012114 lakeport city council agenda packet

8/13/2019 012114 Lakeport City Council Agenda Packet

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Any person may speak for three (3) minutes on any agenda item; however, total public input per item is not to exceed 15 minutes, extended at the discretion of the

City Council. This rule does not apply to public hearings. Non-timed items may be taken up at any unspecified time.

I. CALL TO ORDER & ROLL CALL: 6:00 p.m.

II. PLEDGE OF ALLEGIANCE:

III. ACCEPTANCE OF AGENDA: Move to accept agenda as posted, or move to add or delete items.

Urgency Items: To add item, Council is required to make a majority decision that an urgency e

(as defined in the Brown Act) and a 2/3rds determination that the need to take

action arose subsequent to the Agenda being posted.

IV. CONSENT AGENDA: The following Consent Agenda items are expected to be routine and noncontroversial. They will be acted upon bCouncil at one time without any discussion. Any Council Member may request that any item be removed from th

Consent Agenda for discussion under the regular Agenda. Removed items will be considered following the Conse

Calendar portion of this agenda.

A. Ordinances: Waive reading except by title, of any ordinances under consideration at this

meeting for either introduction or passage per Government CodeSection 3693B. Minutes: Approve minutes of the regular City Council meeting of January 7, 2014.

C. Warrants: Approve warrants as listed on Warrant Register dated January 8, 2014.

V. PUBLIC PRESENTATIONS/REQUESTS:

A. Citizen Input: Any person may speak for 3 minutes about any subject within the authority of the City Council, provided that thesubject is not already on tonights agenda. Persons wishing to address the City Council are required to complete

Citizens Input form and submit it to the City Clerk prior to the meeting being called to order. While not required

please state your name and address for the record. NOTE: Per Government Code 54954.3(a), the City Council c

take action or express a consensus of approval or disapproval on any public comments regarding matters which

appear on the printed agenda.

B. Presentation from Chief of Police: Report on Police Volunteer Hours in 2013.

VI. COUNCIL BUSINESS:

A. Planning Services Manager

1. Density Bonus Ordinance Introduce an Ordinance to amend Title 17 of the Lakeport Municipal Code toestablish provisions for implementing density bonuses and affordable housing

incentives in accordance with State law and set a date for a Public Hearing.

2. Consultant Award Accept recommendation from the Citys Consultant Selection Board to negotiaprofessional services contract with De Novo Planning Group to prepare the Sta

mandated update to the housing element of the Citys General Plan.

B. Public Works Director

1. Dog Park Consider a recommendation made by the Park and Recreation Commission toprovide fencing and gates needed to separate the large dogs from the small on

and to provide direction to staff regarding the possible funding.

C. City Manager

1. Westshore Pool Receive verbal update on Westshore Pool and request for direction onmaintenance on the pool pump.

2. General Plan Amendment Adopt a Resolution to initiate the 2014 Review, Update, and Amendment of thLakeport General Plan and Associated Actions.

VII. CITY COUNCIL COMMUNICATIONS:

A. Miscellaneous Reports, if any:

VIII. ADJOURNMENT: Adjourn

AGENDAREGULAR MEETING OF THE LAKEPORT CITY COUNCILTuesday, January 21, 2014

City Council Chambers, 225 Park Street, Lakeport, California 95453


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Lakeport City Council Agenda of January 07, 2014 Page 2

Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerks Office at

Park Street, Lakeport, California, during normal business hours. Such documents are also available on the City of Lakeports website,www.cityoflakeport.com , subject to

staffs ability to post the documents before the meeting.

n compliance with theAmericans with Disabilities Act, the City of Lakeport will make available to members of the public any special assistance necessary to participate in

meeting. The public should contact the City Clerks Office at (707) 263-5615 to make such a request. Notification 72 hours prior to the meeting will enable the City to ma

reasonable arrangements to ensure accessibility to this meeting.

_______________________________________

Hilary Britton, Acting Deputy City Clerk
http://www.cityoflakeport.com/http://www.cityoflakeport.com/http://www.cityoflakeport.com/http://www.cityoflakeport.com/


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CLOSED SESSION: Mayor Parlet opened and then adjourned the meeting to closed session at 5:30

p.m. to consider:

1.

Receipt of Claim pursuant to Tort Claims Act or other writtencommunication threatening litigation (copy available for public inspec

in Clerks office). (Gov. Code 54956.9(e)(3). Name of Claimant: Stev

Brookes

The Closed Session ended at 5:45 p.m.

