for Orange County, as published by the California Department of Housing and Community Development, adjusted for family size and revised annually.
"Low-income household" means persons and families whose income is greater than fifty (50 Dercent but does not exceed eiahtv (80) Dercent of the area median income for Oranae Countv • • -• • • ?jff@MHE=1mOO • • • 9- - •• 1 .• -• •
•• _ 0
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"Moderate -income household" means persons and families whose income is greater than eighty (80) percent but does not exceed one hundred twenty (120) percent of the area median income for Orange County, as published by the California Department of Housing and Community Development, adjusted for family size and revised annually. a household-whese-iRGeme is between eighty (80) peFGent and one hundred twenty (120) perGeRt of the OraRge COURty me 0 RGeme ("Area mediaR adjusted for aGtwal household size, as determiRed by-4he California Department Anil Community Development
"Very low-income household" means persons and families whose income is greater than thirty (30) percent but does not exceed fifty (50) percent of the area median income for Orange County, as published by the California Department of Housing and Community Development, adjusted for family size and revised annuallL. a - household ,ose-iRGOPHe 06 fifty (50) nnrGnnt OF less of the Orange County median ORGOrne ("Area Median InGGrne"), adjusted for aGtual household size, as 19-176
Underline/Sfrik ,-oW Version of Title 21 (Local Coastal Program Implementation Plan) Revisions
Local Coastal Program Amendment No. LC2020-004
Section 1: Subsection (C)(1) of Section 21.12.020 (Rules of Interpretation) of Chapter
21.12 (Interpretation of Implementation Plan Provisions) of Title 21 (Local Coastal Program Implementation Plan) of the NBMC is hereby amended to read as follows:
C. Calculations.
Residential Density. When -Except for projects that include a density bonus in accordance with Section 21.32.040(A), when the number of dwelling units allowed on a site is calculated based on the minimum site area per dwelling unit, any fraction of a unit shall be rounded down to the next lowest whole number. For example, where a residential zoning district requires a minimum site area per dwelling unit of one thousand five hundred (1,500) square feet; a site of ten thousand (10,000) square feet would be allowed six dwelling units (10,000 sq. ft/1,500 sq. ft. per dwelling unit = 6.66 dwelling units, which is rounded down to six (6) dwelling units).
Section 2: Chapter 21.32 (Density Bonus) of Title 21 (Interpretation of Implementation Plan Provisions) of the NBMC is hereby added to read as follows:
Chapter 21.32
DENSITY BONUS
Sections:
21.32.010 Purpose.
21.32.020 Definitions.
21.32.025
Coastal Act Consistency.
21.32.030
Eligibility for Density Bonus and Incentives.
21.32.040
General Requirements.
21.32.050
Allowed Density Bonuses.
21.32.060
Parking Requirements in Density Bonus Projects.
21.32.070
Allowed Incentives or Concessions.
21.32.080
Waivers or Reductions of Development Standards,
21.32.090
Incentives for Housing with Childcare Facilities.
21.32.100
Condominium Conversions.
21.32.110
Design and Distribution of Affordable Units.
21.32.121
Replacement Units.
21.32.130
Continued Availability.
21.32.140
Occupancy and Resale of Ownership Units.
21.32.150
Approval Process.
21.32.160
Affordable Housing Agreement.
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21.32.010 Purpose.
The purpose of this chapter is not intended to expand the requirements of Government Code Sections 65915 through 65918, as the same may be amended from time to time, but rather to provide a means for granting density bonuses and incentives as required by state law. This chapter provides regulations for considering density bonus and incentive requests for the development of housing that is affordable to extremely low-, very low-, low-, and moderate - income households, foster youth, disabled veterans, homeless persons, lower -income students, senior citizens, and childcare.
21.32.020 Definitions.
As used in this chapter, the following words shall have the following meanings:
A. "Affordable housing" means housing for which the allowable housing expenses paid by a qualifying household shall not exceed a specified fraction of the county median income, adjusted for household size. This includes housing designated for extremely low-, very low- , low-, and moderate -income households.
B. "Childcare facility" means 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-aae childcare center. "Childcare facilitv" does not include public or orivate arimary or secondary education facilities.
C. "Condominium conversion" means the conversion of apartments, or other rental units, into ownership property that consist of an undivided interest in common in a portion of real Property coupled with a separate interest within the boundaries of the dwelling unit.
D. "Density bonus" means a density increase over the maximum allowable residential density under applicable zonina and Land Use Element of the General Plan as of the date of application.
"Development standard" means a site or construction condition, including, but not limited to, a height limitation, setback requirement, floor area ratio, an onsite open -space requirement, or a parking ratio that applies to a housing development pursuant to any ordinance, General Plan policy, specific plan, or other local condition, law, policy, resolution, or regulation. Development standard shall not mean an impact fee, inclusionary housing requirement, or dedication of land.
