Chapter 14.09.210
Affordable Housing, Density Bonuses, And Incentives
Sections:
14.09.210.030 References to State Law.
14.09.210.050 Submittal Requirements.
14.09.210.070 Required Findings.
14.09.210.080 Additional Bonuses.
14.09.210.090 Agreements and Compliance.
14.09.210.100 Sites Included in Two or More Consecutive Housing Element Cycles.
14.09.210.010 Purpose.
The purpose of this chapter is to implement State Government Code Section 65906 et seq., as may be amended (State Density Bonus Law). This chapter also intended to incentivize development of affordable housing and implement the provisions of the City’s General Plan Housing Element that promote construction of dwellings affordable to moderate, low, and very-low income households by granting density bonuses.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.210.020 Applicability.
This chapter shall be applicable in all zoning districts that allow residential uses.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.210.030 References to State Law.
This chapter references Chapter 4.3 of California Planning and Zoning Law, California Government Code Division 1, Title 7, relating to density bonuses. All references to a state code or statute shall refer to that statute. Terms used in this chapter shall have the meanings as set forth in the State Density Bonus Law.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.210.040 Procedure.
A. Concurrent Review. The applicant for a density bonus shall submit the request to the Director of Community Development in conjunction with the application for planned development, design review, or other application necessary for the housing development.
B. Completeness Review. The Director of Community Development shall notify the applicant for a density bonus whether the application is complete in accordance with the procedures found in Chapter 14.09.030 of this code, Common Procedures. If the Director of Community Development notifies the applicant that the application is deemed complete, the Director of Community Development shall include the information required by California Government Code Section 65915.
C. Any determination under this section shall be based on the development project at the time the application is deemed complete. The decision maker shall adjust the amount of density bonus and parking ratios awarded pursuant to this chapter based on any changes to the project during the course of development. (Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.210.050 Submittal Requirements.
The applicant for a density bonus shall submit the items listed below, in addition to and in conjunction with the submittal requirements for the housing development application.
A. Density Bonus Description. A detailed description of the requested density bonus, including:
1. The density and maximum number of dwelling units possible under the existing zoning without a density bonus.
2. The percentage increase and number of dwelling units requested above the maximum allowable density.
3. The number and percentage of dwelling units proposed by income level.
4. Any proposed occupancy restrictions, such as restrictions to occupancy by seniors or to special needs tenants, and whether the units are proposed to be offered for sale or for rent.
5. The method proposed to guarantee the proposed affordability levels, such as proposed deed restrictions.
B. Concessions and Incentives. If the applicant requests concessions or incentives, as defined in California Government Code Section 65915(k), the application shall include:
1. A detailed description of the requested concessions or incentives.
2. All documentation the applicant wishes to rely on to show how the incentive or concession would result in identifiable and actual cost reductions necessary to meet affordability levels as opposed to the project without the concessions or incentives.
C. Waivers and Reductions. If the applicant requests a waiver or reduction of any development standard based on an assertion that the development standard physically precludes the construction of a qualifying affordable housing development per California Government Code Section 65915(e), include the following:
1. A detailed description of the requested waiver or reduction of development standards.
2. All documentation the applicant wishes to rely on to show how the development standards physically preclude the construction of the qualified affordable housing development.
3. All documentation the applicant wishes to rely on to show that the waiver or reduction would not have a specific adverse impact, as defined in California Government Code Section 65589.5(d)(2), upon health, safety or the physical environment, including proposed mitigation or avoidance measures.
D. Parking Ratios. If the applicant requests parking ratios pursuant to California Government Code Section 65915(p), then include the following:
1. The requested parking ratio.
2. Information on the number of dwelling units and number of bedrooms in each dwelling unit.
3. If the application requests parking ratios per California Government Code Section 65915(p)(2) or (3), evidence to show the proposal meets the criteria in those sections, including the distance to the nearest major transit stop, information on access to and any impediment to that transit stop from the housing development, information on the service provided at the transit stop, paratransit service available and its frequency, and any occupancy restrictions proposed.
E. Response to Criteria. Citations to the legal standards and criteria upon which the density bonus, concession, incentive, waiver, reduction in development standards, or parking ratio is requested and an explanation, evidence, and findings showing how the applicant contends the proposal meets the applicable standards and criteria.