REPORT OUT OF CLOSED SESSION: Mayor Parlet reported out of closed session that staff was directed to reject th

claim filed by Steven J Brookes.

I. CALL TO ORDER & ROLL CALL: Mayor Parlet called the meeting to order at 6:00 p.m. with Council members

Engstrom, Mattina, Scheel,

II. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Police Chief Rasmussen.

III. ACCEPTANCE OF AGENDA: A motion was made by Council member Engstrom, seconded by Council membMattina, and unanimously passed by voice vote to accept the agenda as posted

Urgency Items: There were no urgency items.

IV. CONSENT AGENDA:

A. Ordinances: Waive reading except by title, of any ordinances under consideration at this

meeting for either introduction or passage per Government CodeSection 3693

B. Minutes: Approve minutes of the regular City Council meeting of December 17, 2013.

C. Warrants: Approve warrants as listed on Warrant Registers dated December 12, 2013 and

December 18, 2013.

D. Adams Ashby LLC Contract: Approve Professional Services agreement with Adams Ashby Group LLC, for US

loan and grant administration.Vote on Consent Agenda: Interim City Attorney Cobden asked that the Council remove item E for separa

consideration.

City Manager Silveira asked that Item D reflect a change in the commencemen

date to January 7, 2014.

A motion was made by Council member Scheel, seconded by Council member

Mattina, and carried unanimously by voice vote to approve items A-D, with the

change to item D.

E. Community Development Services

Contract:

Mayor Parlet recused himself from considering Item E., stating, before the

Council takes up the next item, I would like to disclose that I have had a

longstanding business relationship with the contractor, CDS. Since 2007 I have

provided intermittent sales and marketing consulting services to them, most

recently in 2010. Although I have not had any part in negotiating the agreemenon tonights agenda, and will not benefit from it, on the advice of our City

Attorney, I will recuse myself and refrain from participating in the discussion o

vote.

Mayor Pro Tem Scheel chaired the meeting and City Manager Silveira gave the

staff report.

A motion was made by Council member Mattina, seconded by Council membe

Engstrom, and passed by voice vote, with Mayor Parlet abstaining, to approve

agreement for Professional Services with Community Development Services (C

Mayor Parlet returned to the Chamber and the dais.

V. PUBLIC PRESENTATIONS/REQUESTS:

A. Citizen Input: There was no citizen input.

MINUTESREGULAR MEETING OF THE LAKEPORT CITY COUNCIL

Tuesday, January 7, 2014

City Council Chambers, 225 Park Street, Lakeport, California 95453


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Lakeport City Council Agenda of January 07, 2014 Page 2

VI. COUNCIL BUSINESS:

A. City Clerk

1. Appointments of Liaisons to

Commissions, Boards & Committees

Acting City Clerk Buendia presented the staff report outlining the appointment

the mayor of Council members to various commissions, boards, and committe

as well as representatives to the League of California Cities*.

The appointments were relayed by Mayor Parlet. The City Council discussed t

appointment to the League of California Cities Empire Division positions. Coun

member Scheel would sit as the Primary voting representative at Division Busin

meetings and as the primary voting representative at Division Legislative

Committee meetings. Mayor Parlet would sit as the Alternate to both position

A motion was made by Council member Engstrom, seconded by Council memb

Spillman, and unanimously carried by voice vote to adopt a resolution appoint

representatives to represent and vote on behalf of the City at the League of

California Cities, Redwood Empire Division Business meetings and represent th

City and vote at Division Legislative Committee meetings.

*A complete list of appointments is attached to these Minutes as exhibit A.

B. Planning Services Manager

1. Social Media Update Planning Services Manager Britton gave an update on Community Outreachefforts via social media channels.

C. City Manager

1. Housing Related Parks Grant: City Manager Silveira presented the staff report regarding the Housing Related

Parks Grant.

A motion was made by Council member Scheel, seconded by Council member

Mattina, and unanimously carried by voice vote to adopt a resolution authoriz

the application for a Housing Related Parks Grant.

VII. CITY COUNCIL COMMUNICATIONS:

A. Miscellaneous Reports, if any: Council member Engstrom reported that he had the opportunity to tour Bella

Vista apartments and was very impressed with the facility.

Council member Scheel reported that he will be attend LTA/APC and SAFE

meetings, as well as the PEG Board meeting. Suzie Q Donuts will hold their gra

opening at 10 am Thursday. Martin has been appointed to the Konocti Region

Trails Board.