F. "Disabled veteran" means anv veteran who is currentiv declared by the United States Veterans Administration to be ten (10) percent or more disabled as a result of service in the armed forces. Proof of such disability shall be deemed conclusive if it is of record in the United States Veterans Administration.
G. "Equivalent financial value" means an incentive that would result in a reduction in cost to the developer/property owner based upon the land cost per dwelling unit and shall be calculated based upon the difference in the value of the land with and without the density bonus.
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H. "Equivalent size" means that the replacement units specified in Section 21.32.120 contain at least the same total number of bedrooms as the units beina realaced.
I. "Foster youth" means a person in California whose dependency was established or continued by a court of competent jurisdiction, including a tribal court, on or after theyouth's 13th birthday and who is no older than 25 years of age at the commencement of the academic year.
J. "Homeless person" shall have the same meaning as that phrase is defined in Section 11302 of the federal McKinnev-Vento Homeless Assistance Act (42U.S.C. Ch. 119).
K. "Housing development" means a development project for five (5) or more residential dwelling units, including mixed -use developments, subdivisions, or common interest development. A "housing development" may consist of residential units, unimproved residential lots, a project to substantially rehabilitate and convert an existing commercial building to residential use, or the substantial rehabilitation of an existing multifamily dwelling where the result of the rehabilitation would result in a net increase in available residential units. For purposes of calculating a density bonus, the residential units shall be on contiguous sites that are the subject of one (1) development application but may include more than one subdivision map.
L. "Lower income student" means a student who has a household income and asset level that does not exceed the level for Cal Grant A or Cal Grant B award recipients as set forth Education Code Section 69432.7(k)(1). The eligibility of a student to occupy a unit for lower income students under this section shall be verified by an affidavit, award letter, or letter of eligibility provided by the institution of higher education in which the student is enrolled or by the California Student Aid Commission that the student receives or is eligible for financial aid, including an institutional grant or fee waiver from the college or university, the California Student Aid Commission, or the federal government.
M. "Maior transit stop" means a site containina an existina rail transit station or the intersection of two (2) or more major bus routes with a frequency of service interval of fifteen (15) minutes or less at the intersection of the two (2) routes during both the morning and afternoon weak commute hours.
N. "Natural or constructed impediments" means a hindrance or obstruction that prevents pedestrian or bicycle access to a major transit stop. Natural or constructed impediments include, but are not limited to, freeways, rivers, mountains, harbors, and bodies of water, but does not include residential structures. sh000ina centers. parkina lots. or rails used for transit.
O. "Specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. The following shall not constitute a specific, adverse impact upon the public health or safety: (1) inconsistency with the zoning or General Plan land use designation, or (2) the eligibility to 19-179
claim a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code.
P. "Unobstructed access" means that the income qualified resident of the housing development is able to walk or bike to from the residence without trespassing or otherwise encounterina natural or constructed impediments.
21.32.025 Costal Act Consistency.
A. California Government Code Section 69515(m) provides that density bonus law shall not be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976.
B. A requested density bonus and any requested incentive, concession, waiver, modification, or modified parking standard shall comply with all applicable standards and use regulations of the certified Local Coastal Program Implementation Plan, with the exception of the development standards waived, reduced, or modified through density bonus provisions. In no case shall the coastal resource protection development regulations of Sections
21.28.040 (Bluff (B) Overlay District), 21.28.050 (Canyon (C) Overlay District), 21.28.015(D) (Waterfront Development), 21.30.015(E)(2) (Development in Shoreline Hazardous Areas) and 21.30.100 (Scenic and Visual Quality Protection), or Chapters 21.30A (Public Access and Recreation) Chapter 21.30B (Habitat Protection) be waived, reduced, or modified.
21.32.030 Eligibility for Density Bonus and Incentives.
A. To be eliaible for a densitv bonus. incentive(s) or concession(s). or waiver or reduction of development standard(s) as provided by this chapter, a housing development or condominium conversion shall include only one (1) of the following requirements and satisfy all other applicable provisions of this Local Coastal Proaram Implementation Plan.
1. A minimum of five (5) percent of the total number of units of a housing development shall be restricted and affordable to very low-income households.
2. A minimum of ten (10) percent of the total number of units of a housing development shall be restricted and affordable to low-income households.
3. A minimum of ten (10) percent of the total units in a for -sale housina development shall be restricted and affordable to moderate -income households provided that all units in the housing development are offered to the public for purchase.
4. One hundred (100) percent of all units in a housing development, exclusive of a manager's unit or units shall be restricted and affordable to lower -income households, except that no more than twenty (20) percent of the units in the housing development, including total units and density bonus units, may be affordable to moderate -income households.
5. A minimum often (10) percent of the total units of a housing development for transitional foster youth, disabled veterans, or homeless persons shall be provided at the same affordability level as very low-income units.
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6. A minimum of twenty (20) percent of the total units of a housing development shall be affordable to lower -income college students.
7. A condominium conversion project where either thirty-three (33) percent of the units converted are affordable to low- or moderate -income households, or fifteen (15) percent of the units converted are affordable to very low- or extremelv low-income households.
