17.140.070 Alternative or additional incentives.
A. When a developer agrees to construct housing for households of very low-, lower-, or moderate-income households, or for qualifying senior households, or for qualifying transitional foster youth, disabled veterans, or homeless persons, and desires an incentive other than a density bonus as provided in Section 17.140.040 (Standard Incentives for Housing Projects), or when an applicant for approval to convert apartments to a condominium project agrees to provide housing for households of very low, lower, or moderate income, or for qualifying senior households, the developer shall receive the following number of incentives or concessions:
1. One incentive or concession for housing developments that include at least ten percent of the total units for lower-income households, at least five percent for very low-income households, at least ten percent for persons and families of moderate income in a common interest development, or at least ten percent for qualifying transitional foster youth, disabled veterans, or homeless persons,
2. Two incentives or concessions for housing developments that include at least twenty percent of the total units for lower-income households, at least ten percent for very low-income households, at least twenty percent for persons and families of moderate income in a common interest development, or at least twenty percent for qualifying transitional foster youth, disabled veterans, or homeless persons,
3. Three incentives or concessions for housing developments that include at least thirty percent of the total units for lower-income households, at least fifteen for very low-income households, at least thirty percent for persons and families of moderate income in a common interest development, or at least thirty percent for qualifying transitional foster youth, disabled veterans, or homeless persons,
B. Alternative incentive proposals shall include information set forth in Section 17.140.030 (Application process), as well as a description of the requested incentive. Alternative incentive proposals shall be considered by the review authority and may include but are not limited to one or more of the following:
1. A reduction in site development standards or modification of Title 17 requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces, that would otherwise be required that results in identifiable and actual cost reductions to provide for affordable housing costs;
2. Approval of mixed-use zoning in conjunction with the housing project if commercial, office, industrial, or other land use will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located;
3. Density bonus in excess of that provided in Section 17.140.040;
4. Deferral of application and development review processing fees;
5. Deferral of park land in-lieu fees or park land dedication requirement; and
6. Other regulatory incentives or concessions proposed by the developer or the city that result in identifiable, financially sufficient, and actual cost reductions shall also include provisions for assuring continued availability of designated units at affordable rents or sales prices as required by state law.
C. Proposals for approval to convert apartments to a condominium project shall include those relevant items set forth in Section 17.140.030(B), plus the requested incentive, an estimate of the incentive’s financial value in comparison with the financial value of the density bonus as set forth in Section 17.140.060, and the basis for the comparison estimate. Nothing in this section shall be construed to require the city to provide cash transfer payments or other monetary compensation. The city may reduce or waive requirements which the city might otherwise apply as conditions of conversion approval.
D. Proposals to construct a housing development that includes affordable units and includes a childcare facility that will be located on the premises of, as part of, or adjacent to the housing development shall comply with Government Code Section 65915(h)(1).
E. The review authority shall approve the requisite number of incentives or concessions afforded by this section. The review authority shall grant the specific concession or incentive requested by the applicant unless it can make a written finding, based upon substantial evidence, that the incentive or concession does not result in cost reductions, or would have a specific adverse impact upon public health and safety or the environment or on historical properties that cannot be mitigated, or would be contrary to state or federal law (Government Code Section 65915(d)(1).
F. The review authority’s action on any alternative incentive proposal shall be by resolution. Any such resolution shall include findings relating to the information required in subsection B or C of this section. (Ord. 1705 §§ 85—87, 2021; Ord. 1657 § 23, 2019; Ord. 1650 § 3 (Exh. B), 2018)