Council member Spillman is looking forward to several meetings. The LMSA

board is having a round-table luncheon on January 20 and invited other Counc

to attend since he would not be in attendance.

Council member Mattina also commented on the Bella Vista apartments, statin

they were a huge success. LAFCO is next week as well as a Lakeport School Bo

meeting at which the Westshore pool will be discussed.

Finance Director Buffalo noted that the Comprehensive Annual Financial Repo(CAFR) is available for public viewing.

Mayor Parlet commented that he has been studying Meeting protocol.

VIII. ADJOURNMENT: Mayor Parlet adjourned the meeting at 7:35 p.m.

_______________________________________

KENNETH PARLET II, Mayor

_______________________________________

KELLY BUENDIA, Acting City Clerk


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Exhibit A

LAKEPORT CITY COUNCIL

EFFECTIVE JANUARY 7, 2014LIAISONS TO COMMISSIONS, BOARDS, COMMITTEES

LIAISONS

2013 2014

Lakeport Fire Protection District Council Member Spillman

Mayor Engstrom, Alt.

Council Member Spillman

Council Member Engstrom, Alt.

Lakeport Regional Chamber of Commerce Mayor Engstrom

City Manager

Mayor Parlet

City Manager

Lakeport Main Street Association Council Member Spillman Council Member Spillman

APPOINTMENTS

2013 2014

League of California Cities, Redwood

Empire Division, Division Business Meeting

Voting Delegate

Council Member Scheel

Alternate

Mayor Pro Tem Scheel

Mayor Parlet

League of California Cities, Redwood

Empire Division, Legislative Committee

Voting Delegate

Primary

Alternate


Mayor Parlet

Lake County/City Area Planning Council Mayor Pro Tem Mattina



Council Member Mattina


Council Member Engstrom, Alt.

County of Lake Solid Waste Management

Task Force


City Manager


City Manager

Lake County Abandoned Vehicle

Abatement Service Authority

Council Member Parlet Mayor Parlet

SB 621 Indian Gaming Funds Committee Council Member Scheel



Council Member Engstrom, Alt

Local Agency Formation Commission Mayor Pro Tem Mattina

Council Member Scheel, Alt.


Mayor Pro Tem Scheel, Alt.

Lake County Airport Land Use Commission Council Member Spillman Council Member Spillman

Invasive Species Task Force Committee Council Member Parlet Mayor Parlet

Clean Water Program Committee Council Member Parlet Mayor Parlet

Investment Committee Council Member SpillmanCouncil Member Parlet

Council Member SpillmanMayor Parlet

Lakeport Unified School District Committee Mayor Engstrom

Mayor Pro Tem Mattina

Council Member Engstrom


Oversight Board of the Former Lakeport

Redevelopment Agency

Mayor Pro Tem Mattina

Council Member Parlet, Alt.


Mayor Parlet, Alt.


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Meeting Date: 1/21/2014 Page 1 Agenda Item #IV.A.1

CITY OF LAKEPORTCity Council

Lakeport Redevelopment AgencyCity of Lakeport Municipal Sewer District

STAFF REPORT

RE: Introduction of an Ordinance to amend Title 17 of theLakeport Municipal Code to establish provisions forimplementing density bonuses and affordable housingincentives in accordance with State law.

MEETING DATE: 01/21/2014

SUBMITTED BY: Andrew Britton, Planning Services Manager

PURPOSE OF REPORT: Information only Discussion Action Item

WHAT IS BEING ASKED OF THE CITY COUNCIL:

The City Council is asked to: 1.) Introduce the proposed Ordinance, which will add Chapter 17.39 to theCitys Municipal Code; 2.) Set a public hearing date for second reading and adoption of the Ordinance.

BACKGROUND:

In December 2013 the Lakeport Planning Commission conducted a public hearing regarding the adoptionof an ordinance that would modify the Citys Zoning Ordinance (Title 17, Lakeport Municipal Code) toprovide density bonuses and other development incentives for affordable housing projects in accordancewith State law.

The Planning Commission recommended adoption of the proposed ordinance to the City Council withoutany modifications. A Planning Commission Minute Order is attached for your review (Exhibit 1).

Please refer to the attached staff report to the Planning Commission (Exhibit 2) which provides additionalbackground and discussion regarding the proposed ordinance, including existing State density bonus lawand existing General Plan (Housing Element) policies/programs that call for the adoption of a local densitybonus ordinance. The proposed ordinance is also attached (Exhibit 3).