8. A senior citizen housina development, as defined in Civil Code Sections 51.3 and 51.12 that has at least thirty-five (35) dwelling units or a mobile home park that limits residency based on age requirements for housing older persons in compliance with Civil Code Sections 798.76 or 799.5.
9. The applicant for a housing development donates at least one (1) acre of land to the City for very low-income units, provided the land has the appropriate General Plan designation, zoning, permits and approvals, and access to public facilities needed for such housing.
B. Housing Development Not Eligible for a Density Bonus, Concession, Incentive, or Waiver.
A housing development shall not be eligible for a density bonus, or any incentive, concession, or waiver of a development standard under this chapter on a parcel containing existing affordable housing unless:
2. The housing development replaces the existing affordable units in accordance with all of the reauirements set forth in Section 21.32.120: and
3. The housing development, inclusive of the units replaced pursuant to this section, contains affordable units at one (1) of the aercentaae levels set forth in Section
21.32.030(A).
21.32.040 General Requirements.
A. Fractional Units. The calculation of a density bonus in compliance with this section that results in fractional units. includina base densitv and bonus densitv. shall be rounded up to the next whole number.
B. Mixed Income Development. If a housing development qualifies for a density bonus under more than one (1) income category; as senior housing; or as housing intended to serve transitional foster youth, disabled veterans, or homeless persons; the applicant shall select only one (1) of the above categories in the application. Density bonuses from more than one (1) category may not be combined.
C. General Plan & Zoning Consistency. The granting of a density bonus, in and of itself, shall not be interpreted as requiring a General Plan amendment, Zoning Map amendment, or other discretionary approval.
D. Financial Incentives. The provisions of this chapter shall not be interpreted to require or limit the City from providing direct financial incentives, including the provision of publicly owned land or the waiver of fees or dedication requirements.
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E. Increased Density Limit. A housing development shall not exceed the cumulative total of base units allowed by the underlying zone and the density bonus units allowed by Section
21.32.050. Incentives. concessions. or development standard waivers shall not be used to increase density.
F. Reduced Density. An applicant for a density bonus may elect to provide a lesser percentage of density increase than what is authorized by Section 21.32.050 including, but not limited to, no increase in density, but shall remain eligible for concessions or incentives, waivers of development standards, and eligible parking requirements provided the project meets the eligibility requirements of this section.
21.32.050 Allowed Density Bonuses.
A housing development that meets one (1) of the eligibility levels in Section 21.32.030 is entitled to a densitv bonus as provided herein.
A. Density Bonus for Very Low-, Low-, and Moderate -Income Households. A housing development that is eligible for a density bonus pursuant to Section 21.32.030(A)(1) through Section 21.32.030(A)(4) is entitled to a density bonus calculated as follows:
TABLE 21.32-1
VERY -LOW. LOW. AND MODERATE
De sity Bonus Percentage
Percentage of
Base
Units Proposed
Very -Low Income
Low Income
Moderate Income
5%
20%
-
-
6%
22.5%
-
-
7%
25%
-
-
8%
27.5%
-
-
9%
30%
-
-
10%
32.5%
20%
5%
11 %
35%
21.5%
6%
12%
38.75%
23%
7%
13%
42.5%
24.5%
8%
14%
46.25%
26%
9%
15%
50%
27.5%
10%
16%
50%
29%
11%
17%
50%
30.5%
12%
18%
50%
32%
13%
19%
50%
33.5%
14%
20%
50%
35%
15%
21 %
50%
38.75%
16%
22%
50%
42.5%
17%
23%
50%
46.25%
18%
24%
50%
50%
19%
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25%
50%
50%
20%
26%
50%
50%
21%
27%
50%
50%
22%
28%
50%
50%
23%
29%
50%
50%
24%
30%
50%
50%
25%
31%
50%
50%
26%
32%
50%
50%
27%
33%
50%
50%
28%
34%
50%
50%
29%
35%
50%
50%
30%
36%
50%
50%
31%
37%
50%
50%
32%
38%
50%
50%
33%
39%
50%
50%
34%
40%
50%
50%
35%
41 %
50%
50%
38.75%
42%
50%
50%
42.5%
43%
50%
50%
46.25%
44%
50%
50%
50%
100%
80%
80%
80%
Notwithstanding the foregoing, a cap on density will not apply if both of the following conditions are met:
1. One hundred (100) percent of the units in a housing development exclusive of manager's units, are restricted and affordable to very -low and low-income households, except that no more than twenty (20) percent of the total units (including density bonus units) in the housina development are restricted and affordable to moderate -income households.
2. The housing development is located within one-half ('/2) mile of a major transit stop with unobstructed access.
B. Density Bonus for Transitional Foster Youth, Disabled Veterans, or Homeless Persons. A housing development that is eligible for a density bonus at the level set forth in Section
21.32.030(A)(5) shall be entitled to a density bonus of twenty (20) percent.