F. Fees. Fees as established by City Council resolution.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.210.060 Decision Maker.
A. Director or Planning Commission. Where the Director of Community Development or Planning Commission is otherwise authorized to approve the subject housing development application, that decision maker is also authorized to consider and take action on the associated applications for density bonuses, concessions and incentives, reduction in development standards, and parking ratios listed below. The density bonus review shall occur concurrently and on the same timelines as the housing development application review.
1. A density bonus that is less than or equal to the minimum density bonus required to be granted by state law for the number and affordability level of dwelling units and that increases the maximum allowable density by 30 percent or less.
2. Parking ratios pursuant to California Government Code Section 65915(p).
3. Decreases in minimum standards and increases in maximum standards as listed in Chapter 14.09.320 of this code, Variances.
4. An increase in maximum building height by up to 10 feet.
5. An increase in maximum site coverage by up to 10 additional percent coverage.
B. City Council. Any other density bonus, concession and incentive, or reduction in development standards requested shall be subject to City Council review at a public hearing. The housing development application and density bonus application shall first be referred to the Planning Commission for review and recommendation. The request shall be referred to the City Council within 60 calendar days following the Planning Commission’s recommendation.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.210.070 Required Findings.
A. The decision maker shall review the density bonus request and may approve, approve with conditions or modifications, or deny the request based on the applicable standards and criteria found in the state density bonus law. The decision maker shall adopt findings supporting the decision.
B. If the application qualifies for a concession or incentive, the decision maker shall grant the concession or incentive unless it makes a written finding, based upon substantial evidence, of any of the following, or other criteria established by state law:
1. The concession or incentive does not result in identifiable and actual cost reductions, consistent with California Government Code Section 65915(k), to provide for affordable housing costs, as defined in California Health and Safety Code Section 50052.5, or for rents for the targeted units to be set as specified in California Government Code Section 65915(c).
2. The concession or incentive would have a specific, adverse impact, as defined in California Government Code Section 65589.5(2)(d), upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low-income and moderate-income households.
3. The concession or incentive would be contrary to state or federal law.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.210.080 Additional Bonuses.
The City Council may, at its own discretion, approve density bonuses, concessions, and incentives in addition to the minimum required in state law, provided the Council finds the following:
A. The application provides affordable housing beyond the minimum percentages listed in state law.
B. The additional density bonus, concession or incentive is proportional to the increase in affordable housing provided beyond the minimum percentages provided in state law.
C. The additional density bonus, concession or incentive would not result in significant effect on the environment as defined in the California Environmental Quality Act.
D. The proposal otherwise meets the criteria applicable to the development application.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.210.090 Agreements and Compliance.
To ensure that the units remain available and affordable as described in the approved density bonus application, the applicant shall enter into a density bonus housing agreement with the City and record a deed restriction on the property. The density bonus housing agreement shall be recorded prior to final or parcel map approval, or, where the housing development does not include a map, prior to issuance of a building permit for any structure in the housing development. The density bonus housing agreement shall run with the land and bind on all future owners and successors in interest. The agreement shall follow a form determined by the Vacaville Director of Housing Services and be approved by the City Attorney. Where allowable by law, the agreement may require payment of a fee to cover the cost of monitoring compliance with the agreement.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.210.100 Sites Included in Two or More Consecutive Housing Element Cycles.
A. Pursuant to Government Code Section 65583.2(c), any nonvacant sites identified in the fifth Housing Element cycle (2015-2022) or vacant sites identified in two or more consecutive planning periods shall be provided by-right development when at least 20 percent of the units in the proposed development are affordable to lower-income households.
B. Housing by right is permitted on the following four Residential High Density properties when at least 20 percent of the units are affordable to lower-income households:
1. 681 Markham (APN 129-202-010).
2. Leisure Town Road Apartments (1) (APN 134-020-210).
3. Leisure Town Road Apartments (2) (APN 134-056-010).
4. Vanden Townhome Site (APN 136-080-040).
C. These properties are illustrated on the maps on the following pages:
MARKHAM AVENUE SITES – NORTH
LEISURE TOWN APARTMENTS SITE
VANDEN TOWNHOME SITE
(Ord. 1984, Added, 07/25/2023)