Chapter 17.50
DENSITY BONUS AND OTHER DEVELOPER INCENTIVES

Sections:

17.50.010    Purpose And Intent

17.50.020    Eligibility For Density Bonus And Other Incentives

17.50.030    Types Of Density Bonus And Other Incentives Allowed

17.50.040    Location Of Bonus Units

17.50.050    Continued Availability

17.50.060    Process And Conditions Of Approval

17.50.010 Purpose And Intent:

This chapter is intended to provide incentives for the production of housing for very low, lower income, or senior households and the development of childcare facilities. In enacting this chapter, it is the intent of the city of Greenfield to facilitate the development of affordable housing and to implement the goals, objectives, and policies of the city’s housing element. Other developer incentives refer to density incentives that developers can choose to incorporate in their project if they meet specific criteria which implement the goals, objectives, and policies of the city’s general plan. (Ord. 473 §3, 2007)

17.50.020 Eligibility For Density Bonus And Other Incentives:

The city of Greenfield shall either grant a density bonus and concessions or incentives as set forth in section 17.50.030, "Types Of Density Bonus And Other Incentives Allowed", of this chapter or provide other incentives or concessions of equivalent financial value based upon the land cost per dwelling unit, when the applicant for the housing development seeks to construct at least anyone of the following:

A.    Ten percent (10%) of the total units of a housing development for low income households; and

B.    Five percent (5%) of the total units of a housing development for very low income households; and

C.    A senior citizen housing development; and

D.    Ten percent (10%) of the total dwelling units in a condominium project as defined in subdivision (f), or in a planned development as defined in subdivision (k), of section 1351 of the Civil Code, for persons and families of moderate income. (Ord. 473 §3, 2007)

17.50.030 Types Of Density Bonus And Other Incentives Allowed:

A.    Project Specific Density Bonus: A housing development that satisfies all applicable provisions of this chapter shall be entitled to the following density bonus:

1.    For developments providing lower income target units, a twenty percent (20%) base density bonus plus a one and one-half percent (1 1/2%) supplemental increase over that base for everyone percent (1%) increase in low income units above ten percent (10%). The maximum density bonus allowed including supplemental increases is thirty five percent (35%);

2.    For developments providing very low income target units, a twenty percent (20%) base density bonus plus a two and one-half percent (2 1/2%) supplemental increase over that base for everyone percent (1%) increase in very low income units above five percent (5%). The maximum density bonus allowed including supplemental increases is thirty five percent (35%);

3.    For senior developments, a flat twenty percent (20%) density bonus; and

4.    For condominium/PD developments providing moderate income target units a five percent (5%) base density bonus plus a one percent (1%) increase in moderate income units above ten percent (10%). The maximum density bonus allowed including supplemental increases is thirty five percent (35%).

B.    Number Of Other Incentives Or Concessions: In addition to the eligible density bonus percentage described above, an applicant may request the following incentives or concessions in connection with its application for a density bonus:

1.    One incentive or concession for housing developments that include at least ten percent (10%) of the total units for lower income households, at least five percent (5%) for very low income households, or at least ten percent (10%) for persons or families of moderate income in a condominium or planned development; and

2.    Two (2) incentives or concessions for housing developments that include at least twenty percent (20%) of the total units for lower income households, at least ten percent (10%) for very low income households, or at least twenty percent (20%) for persons or families of moderate income in a condominium or planned development; and

3.    Three (3) incentives or concessions for projects that include at least thirty percent (30%) of the total units for lower income households, at least fifteen percent (15%) for very low income households, or at least thirty percent (30%) for persons or families of moderate income in a condominium or planned development.

C.    Available Incentives And Concessions: The following incentives and concessions are available for compliance with this chapter:

1.    A reduction in the site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California building standards commission as provided in part 2.5 section 18907 of division 13 of Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in ratio of vehicle parking spaces that would otherwise be required and that results in identifiable, financially sufficient, and actual cost reductions;

2.    Approval of mixed use development in conjunction with the housing development if the nonresidential land uses will reduce the cost of the housing development, and the nonresidential land uses are compatible with the housing development and surrounding development;

3.    Other regulatory incentives or concessions proposed by the applicant or that the city determines will result in identifiable, financially sufficient, and actual cost reductions; and

4.    Priority processing of a housing development that provides income restricted units.

D.    Denial Of Request For Incentives Or Concessions: The city shall grant incentive(s) or concession(s) requested by the applicant unless the city makes a written finding, based upon the substantial evidence, of either of the following:

1.    The incentive or concession is not required in order to provide for affordable housing costs or affordable rents; and

2.    The incentive or concession would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of section 65589.5 of the California Government Code, upon public health and safety or physical environment or any real property that is listed in the California Register of Historical Resources and for which the city determines 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.

