Chapter 17.70
DENSITY BONUSES
Sections:
17.70.030 Definition of density bonus.
17.70.040 Density bonus application.
17.70.050 Review and approval.
17.70.060 Financial contribution.
17.70.070 Density bonus for child care facility.
17.70.010 Purpose.
The purpose of this chapter is to implement state law requirements for density bonuses in saleable or rental residential projects which provide housing for persons and families of low or moderate income, as defined by Section 50093 of the Health and Safety Code. (Ord. 90-02 §2(part), 1990).
17.70.020 Bonus requirements.
An incentive of equivalent financial value or density bonus of twenty-five percent over the maximum density specified by the base zone district shall be granted for residential projects of five or more units in which at least twenty-five percent of the units are affordable to persons and families of low or moderate income, ten percent of the units are affordable to lower income households, or fifty percent of the total dwellings of a housing development for qualifying residents, as defined in Section 51.2 of the Civil Code. Only one of the above density bonuses may apply to a qualifying project. (Ord. 90-02 §2(part), 1990).
17.70.030 Definition of density bonus.
A density increase of at least thirty-five percent over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan. The density bonus shall not be included when determining the number of housing units which is equal to ten or twenty-five percent of the total. The density shall apply to housing developments consisting of five or more dwelling units. (Ord. 17-01 §2, 2017: Ord. 90-02 §2(part), 1990).
17.70.040 Density bonus application.
No bonus shall be granted until an application for a density bonus has been submitted and approved. An application for density bonus shall include the following:
A. Name and address of applicant;
B. Name and address of property owner(s);
C. Assessor’s parcel number;
D. Legal description;
E. A site plan consistent with the requirements of Section 17.42.030;
F. A narrative description of the proposed development as follows:
1. Total number of dwelling units per acre,
2. Number of dwelling units to be made available to persons of low and moderate income or to lower income households, if applicable,
3. Method of maintaining the affordability of the units described,
4. Building coverage expressed as a percent of the total area of the property,
5. Amount of area devoted to landscaping or usable open space as a percent of the total area of the property. (Ord. 90-02 §2(part), 1990).
17.70.050 Review and approval.
Approval of a density bonus shall require the approval of the Kerman planning commission and city council. Where a discretionary permit or rezoning is required for the project in which the density bonus is to apply, the application may be considered part of that permit or rezoning request and reviewed and approved in conjunction with that permit or rezoning. A public hearing as specified in Chapter 17.10 shall be held on this matter. (Ord. 90-02 §2(part), 1990).
17.70.060 Financial contribution.
Instead of a density bonus, the city can consider a direct financial contribution to a housing development through participation in cost of infrastructure, write-down of land costs, or subsidizing the cost of construction. If a contribution is provided by the city, the city shall assure that the availability of the low- and moderate-income units within the housing development shall be available for thirty years. An agreement shall specify the mechanisms and procedures necessary to carry out this time requirement. (Ord. 90-02 §2(part), 1990).
17.70.070 Density bonus for child care facility.
A qualifying affordable housing development that includes a child care facility that will be located on the premises of, as part of, or adjacent to the project shall be granted by the city as 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 child care facility.
B. An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility. (Ord. 17-01 §3, 2017).