19.90.040 Standard incentives for new residential construction.
A. The decision-making body shall grant one density/FAR bonus, as specified in subsection (B) of this section, and/or incentives or concessions, as set forth in CVMC 19.90.050, when a developer of a housing development of at least five units seeks and agrees to construct at least any one of the following. The density/FAR bonus units shall not be included when determining the total number of target units in the housing development. Affordable housing units provided under the City’s General Plan Housing Element Balanced Communities Affordable Housing Policy may be counted toward the requirements of this chapter.
1. Low Income Households. A minimum of 10 percent of the total units of the housing development as restricted and affordable to low income households;
2. Very Low Income Households. A minimum of five percent of the total units of the housing development as restricted and affordable to very low income households;
3. Senior Citizens. A senior citizen housing development or mobilehome park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the California Civil Code. There is no requirement for the affordability of the units for very low, low or moderate income households; or
4. Moderate Income Households. A minimum of 10 percent of the total units in a common interest development restricted and affordable to moderate income households; provided, that all units in the development are offered to the public for purchase.
B. Density/FAR Bonus. When a developer seeks and agrees to construct a housing development meeting the criteria specified in subsection (A) of this section, the decision-making body shall grant a density/FAR bonus subject to the following:
1. The amount of density/FAR bonus to which a housing development is entitled shall vary. The density/FAR bonus may be increased according to the percentage of affordable housing units provided above the minimum percentages established in subsection (A) of this section, but shall not exceed 35 percent, except in accordance with subsection (D) of this section:
a. Low Income Households. For housing developments meeting the criteria of subsection (A)(1) of this section, the density/FAR bonus shall be calculated as follows:
|
Percentage (%) of Low Income Units (Minimum 10% required) |
Percentage (%) of Density/FAR Bonus to Be Granted (Additional 1.5% bonus for each 1% increase above the 10% minimum) |
|---|---|
|
10 |
20 |
|
11 |
21.5 |
|
12 |
23 |
|
13 |
24.5 |
|
14 |
26 |
|
15 |
27.5 |
|
16 |
29 |
|
17 |
30.5 |
|
18 |
32 |
|
19 |
33.5 |
|
20 |
35 |
b. Very Low Income Households. For housing developments meeting the criteria of subsection (A)(2) of this section, the density/FAR bonus shall be calculated as follows:
|
Percentage (%) of Very Low Income Units (Minimum 5% required) |
Percentage (%) of Density/FAR Bonus to Be Granted (Additional 2.5% bonus for each 1% increase above the 5% minimum) |
|---|---|
|
5 |
20 |
|
6 |
22.5 |
|
7 |
25 |
|
8 |
27.5 |
|
9 |
30 |
|
10 |
32.5 |
|
11 |
35 |
c. Senior Citizens. For housing developments meeting the criteria of subsection (A)(3) of this section, the density/FAR bonus shall be 20 percent.
d. Moderate Income Households in a Common Interest Development. For housing developments meeting the criteria of subsection (A)(4) of this section, the density/FAR bonus shall be calculated as follows:
|
Percentage (%) of Moderate Income Units (Minimum 10% required) |
Percentage (%) of Density/FAR Bonus to Be Granted (Additional 1% bonus for each 1% increase above the 10% minimum) |
|---|---|
|
10 |
5 |
|
11 |
6 |
|
12 |
7 |
|
13 |
8 |
|
14 |
9 |
|
15 |
10 |
|
16 |
11 |
|
17 |
12 |
|
18 |
13 |
|
19 |
14 |
|
20 |
15 |
|
21 |
16 |
|
22 |
17 |
|
23 |
18 |
|
24 |
19 |
|
25 |
20 |
|
26 |
21 |
|
27 |
22 |
|
28 |
23 |
|
29 |
24 |
|
30 |
25 |
|
31 |
26 |
|
32 |
27 |
|
33 |
28 |
|
34 |
29 |
|
35 |
30 |
|
36 |
31 |
|
37 |
32 |
|
38 |
33 |
|
39 |
34 |
|
40 |
35 |
C. Density/FAR Bonus in Excess of 35 Percent. In cases where a developer requests a density/FAR bonus in excess of that which is specified in this section, the City Council may grant, at its discretion, the requested density/FAR bonus, subject to the following:
1. The project meets the requirements of this chapter.
2. The requested density/FAR increase, if granted, is an additional density/FAR bonus and shall be considered an incentive, in accordance with CVMC 19.90.050.
3. The City Council may require some portion of the additional density/FAR bonus units to be designated as target units, at its discretion.
D. Fractional Units. When calculating the density/FAR bonus, or the required number of target units, any calculations resulting in fractional units shall be rounded up to the next whole number.
E. Granting a Lower Density/FAR Bonus. A qualified developer for a density bonus and/or additional incentives and concessions pursuant to subsection (A) of this section may request and accept a lesser density/FAR bonus, including no increase in density, and shall still be entitled to those additional concessions or incentives as specified in CVMC 19.90.050. No reduction will be allowed in the number of target units required.
F. Land Donation. When a developer for a tentative subdivision map, parcel map, or other housing development approval donates land to the City to provide a minimum of 10 percent of the total units for a future housing development, as provided for in this subsection, the developer shall be entitled to a density/FAR bonus for the entire development, as follows:
|
Percentage (%) of Very Low Income Units (Minimum 10% required) |
Percentage (%) of Density/FAR Bonus to Be Granted (Additional 1% bonus for each 1% increase above the 10% minimum) |
|---|---|
|
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 |
1. Additional Density/FAR Bonus. The density/FAR bonus stated in Table D shall be in addition to any increase mandated by subsection (A) of this section. The maximum combined density/FAR bonus of the mandated and the additional increase shall not exceed 35 percent. A developer shall be eligible for the density/FAR bonus described in this subsection (F) only if all of the following conditions are met:
a. Date of Donations/Transfer. The land is donated and transferred to the City no later than the date of approval of the final subdivision map, parcel map or housing development application.
b. Feasibility of Development. The developable acreage, development standards, zoning classification and General Plan land use designation of the land being donated are sufficient to permit construction of the units affordable to very low income households in an amount not less than 10 percent of the number of residential units of the proposed development.
c. Size of Land. The transferred land is at least one acre in size or of sufficient size to permit development of at least 40 units, has the appropriate zoning classification and General Plan land use designation, and is or will be served by adequate public facilities and infrastructure.
d. Discretionary Approvals. No later than the date of approval of the final subdivision map, parcel map, or housing development, the transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land, except that the City may subject the proposed development to subsequent design review to the extent authorized by subdivision (i) of Section 65583.2 of the California Government Code if the design is not reviewed by the City prior to the time of transfer.
e. Continued Affordability. The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with CVMC 19.90.090, which shall be recorded on the property at the time of dedication.
f. Transfer to Housing Developer. The land is transferred to the City or to a housing developer approved by the City. The City may require the developer to identify and transfer the land to the developer.
g. Location of Land. The transferred land shall be within the boundary of the proposed development or, if the City agrees, within one-quarter mile of the boundary of the proposed development.
h. Financing. A proposed source of funding for the very low income units shall be identified not later than the date of approval of the final subdivision map, parcel map, or residential development permit.
2. Condition of Development. Nothing in this subsection (F) shall be construed to enlarge or diminish the authority of the City to require a developer to donate land as a condition of development. (Ord. 3250 § 1, 2013).