C. Density Bonus for Lower -Income Colleae Students. A student housina development that is eligible for a density bonus at the level set forth in Section 21.32.030(A)(6) shall be entitled to a density bonus of thirty-five (35) percent.
1. All units in the student housing development shall be used exclusively for undergraduate, graduate, or professional students enrolled full-time at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges. 19-183
2. The applicant or property owner shall provide evidence to the City that the housing development shall be subject to an operating agreement or lease with one (1) or more institution of hiaher education that all units shall be exclusivelv occupied by the students of the institution(s).
3. The rent for affordable units shall be calculated at thirty (30) percent of sixty-five (65) percent of the area median income for a single -room occupancy unit.
4. Priority for the affordable units shall be given to lower -income students experiencing homelessness. A homeless service provider, as defined in paragraph (3) of subdivision (e) of Section 103577 of the Health and Safety Code, or institution of higher education that has knowledge of a person's homeless status may verify a person's status as homeless for purposes of this subsection.
5. For purposes of calculating a density bonus granted pursuant to this section, the term "unit" shall mean one (1) rental bed and its pro rata share of associated common area facilities.
D. Density Bonus for Condominium Conversion. A condominium conversion that is eligible for a density bonus pursuant to Section 21.32.030(A)(7) shall be entitled to a density bonus of twenty-five (25) percent provided the condominium conversion meets all of the reauirements in Section 20.32.100.
E. Density Bonus for Senior Housina. A senior housina development that is eliaible for a density bonus pursuant to Section 21.32.030(A)(8) shall be entitled to a density bonus of twenty (20) percent.
F. Density Bonus for donating land for very low-income units. A housing development that includes the donation of land for the development of very low-income housing pursuant to Section 21.32.030(A)(9) shall be entitled to a density bonus calculated as follows:
TABLE 21.32-2
LAND DEDICATED TO ACCOMMODATE VERY LOW-INCOME
Percentage of
Base
Units Proposed
Density Bonus
Percentage
10%
15%
11%
16%
12%
17%
13%
18%
14%
19%
15%
20%
16%
21 %
17%
22%
18%
23%
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19%
24%
20%
25%
21%
26%
22%
27%
23%
28%
24%
29%
25%
30%
26%
31%
27%
32%
28%
33%
29%
34%
30%
35%
Any increase authorized by this subsection may be approved in addition to any increase in density allowed by Section 21.32.030 up to a maximum combined density increase of thirty-five (35) percent.
2. The donated land shall be the greater of:
a. One (1) acre;
b. Sufficient square -footage or acreage to permit development of the percentage of base units proposed; or
c. Sufficient square -footage or acreage to permit development of forty (40) units under the existing General Plan and zoning designation.
3. The existing General Plan and zoning designation of the donated land shall be zoned to accommodate at least thirty (30) dwelling units per acre, and is, or will be, served by adeauate public facilities and infrastructure throuah the construction of the housina development.
4. The land shall be donated and transferred to the Citv or a housina developer that is approved by the City. The applicant shall donate and transfer the land no later than the date of approval of the final subdivision map, or issuance of building permits for the housing development where no subdivision is required.
5. The Citv shall not approve the final subdivision map or issue buildina permits for the housing development unless and until all permits, other than building permits, for the development of very low-income housing have been issued for the donated and transferred land.
6. The donated and transferred land shall be within the boundary of the housing development, or upon approval of the review authority, within one -quarter (1/4) mile of the housing development.
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7. The source of funding for the development of very low-income housing on the donated and transferred land shall be identified not later than the date of approval of the final subdivision maD or issuance of buildina permits for the housina development.
8. The donated and transferred land and the affordable units shall be subject to a deed restriction recorded on the aroaerty at the time of transfer ensurina continued affordability of the units consistent with Section 21.32.130.
21.32.060 Parking Requirements in Density Bonus Projects.
A. Applicability. For a housing development that meets one (1) of the eligibility levels in Section
21.32.030, the applicant may request application of the parking requirements set forth below. An applicant may request additional parking incentives beyond those provided in this section in compliance with Sections 21.32.070 and 21.32.080.
B. Number of Parking Spaces Required.
Parking Ratios. At the request of the applicant, the following minimum parking ratios apply to the housing development:
Dwelling Unit Size
Onsite Parking per
Unit
Studio to 1 Bedroom
1 space
2 to 3 Bedrooms
1.5 s aces
4 or more Bedrooms
2.5 spaces
Within One -Half Mile (1/2) of Maior Transit StoD. Notwithstandina subsection B(1). if a housing development provides at least twenty (20) percent low-income units or eleven (11) percent very low-income units and is located within one-half ('/2) mile of a major transit stop with unobstructed access, then upon the request of the developer, the City may not impose a vehicular parking ratio, inclusive of handicapped and guest parking, that exceeds 0.5 spaces per bedroom.