The States density bonus law is codified in California Government Code Sections 65915 through 65918(Exhibit 4). Government Code Section 65915(a) states that all cities.shall adopt an ordinance thatspecifies how compliance with this section will be implemented.

DISCUSSION:

As noted in the discussion section of the Planning Commission staff report, State law requires the City toadopt an updated housing element approved by the California Department of Housing and CommunityDevelopment (HCD) by June 30, 2014. To allow for quicker and more efficient review of draft HousingElements, HCD is offering a new streamlined review process to qualifying cities. To qualify for thestreamlined review, a city must have implemented certain programs and adopted certain ordinances relatedto State housing laws. One of the requirements for the streamlined review is the adoption of a densitybonus ordinance.

State law requires all cities to adopt an ordinance to locally implement the requirements of the density bonuslaw, but further states that all cities are required to grant density bonuses and incentives as provided under


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CITY OF LAKEPORTCommunity Development Department

225 PARK STREET TELEPHONE 707.263.5613 x28LAKEPORT, CALIFORNIA 95453 FAX 707.263.8584

E-MAIL [email protected]

January 13, 2014

Honorable Mayor & Members of the City CouncilCity of Lakeport

Dear Council Members:

Please be advised of the following action taken by the Lakeport Planning Commission:

MINUTE ORDER

LAKEPORT PLANNING COMMISSION

REGULAR MEETING

(December 11, 2013)

OA 13-06 / Density Bonus Ordinance:

After hearing no public input, the Planning Commissioners discussed the proposed

Density Bonus Ordinance and attachments. Commissioner Kauper made a motion to

accept the proposed draft ordinance and recommend its adoption to the City

Council. The Planning Commission agreed, based on its findings the proposed

ordinance is in the best interest of the City and will help the City achieve certain goals

and policies contained in the housing element and is intended to comply with the

requirements imposed by the State of California.

The motion was seconded by Commissioner Gayner and approved by a 3-0 vote

(Commissioners Taylor and Russell were absent).

Respectfully submitted,

Andrew Britton

Planning Services Manager

Community Development Department

Exhibit 1


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___________________________________________________________________________________________________________

Meeting Date: December 11, 2013 Page 1 Agenda Item V. A.

CITY OF LAKEPORT

PLANNING COMMISSION

STAFF REPORT

RE: OA 13-06 / Density Bonus Ordinance MEETING DATE: December 11, 2013

SUBMITTED BY: Andrew Britton, Planning Services Manager

PURPOSE OF REPORT: Information only Discussion Commission Action

WHAT IS BEING ASKED OF THE PLANNING COMMISSION:

Public hearing, discussion and recommendation to the City Council regarding the

adoption of an ordinance that would modify the Citys Zoning Ordinance to provide

density bonuses and other development incentives for affordable housing projects in

accordance with State law.

BACKGROUND:

State Planning and Zoning Law requires all cities in California to provide specified

incentives to development projects that set aside a portion of their residential units as

affordable for low income households. The requirements are commonly referred to as the

density bonus law because the law allows developers of affordable housing to build

more residential units than would otherwise be allowed under the General Plan and

Zoning Ordinance.

The density bonus law was enacted in 1979 and has been amended several times since.

The law was substantially revised in 2005 (via SB 1818) to require cities to not only grant a

density bonus, but to grant additional incentives including, but not limited to, mandatory

reduced parking requirements and waivers of other development standards. The density

bonus law is codified in California Government Code Sections 65915 through 65918

(Attachment A). Government Code Section 65915(a) states that all cities.shall adopt

an ordinance that specifies how compliance with this section will be implemented.

The City of Lakeport adopted a comprehensive update to its Housing Element in 2009.

Chapter 6 of the Housing Element describes the Citys housing goals, policies andprograms that are expected to be implemented during the course of the Elements five-

year action plan.

One of the primary goals of the Housing Element (Goal 2, Page 6-5 ) is to facilitate and

encourage development of housing to meet the regional housing needs allocations.

Several policies are related to this goal, including Policy 2A which states:

The City shall encourage additional housing to meet the City's Regional

Housing Need Allocations by maintaining an inventory of adequate sites to

Exhibit 2


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___________________________________________________________________________________________________________


meet the Cityshousing needs, by actively encouraging and assisting the

construction of multifamily housing, by promoting a range of housing types,

and by encouraging utilization of density bonuses in support of affordable

housing. (Program 2-1, 2-2, and 2-3)

This policy references three specific programs which provide specific actions needed to

implement the related policy, including the following program specific to density bonuses:

Program 2-2 Density Bonus

Revise the Zoning Ordinance to include density bonus provisions consistent

with the requirements of state law (Government Code Sections 65915 and

65917). The ordinance shall identify incentives for affordable housing

development, including expedited processing.