E.    Development Incentive For Donation Of Land:

1.    An applicant for a tentative subdivision map, parcel map, or other residential development approval who donates land to the city in accordance with section 65915(h) of the California Government Code shall receive a fifteen percent (15%) base development incentive plus a one percent (1%) supplemental increase over that base for everyone percent (1%) increase in land donated above the minimum ten percent (10%). The maximum density bonus allowed including supplemental increases is thirty five percent (35%).

2.    An applicant shall only be eligible to receive the development incentive described in this subsection if all the conditions listed in section 65915(h) (2) (A)-(F) are met.

3.    Nothing in this subsection shall be construed to enlarge or diminish the authority of the city to require a developer to donate land as a condition of development.

F.    Additional Density Bonus And Incentives Or Concessions For Development Of A Childcare Facility:

1.    Housing developments meeting the requirements of section 17.50.020 of this chapter and including a childcare facility that will be located on the premises of, as part of, or adjacent to, the housing development shall receive either of the following:

a.    An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the childcare facility.

b.    An additional incentive or concession that contributes significantly to the economic feasibility of the construction of the childcare facility.

2.    The density bonus housing agreement for the housing development shall ensure that:

a.    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 target units are required to remain affordable; and

b.    Of the children who attend the childcare facility, the children of very low income households, low income households, or persons or families of moderate income shall equal a percentage that is equal to or greater than the percentage of target units that are required pursuant to section 17.50.020, "Eligibility For Density Bonus And Other Incentives", of this chapter.

3.    The city shall not be required to provide a density bonus or incentive or concession for a childcare facility if it makes a written finding, based upon substantial evidence, that the community has adequate childcare facilities.

G.    General Provisions Related To Density Bonuses And Incentive And Concessions:

1.    All density calculations resulting in fractional units shall be rounded up to the next whole number.

2.    The granting of a density bonus shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval.

3.    The density bonus shall not be included when determining the number of housing units that is equal to five (5) or ten percent (10%) of the total.

4.    Upon request by the applicant, the city shall not require that a housing development meeting the requirements of section 17.50.020 of this chapter provide a vehicular parking ratio, inclusive of handicapped and guest parking that exceeds the following:

a.    Zero to one bedroom: One on site parking space.

b.    Two (2) to three (3) bedrooms: Two (2) on site parking spaces.

c.    Four (4) and more bedrooms: Two and one-half (2 1/2) 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. For purposes of this subsection, a development may provide "on site parking" through tandem parking or uncovered parking, but not through on street parking.

5.    The city shall not apply any development standard that would have the effect of precluding the construction of a housing development meeting the requirements of section 17.50.020 of this chapter at the densities or with the incentives permitted by this section. An applicant may submit to the city a proposal for the waiver or reduction of development standards. Nothing in this subsection, however, shall be interpreted to require the city to waive or reduce development standards if the waiver or reduction would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of section 65589.5 of the California Government Code, upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which the city determines there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. Furthermore, the applicant shall be required to prove that the waiver or modification is necessary to make the target units economically feasible. (Ord. 473 §3, 2007)

17.50.040 Location Of Bonus Units:

As required by state law (see California Government Code section 65915(j)), the location of density bonus (inclusionary) units shall be reasonably dispersed throughout the development (where feasible), shall contain on average the same number of bedrooms as the noninclusionary units in the development, and shall be indistinguishable from the noninclusionary units in terms of design, appearance, materials, and finish quality. (Ord. 473 §3, 2007)

17.50.050 Continued Availability:

A.    If a housing development providing lower or very low income target units receives only a density bonus, the target must remain restricted to lower or very low income households for a minimum of fifty (50) years from the date of issuance of the certificate of occupancy.

B.    If a housing development providing low or very low income target units receives both a density bonus and an additional incentive, the target units must remain restricted to low or very low income households for a minimum of fifty (50) years from the date of issuance of the certificate of occupancy.

C.    In the case of a housing development providing moderate income target units, the initial occupant of the target unit must be a person or family of moderate income. Upon resale, the seller of the target units shall retain the value of any improvements, the down payment, and the seller’s proportionate share of appreciation, which shall be used within three (3) years for any of the purposes described in subdivision (e) of section 33334.2 of the California Health and Safety Code that promote homeownership. The city’s "proportionate share" shall be equal to the percentage by the initial sale price to the moderate income household was less than the fair market value of the home at the time of the initial sale. (Ord. 473 §3, 2007)

17.50.060 Process And Conditions Of Approval:

The density bonus request shall be considered by the city council along with the required density bonus agreement after the designated approving authority approves any necessary permits. The city shall determine the density bonus agreement form and content. (Ord. 473 §3, 2007)