Zero Parking. Notwithstanding subsection B(1), if a housing development consists solely of rental units affordable to lower income families; then upon the request of the developer, the City may not impose a vehicular parking ratio, inclusive of handicapped and guest parking, if either of the following criteria are met:
a. The housing development is located within one-half ('/2) mile of a manor transit stop with unobstructed access from the housing development; b. The housing development is a for -rent housing development for individuals who are 62 years of age or older that meet the definition in Sections 51.2 and 51.3 of the Civil Code and the housing development has either paratransit service or unobstructed access within one-half ('/2) mile of a fixed bus route that operates at least eight (8) times per day; or
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c. The housing development is either a special needs housing development, as defined in Section 51312 of the Health and Safety Code, or supportive housing development as defined in Section 50675.14 of the Health and Safety Code, and the housing development has either paratransit service or unobstructed access within one-half ('/2) mile of a fixed bus route that operates at least eight (8) times ep r daV.
4. Notwithstanding subsections (13)(2) and (B)(3), the City may impose the parking ratio set forth in subsection (13)(1), if the City or an independent consultant has conducted an areawide or jurisdiction -wide parking study in the past seven (7) years that demonstrates a higher parking ratio is necessary based upon an analysis of parking availability, differing levels of transit access, walkability access to transit services, the potential for shared parking, the effect of parking requirements on the cost of market - rate and subsidized developments, and the lower rates of car ownership for low- income and very low-income individuals, including seniors and special needs individuals-
C. Location of Parking. For purposes of this section, a housing development may provide on - site parking through uncovered or tandem on -site parking.
D. Rounding of Partial Parking Spaces. If the total number of parking spaces required for a housing development is other than a whole number, the number shall be rounded up to the next whole number.
21.32.070 Allowed Incentives or Concessions.
A. Applicant Request and City Approval. The applicant shall include any request for incentive() or concession(s) listed in subsection (C) of this section concurrently with the application for project approval. The applicant shall provide documentation establishing that an incentive or concession is necessary to make the housing units economically feasible.
When an applicant makes a request for an incentive or concession, the review authority shall arant the reauest unless one (1) or more of the followina findinas is made:
The incentive or concession is not required in order to provide affordable housing costs or for rents for the taraeted units to be set as saecified in Section 21.32.130(B):
2. The incentive or concession would have a soecific adverse impact noon Dublic health and safety, or on any real property 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: or
3. The incentive would be contrary to state or federal law.
B. Number of Incentives or Concessions. Except as provided in subsection (A) of this section the review authority shall grant the following number of incentives or concessions:
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1. One (1) incentive or concession for a housing development that includes at least ten (10) percent of the total units for low-income households, at least five (5) percent of the total units for very low-income households, at least twenty (20) percent of the total units for low-income students in a student housing development, or at least ten (10) percent of the total units for moderate -income households in a for -sale housing development.
2. Two (2) incentives or concessions for a housing development that includes at least seventeen (17) percent of the total units for low-income households, at least ten (10) percent of the total units for very low-income households, or at least twenty (20) percent of the total units for moderate -income households in a for -sale housing development.
3. Three (3) incentives or concessions for a housing development that includes at least twenty-four (24) percent of the total units for low-income households, at least fifteen (15) percent of the total units for very low-income households, or at least thirty (30) percent of the total units for moderate -income households in a for -sale housing development.
4. Four (4) incentives or concession for projects that meet the criteria of Section
21.32.030(A)(4). If the housing development is located within one-half ('/2) mile of a maior transit stop with unobstructed access. the housina development is eliaible for a height increase of up to three (3) additional stories, or thirty-three (33) feet.
C. Type of Incentive or Concession. For the purposes of this chapter, "incentive" or "concession" mean any of the following:
1. A reduction in the development standard(s) as that term is defined in Section 21.32.020 that results in identifiable, financially sufficient, and actual cost reductions;
2. A mixed -use project in conjunction with the housing development, if the nonresidential portion of the mixed -use project will reduce the cost of the housing development, is compatible with the residential Dortion of the housina development. and is compatible with adjacent existing or planned development;
3. A reduction or waiver of any City imposed fee or dedication of land, which shall be at the sole discretion of the City Council; and/or
4. Other regulatory incentives that will result in identifiable, financially sufficient, and actual cost reductions.
21.32.080 Waivers or Reductions of Development Standards.
In addition to requesting an incentive or concession, an applicant for a density bonus may also submit a proposal to the City to waive or reduce an unlimited number of development standards that would otherwise preclude or inhibit construction of the housing development at the densities or with the incentives permitted by this chapter.
A. When an applicant makes a request for a waiver, the review authority shall grant the request unless anv of the followina findinas are made:
1. The waiver or reduction of development standards would have a specific adverse impact upon public health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
2. The waiver or reduction of development standards would have an adverse impact on any real property listed in the California Register of Historical Resources.
3. The waiver or reduction of development standards would be contrary to state or federal law.
B. Notwithstanding Section 21.32.080(A), a housing development that is eligible for no cap on density pursuant Section 21.32.050(A) shall only be eligible for a waiver or reduction of development standards as provided in Section 21.32.070(B)(4).