It should be noted that the adoption of a local density bonus ordinance was also a policy

(Policy 20) included in the 2004 Housing Element update.

DISCUSSION:

State law requires the City to adopt an updated Housing Element approved by the

California Department of Housing and Community Development (HCD) by June 30, 2014.

The Planning Department recently started the process of updating the Housing Element,

including the issuance of a Request for Proposals for consultant services to help with this

project. To allow for quicker and more efficient review of draft Housing Elements, HCD is

offering a new streamlined review process to qualifying cities. To qualify for the

streamlined review, a city must have implemented certain programs and adopted certain

ordinances related to State housing laws. One of the requirements for the streamlined

review is the adoption of a density bonus ordinance.

State law requires all cities to adopt an ordinance to locally implement the requirements

of the density bonus law, but further states that all cities are required to grant densitybonuses and incentives as provided under the law whether or not a local ordinance has

been adopted. As such, Lakeport is already subject to the density bonus law in all zones

that allow residential development citywide, even though a local ordinance has not been

adopted.

The proposed ordinance (Attachment B) does not recite State law in its entirety but serves

as an overall summary of the State requirements and integrates them with existing zoning

requirements and processes. Staff recommends that density bonuses and related

incentives be approved through the existing development review process, subject to

approval by the Planning Commission with decisions appealable to the City Council.

Development projects requesting a density bonus and incentives would go through the

same process as regular residential projects with no additional process required. The draftordinance expresses the Citys intent to expedite the processing of these applications to

the greatest extent possible.

Adoption of the proposed ordinance would not impose any requirements on the City that

are not already required under State law. Furthermore, it would not grant developers any

notable incentives beyond those to which they are already entitled under State law. The

primary purpose of adopting a local density bonus ordinance is to establish review

procedures and ensure that the provisions are implemented in a manner that is consistent

with the Citys own zoning processes. Since Lakeport, along with all other cities, is already


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___________________________________________________________________________________________________________


subject to the requirements of the density bonus law, staff believes that it would be in the

Citys best interest to amend the Municipal Code to be consistent with State law. Further,

adopting the proposed ordinance now will help qualify the City for a streamlined review

of the updated General Plan Housing Element.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Adoption and implementation of the proposed ordinance has been determined to beexempt from the California Environmental Quality Act as it meets with the criteria

established in 15061(b)(3) of the CEQA Guidelines because there will be no physical

changes to the environment as a result of adoption of the ordinance and because the

contemplated action is pursued only for the purpose of compliance with an existing State

Statutory requirement.

IMPACTS/PROS AND CONS:

No fiscal impacts are anticipated as a result of the proposed modifications to the Zoning

Ordinance.

OPTIONS:

1. Accept the proposed draft ordinance and recommend its adoption to the CityCouncil based on the findings that the proposed Ordinance is in the best interest of the

City, will help the City achieve certain goals and policies contained in the Housing

Element and is intended to comply with requirements imposed by the State of

California.

2. Propose revisions to the draft ordinance and request that it be returned to the PlanningCommission for further discussion.

POINTS OF CONSIDERATION:

Approval of the proposed ordinance will satisfy a requirement of the Citys Housing

Element and bring the City into compliance with current State housing laws related to

density bonus provisions and related incentives.

SUGGESTED MOTION:

See options listed above.

Attachments A. State Density Bonus Law (CA Government Code 65915-65918)B. Draft Ordinance


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Exhibit 3

124019.1

ORDINANCE NO. ____ (2014)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKEPORT,

CALIFORNIA, AMENDING TITLE 17 OF THE LAKEPORT MUNICIPAL CODE,ADDING CHAPTER 17.39 RELATED TO THE IMPLEMENTATION OF THE 2009-2014

HOUSING ELEMENT

WHEREAS, Sections 65300 et seq. of the California Government Code require that each city adopt a

comprehensive General Plan to guide future growth and development, and the General Plan includes a Housing

Element to address the Citys existing and future housing needs; and

WHEREAS, the Housing Element requires updating every five to eight years to address the current

planning period and changes in state housing law; and

WHEREAS, in compliance with state housing law, the Lakeport City Council adopted the 2009-2014

Housing Element, which includes a housing plan that covers the current planning cycle with quantifiedobjectives; and

WHEREAS, California Government Code Sections 65915 through 65918 require California cities to

grant density bonuses and other incentives to residential development projects that set aside residential units

as affordable for low income households;

WHEREAS, the Housing Element of the Lakeport General Plan includes policies and programs

that direct the City of Lakeport to revise the Citys zoning regulations to provide density bonuses and other

incentives for affordable housing projects consistent with State law; and

WHEREAS, this Ordinance amends the Citys Zoning Ordinance as directed by the adopted 2009-2014

Housing Element; and

WHEREAS, adoption and implementation of the proposed ordinance has been determined to be

exempt from the California Environmental Quality Act as it meets the criteria established in sections

15061(b)(3) and 15305 of the CEQA Guidelines because there will be no physical changes to the

environment as a result of adoption of the ordinance, the contemplated action is pursued only for the

purpose of compliance with an existing State Statutory requirement, and the ordinance will impose only

minor alterations in land use limitations;

WHEREAS, the Planning Commission of the City of Lakeport conducted a duly-noticed public hearing

on December 11, 2013, at which time all interested persons wishing to testify in connection with this Ordinance

were heard; and

WHEREAS, at the conclusion of the public hearing, the Planning Commission made the finding that

adopting the Ordinance is in the best interest of the City and recommended that the City Council adopt the

Ordinance; and

WHEREAS, the City Council of the City of Lakeport held a duly-noticed public hearing on

______________, 2014, at which time all persons wishing to testify in connection with this Ordinance were

heard; and


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Title 17 LAND USE, ZONING AND SIGNS

Chapter 17.39 DENSITY BONUSES DRAFT ORDINANCE

City of Lakeport Page 2124019.1

WHEREAS, the City Council fully studied all matters addressed in this Ordinance and considered

all relevant public comments on such matters, and desires to approve this Ordinance.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKEPORT DOES

ORDAIN AS FOLLOWS:

SECTION 1. The City Council finds and determines as follows:

This Ordinance is in the best interest of the City for the following reasons:

A. The provisions of this Ordinance are consistent with the Citys adopted 2009-2014 Housing

Element and are necessary for implementation of the 2009-2014 Housing Element.

B. This Ordinance implements a specific program that was included as part of the 2009-2014

Housing Element to meet the requirements of California Government Code Sections 65915 through 65918.

C. The provisions contained in this Ordinance are necessary for the health, safety, and generalwelfare of the community in that the proposed provisions in this Ordinance will help the City to achieve thefollowing goals and policies contained in the Housing Element:

Goal 2: Facilitate and encourage development of housing to meet the regional housing needsallocations.

Policy 2A: The City shall encourage additional housing to meet the City's Regional Housing

Need Allocations by maintaining an inventory of adequate sites to meet the Citys housing needs, by actively

encouraging and assisting the construction of multifamily housing, by promoting a range of housing types,

and by encouraging utilization of density bonuses in support of affordable housing.

Program 2-2: Density Bonus: Revise the Zoning Ordinance to include density bonus

provisions consistent with the requirements of State law. The ordinance shall also identify incentives for

affordable housing development, including expedited processing.

SECTION 2. Title 17 of the Lakeport Municipal Code, the City Zoning Ordinance, is amended asfollows:

I. Chapter 17.39 is added as follows:

Chapter 17.39 DENSITY BONUSES

Sections:

17.39.010 Purpose and application.

17.39.020 Definitions.

17.39.030 Qualifications for density bonus and incentives and concessions.

17.39.040 Continued affordability and density bonus housing standards.

17.39.050 Incentives and concessions.

17.39.060 Waiver/modification of development standards.

17.39.070 Specified density bonus percentages.

17.39.080 Land donation.

17.39.090 Child care facilities.


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17.39.100 Condominium conversions.

17.39.110 Parking and consideration of alternative development incentives.

17.39.120 Application and review procedures.

17.39.130 State law amendments.

17.39.010 Purpose and application.

The purpose of this chapter is to establish procedures for implementing state density bonusrequirements, as set forth in California Government Code Section 65915, as amended, and to increase theproduction of affordable housing, consistent with the city's goals, objectives, and policies.

17.39.020 Definitions.

The following definitions shall apply to this chapter:

"Affordable housing cost" bears the same meaning as defined in Section 50052.5 of the California

Health and Safety Code.

"Affordable housing unit" means a dwelling unit within a housing development which will be rented orsold to and reserved for very low-income households, lower-income households, moderate-incomehouseholds and/or senior citizens at an affordable housing cost for the respective group(s) in accordance

with Section 65915 of the California Government Code and this chapter.