21.32.090 Incentives for Housing with Childcare Facilities.
A. Incentives. A housina development that complies with the income reauirements of Section
21.32.030(A) and includes a childcare facility, other than a large or small family day care home, that will be located on the same site as the development, shall be eligible for either of the followina additional incentives:
1. An amount of residential floor area equal to or greater than the floor area of the childcare facility; or
2. An incentive that contributes to the economic feasibilitv of the childcare facilitv (e.a. reduction of development standards, reduced parking requirements, monetary contribution) as provided in Section 21.32.070(C).
Notwithstanding the foregoing, the City shall not be required to provide a density bonus for a childcare facility if it finds that the community has adequate childcare facilities.
B. Requirements to Qualify for Incentives. The City shall require, as a condition of approval of the housing development, that:
1. The childcare facility shall remain in operation for a period of time that is as long as, or lonaer than. the Deriod of time durina which the densitv bonus units are reauired to remain affordable in compliance with Section 21.32.130; and
2. Of the children who attend the childcare facility, the children of very low-income, low- income, or moderate -income households shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low-income, lower -income, or moderate -income households in compliance with Section
21.30.030(A).
21.32.100 Condominium Conversions.
A. Density Bonus. When an applicant proposes to convert apartments to condominiums, which meet the eligibility level in Section 21.32.030(A)(7), the City shall grant either a density bonus of up to twenty-five (25) percent pursuant to Section 21.32.050(D) to create additional units on the proiect site or other incentive of eauivalent financial value provided:
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1. The applicant agrees to pay for the reasonably necessary administrative costs, including, but not limited to, staff costs, consultant fees, photocopy costs, and mailing fees, incurred by the City;
2. The City places such reasonable conditions on the granting of a density bonus or other incentives of equivalent financial value as it finds appropriate, including, but not limited to. conditions which assure continued affordabilitv of units to subseauent very low-. low - and moderate -income households.
B. Replacement Units. All units within the condominium conversion shall meet the replacement requirements in Section 21.32.120.
C. Ineligible Requests. Apartments which are proposed for conversion to condominiums shall be ineligible for a density bonus or other incentive under this section if the apartments were previously aranted a densitv bonus. concession. incentive. or waiver or reduction of development standards.
D. Preapplication Process. An applicant may submit a preliminary application to the City for the condominium conversion on a form provided by the Director prior to the submittal of an application under Chapters 19.08 and 19.64. Within ninety (90) days of receipt of the preliminary application, the City shall notify the applicant in writing whether the application is eligible for a condominium conversion pursuant to this section.
E. Approval. An application for condominium conversion shall meet the requirements set forth in Chapter 19.64. Nothing in this section shall be construed to require the City to approve an application for a condominium conversion.
21.32.110 Design and Distribution of Affordable Units.
Affordable units shall be designed and distributed within the housing development as follows:
A. Number of Bedrooms. Affordable units shall reflect the ranae of numbers of bedrooms provided in the residential development project as a whole:
B. Comparable Quality and Facilities. Affordable units shall constructed to the same quality and exterior design as the market -rate housing units. Additionally, the affordable units shall include the same laundry, recreation and other facilities that are made available to the market -rate housing units;
C. Access. In mixed -income multi -unit structures. the occupants of the affordable units shall have the same access to common entrances and any common areas including parking areas in that structure as the occupants of the market -rate housing units; D. Size. Affordable units may be smaller and have different interior finishes and features than the market -rate units: and
E. Location. Affordable units shall be distributed within the residential development, unless clusterina is allowed by the review authoritv. Notwithstandina. in a mixed -income multi -unit 19-190
structure, affordable units shall not be isolated to a specific floor or an area of a specific floor.
21.32.120 Replacement Units.
An application for a density bonus on any property with existing rental dwelling units or rental dwelling units that were vacated or demolished within the five (5) years preceding the application; and are, or were, subject to a recorded covenant that restricts rents to very low - or low-income households; or are, or were, occupied by very low- or low-income household(s) shall be subject to all of the following requirements:
A. Occuaied Units. For rental dwellina units that are occupied on the date of the application the housing development shall provide at least the same number of affordable units of equivalent size at affordable rent or affordable housing cost to, and occupied by, persons or families in the same or lower income cateaory as the existina occupants.
B. Vacant or Demolished Units. For rental dwelling units that have been vacated or demolished within the five (5) years preceding the application, the housing development shall provide at least the same number of affordable units of equivalent size as existed at the highest occupancy point for those units in the five (5) years preceding the application at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower -income category as the persons or families that occupied the units immediately preceding the vacancy or demolition.
C. Unknown Household Income. If the income of the existina occupants or occupants within the past five (5) years is unknown to the City or the applicant, it shall be rebuttably presumed that the rental dwellings units were occupied by low-income and very low-income renter households as determined by the most recently available data from the United States Department of Housing and Urban Development's Comprehensive Housing Affordability Strategy database.