"Affordable rent" means that level of rent defined in Section 50053 of the California Health and SafetyCode.

"Applicant" means a developer or applicant for a density bonus pursuant to Section 65915, subdivision(b), of the California Government Code and Section 17.39.030 of this chapter.

"Child care facility" means a child day care facility other than a family day care home, including, but not

limited to, infant centers, preschools, extended day care facilities, and school age child care centers."Common interest development" bears the same meaning as defined in Section 1351 of the California

Civil Code.

"Density bonus" means a density increase over the otherwise maximum allowable residential densityunder the applicable zoning ordinance and land use element of the general plan as of the date of applicationby the applicant to the city.

"Development standard" means site or construction conditions that apply to a housing developmentpursuant to any ordinance, general plan element, specific plan, charter amendment, or other local condition,law, policy, resolution, or regulation.

"Housing development," means one or more groups of projects for residential units in the planneddevelopment of the city. "Housing development" also includes a subdivision or common interest

development, as defined in Section 1351 of the California Civil Code, approved by the city and consisting ofresidential units or unimproved residential lots and either a project to substantially rehabilitate and convert anexisting commercial building to residential use or the substantial rehabilitation of an existing multifamilydwelling, as defined in subdivision (d) of California Government Code Section 65863.4, where the result ofthe rehabilitation would be a net increase in available residential units.

"Lower-income households" bears the same meaning as defined in Section 50079.5 of the CaliforniaHealth and Safety Code.


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"Maximum allowable residential density" means the density allowed under applicable zoning ordinances,or if a range of density is permitted, means the maximum allowable density for the specific zoning rangeapplicable to the subject project.

"Moderate income" or "persons and families of moderate income" means those middle-income familiesas defined in Section 50093 of the California Health and Safety Code.

"Qualified mobilehome park" means a mobilehome park that limits residency based on age requirementsfor housing for older persons pursuant to Section 798.76 or 799.5 of the California Civil Code.

"Senior citizen housing development" means senior citizen housing as defined in Sections 51.3 and51.12 of the California Civil Code.

"Specific adverse impact" means any adverse impact as defined in paragraph (2), subdivision (d), ofCalifornia Government Code Section 65589.5, upon public health and safety or the physical environment, oron any real property that is listed in the California Register of Historical Resources, and for which there is nofeasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housingdevelopment unaffordable to low- and moderate-income households.

"Very low-income households" bears the same meaning as defined in Section 50105 of the Health andSafety Code.

17.39.030 Qualifications for density bonus and incentives and concessions.

A. The city shall grant one density bonus as specified in Section 17.39.070, and incentives or concessions asdescribed in Section 17.39.050, when an applicant seeks and agrees to construct a housing development,excluding any units permitted by the density bonus awarded pursuant to this chapter, that will contain atleast any one of the following:

1. Ten (10) percent of the total units of the housing development as affordable housing unitsaffordable to lower-income households; or

2. Five percent of the total units of the housing development as affordable housing units affordable tovery low-income households; or

3. A senior citizen housing development; or

4. A qualified mobilehome park; or

5. Ten (10) percent of the total units of a common interest development as affordable housing unitsaffordable to moderate-income households, provided that all units in the development are offeredto the public for purchase subject to the restrictions specified in this chapter.

B. As used in subsection A of this section, the term "total units" does not include units permitted by adensity bonus awarded pursuant to this section or any other local law granting a greater density bonus.

C. Each applicant who requests a density bonus pursuant to this chapter, shall elect whether the bonus shallbe awarded on the basis of subsection (A)(1), (2), (3), (4) or (5) of this section. Each housingdevelopment is entitled to only one density bonus, which may be selected based on the percentage of

either very low-income affordable housing units, lower-income affordable housing units or moderate-income affordable housing units, or the development's status as a senior citizen housing development orqualified mobilehome park. Density bonuses from more than one category may not be combined.

17.39.040 Continued affordability and density bonus housing standards.

A. An applicant shall agree to, and the city shall ensure, continued affordability of all low- and very low-income units that qualified the applicant for the award of the density bonus for a period of thirty (30)years or a longer period of time if required by the construction or mortgage financing assistance


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program, mortgage insurance program, or rental subsidy program. Rents for affordable housing units forlower-income households shall be set at an affordable rent. Owner-occupied affordable housing unitsshall be available at an affordable housing cost.