21.32.130 Continued Availability.
The units that qualified the housing development for a density bonus and other incentives shall continue to be available as affordable and/or senior units in compliance with the following requirements:
A. Duration of Availability. The applicant shall record a covenant on the property that the units that qualified the housing development for a density bonus and other incentives are restricted as affordable units for at least fifty-five (55) years, or a longer time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program.
B. Affordable Costs. The rents and owner -occupied costs charged for the housing units shall not exceed the followina amounts durina the oeriod of continued availabilitv reauired by this section:
1. Rental Units. Rents for density bonus units shall be set at an affordable rent as defined in Health and Safety Code Section 50053; and
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2. Owner -Occupied Units. Owner -occupied units shall be available at an affordable housing cost as defined in Health and Safety Code Section 50052.5.
21.32.140 Occupancy and Resale of Ownership Units.
A housing development that includes for -sale units that are restricted and affordable to moderate -income households shall limit the occuaancv and resale of the units as set forth in this section.
A. Initial Occupancy. A for -sale unit, which qualified the applicant for the award of the density bonus, shall meet either of the following requirements:
1. The unit is initially occupied by a very low-, low-, or moderate -income household, offered at an affordable housing cost as defined in Section 50052.5 of the Health and Safety Code, and subject to an equity sharing agreement; or
2. The unit is purchased by a qualified nonprofit housing corporation pursuant a contract that is recorded on the property, and all of the following are satisfied:
a. The nonprofit housing corporation is organized pursuant to Internal Revenue Code Section 501(c,(3) and has received a welfare exemption under Revenue and Taxation Code Section 214.15 for properties intended to be sold to low-income families who participate in a special no -interest loan program; b. The contract restricts the use of the land for at least thirty (30) years to owner - occupied housing that is available at an affordable housinq cost; c. The contract includes a deed of trust on the orooerty in favor of the nonprofit corporation to ensure compliance with the terms of the program, which has no value unless the owner fails to comply with the covenants and restrictions of the terms of the home sale;
d. The Citv Attornev finds that the Iona -term deed restrictions in the contract serve a public purpose;
e. A repurchase option that requires a subsequent purchaser of the property that desires to sell or convey the property to offer the qualified nonprofit corporation the right to repurchase the property prior to selling or conveying that property to any other purchaser; and
f. Affordability restrictions on the sale and conveyance of the property that ensure that the property will be preserved for lower income housing for at least forty-five (45) years for owner -occupied housing units and will be sold or resold only to very low-, low-. or moderate -income households.
B. Resale. As part of the affordable housing agreement required pursuant to Section
21.32.160, the applicant shall enter into an equity sharing agreement with the City for the resale of affordable common interest units, unless it would be in conflict with the requirements of another public funding source or law. In lieu of an equity sharing agreement, 19-192
the housing project could sell the units to a nonprofit housing corporation pursuant to Section 21.32.140(A)(2). The following requirements apply to the equity sharing agreement:
1. Upon resale, the seller of the unit shall retain the value of any improvements, the down Payment, and the seller's proportionate share of appreciation; and
2. The City shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within five (5) years for any of the purposes described in Health and Safety Code Section 33334.2(e) that promote home ownership. For the purposes of this section:
a. The City's initial subsidy shall be equal to the fair market value of the home at the time of initial sale, minus the initial sale price, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value;
b. The City's proportionate share of appreciation shall be equal to the ratio of the initial subsidv to the fair market value of the home at the time of initial sale: and c. The initial subsidy shall include any incentives granted by the City and shall be equal to the monetary eauivalent of the incentives.
21.32.150 Approval Process.
An applicant requesting a density bonus, incentive, concession, or waiver pursuant to this chapter shall require approval of an Affordable Housing Implementation Plan pursuant to Sections 20.50.030 and 20.52.015.
21.32.160 Affordable Housing Agreement.
The applicant approved for a density bonus, concession, incentive, or waiver under this chapter shall agree to construct, operate and maintain the affordable units in accordance with an affordable housing agreement. The affordable housing agreement shall be executed in a recordable form prior to the issuance of a building permit for any portion of a housing development subject to the requirements of this chapter. The affordable housing agreement shall be bindina uaon all future owners and successors in interest.
A. Review. The terms of the affordable housing agreement shall be reviewed and revised as appropriate by the Director and City Attorney.
B. Fees. The City may establish fees associated with the setting up and monitoring of the affordable units.
C. Contents. The affordable housina aareement shall include at least the followina:
Identification of Affordable Units. Affordable units shall be identified by address and legal description, type (floor area, number of bedrooms/baths, unit size, etc.), and designated household income category. The affordable housing agreement shall also identify the 19-193
total number of affordable units and total number of units approved for the housing development.
2. Term of Affordability. Unless specified elsewhere in this chapter a minimum term of fifty- five (55) years of the specified affordability shall be required. Such reservation period shall beain on the date a certificate of occupancv is aranted for the affordable units.
3. Maximum Allowable Rent or Sales Price.
a. Rental Housing Developments. In the case of rental housing developments, the affordable housina aareement shall Drovide for the followina conditions aovernina the use of the affordable housing units during the use restriction period:
i. The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies, and maintaining the affordable units for qualified tenants. ii. Provisions requiring owners to verify tenant incomes and maintain books and records to demonstrate compliance with this chapter.
iii. Provisions requiring owners to submit an annual report to the City, which includes the name, address and income of each person occupying each affordable unit, and which identifies the bedroom size and monthly rent or cost of each affordable unit.
iv. A maximum rent schedule shall be submitted to the City prior to the issuance of an occupancy permit for the affordable units, and updated annually on the anniversary date of occupancy.
v. Total move -in costs for eligible tenants occupying affordable units shall be limited to first month's rent plus a security/cleaning deposit not to exceed one month's rent.
vi. When a tenant occupying an affordable unit no longer qualifies under the income requirements, verified through the monitoring program required as part of the affordable housing agreement, that tenant may then be charged market rate rent.
If this occurs, any currently vacant unit of similar type to the affordable unit in question shall then be designated as an affordable unit, and the owner shall immediately attempt to secure tenants in accordance with this chapter. The owner is required to maintain at all times during the use restriction the minimum number of affordable units identified in the affordable housina aareement. vii. No subletting or short-term occupancy of designated affordable units shall be allowed.
b. Ownership Projects. In the case of for -sale housing developments, as a condition of approval of the housing development, the City shall require an affordable housing agreement that includes the following conditions governing the initial sale and use of affordable units durina the aaDlicable use Deriod:
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i. Affordable units shall, upon initial sale, be sold to eligible very low- and low-income households at an affordable sales price and housing cost, or to qualifying residents in the case of a senior citizen housing development. ii. Affordable units shall be initially owner -occupied by eligible very low- or low- income households, or by qualifying residents in the case of a senior citizen housing development.
iii. The initial purchaser of each affordable housing unit shall execute an instrument or agreement approved by the City restricting the sale of the affordable housing 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 housing unit and shall contain such provisions as the City may require to ensure continued compliance with this chapter and State Density Bonus Law. iv. The affordable housing agreement shall stipulate that, when the terms of affordability expire on an affordable unit, the City and/or a non-profit housing organization shall have a first right of purchase option sixty (60) days prior to the affordable unit being advertised on the market.
v. Rental of affordable units shall not be allowed.
vi. When an eauitv sharina aareement is reauired by this chanter, the affordable housing agreement shall specify the equity sharing agreement comply with Section 21.32.140.
4. Monitoring of Compliance to Agreement. A monitoring program shall be required, specifying the party responsible for certifying tenant incomes and sales price, maintainina the reauired number of affordable units for the aroaerty. marketina and fillina unit vacancies.
5. Remedies. Description of remedies for breach of the affordable housing agreement by either party (the City may identify tenants or qualified purchasers as third -party beneficiaries under the aareement).
6. Description of Density Bonus. A description of the incentives and/or concessions, if an being provided by the City.
7. Schedule. A schedule for completion and occuoancv of the affordable units.
8. Other Provisions. Other provisions to ensure implementation and compliance with this chapter.
Section 3: Section 21.70.020 (Definitions of Specialized Terms and Phrases) of Title 21 (Local Coastal Program Implementation Plan) of the NBMC is amended to include the following definitions with all other definitions to remain unchanged:
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"Density•• • 21.32.020.
_ _ _ _ ever the maximurn density etheRvise
allowed by the appliGable
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"Extremely low-income household" means persons and families whose income does not exceed thirty (30) percent of the area median income for Orange County, as published by the California Department of Housing and Community Development, adjusted for family size and revised annually.
"Low-income household" means persons and families whose income is greater than fifty (50) percent but does not exceed eighty (80) percent of the area median income for Orange County, as published by the California Department of Housing and Community Development, adjusted for family size and revised annually. a household wh se-iRc^me is betWeeR fifty (50) perGeRt and eighty (80) perGeRt ef tl4e Orange COURty median ORGenle ("Area median ORGerne"), adjusted fe aGtual household size, as determined by the GaliferRia Depal4FReRt Of HE)USORg and GeFnFnu4i�y Develepmep,t.
"Moderate -income household" means persons and families whose income is greater than eighty (80) Dercent but does not exceed one hundred twentv (120) Dercent of the area median income • • •- • • @Rl M ITT@ 0 STE NTZKW R • PBOMMMME M ma • • WOMMMO Development, adiusted for familV size and revised annually. a household whose ORGOFRE? G hfit •• I niarnant ond nnn hundrind I Ainnfiz 1100 1 nnrninrif nffhn "Very low-income household" means persons and families whose income is greater than thirt (30) aercent but does not exceed fiftv (50) Dercent of the area median income for Oranae Count\ family size • revised annually. a household whose•
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