B. An applicant shall agree to, and the city shall ensure, that the initial occupant of moderate-income unitsthat are directly related to the receipt of the density bonus in a common interest development, arepersons and families of moderate income and that the units are offered at an affordable housing cost.

The local government shall enforce an equity-sharing agreement, unless it is in conflict with therequirements of another public funding source or law. The following shall apply to the equity-sharingagreement:

1. Upon resale, the seller of the unit shall retain the value of any improvements, the down payment,and the seller's proportionate share of appreciation. The city shall recapture any initial subsidy andits proportionate share of appreciation, which shall then be used within three years for any of thepurposes that promote homeownership as described in subdivision (e) of Section 33334.2 of theCalifornia Health and Safety Code that promote homeownership.

2. For purposes of this subdivision, the city's initial subsidy shall be equal to the fair market value ofthe home at the time of initial sale minus the initial sale price to the moderate-income household,plus the amount of any down payment assistance or mortgage assistance. If upon resale the market

value is lower than the initial market value, then the value at the time of the resale shall be used asthe initial market value.

3. For purposes of this subdivision, the city's proportionate share of appreciation shall be equal to theratio of the initial subsidy to the fair market value of the home at the time of initial sale.

C. Any contract, deed restriction, or other instrument used to implement subsections A and/or B of thissection, shall be signed by the applicant and by the city as parties.

D. All affordable units shall be reasonably dispersed throughout the housing development; shall beproportional, in size, bedroom number and location to the market rate units; and shall be comparable

with the market-rate units in terms of the base design, architectural appearance, building materials andfinished quality. All affordable units in a housing development shall be constructed concurrently with orprior to the construction of the market-rate units. In the event the city approves a phased project, the

affordable units required by this chapter shall be provided within each phase of the residentialdevelopment unless otherwise approved by the Community Development Director.

E. Applicants receiving density bonuses shall use best efforts to provide a substantial proportion of anyaffordable housing units in the housing development to citizens residing or employed within the city.

17.39.050 Incentives and concessions.

A. An applicant for a density bonus may also submit to the city a proposal for specific incentives orconcessions in exchange for the provision of affordable housing units in accordance with this chapter.

The applicant may also request a meeting with the city's Community Development Director to discusssuch proposal. The city shall grant the concession or incentive requested by the applicant unless the city

makes a written finding, based upon substantial evidence, of either of the following:1. The concession or incentive is not required in order to provide for affordable housing costs or for

rents for the targeted units to be set as specified in Section 17.39.040 (i.e., the applicant is unable todemonstrate that the waiver or modification is necessary to make the housing units economicallyfeasible); or

2. The concession or incentive would have a specific adverse impact.


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B. If the conditions of Section 17.39.030 and subsection A of this section are met by an applicant, the citymay grant an applicant applying for incentives or concessions the following number of incentives orconcessions:

1. One incentive or concession for housing developments that include: at least ten (10) percent of thetotal units affordable to lower-income households; or at least five percent of the total unitsaffordable to very low-income households; or at least ten (10) percent of the total units affordableto persons and families of moderate income in a common interest development.

2. Two incentives or concessions for housing developments that include: at least twenty (20) percentof the total units affordable to lower-income households; or at least ten (10) percent of the totalunits affordable to very low-income households; or at least twenty (20) percent of the total unitsaffordable to persons and families of moderate income in a common interest development.

3. Three incentives or concessions for housing developments that include: at least thirty (30) percentof the total units for lower-income households; or at least fifteen (15) percent for very low-incomehouseholds; or at least thirty (30) percent for persons and families of moderate income in acommon interest development.

C. For the purposes of this chapter, available concessions or incentives may include any of the following:

1. A reduction in site development standards or a modification of zoning code requirements orarchitectural design requirements that exceed the minimum building standards approved by theCalifornia Building Standards Commission as provided in Part 2.5 (commencing with Section18901) of Division 13 of the California Health and Safety Code, including, but not limited to, areduction in setback and square footage requirements and in the ratio of vehicular parking spacesthat would otherwise be required that results in identifiable, financially sufficient, and actual costreductions.

2. Approval of mixed use zoning in conjunction with the housing development if commercial, office,industrial, or other land uses will reduce the cost of the housing development and if thecommercial, office, industrial, or other land uses are compatible with the housing project and theexisting or planned development in the area where the proposed housing development will belocated.

3. Other regulatory incentives or concessions proposed by the applicant or the city that result inidentifiable, financially sufficient, and actual cost reductions.

4. For purposes of this chapter, the parking ratios set forth in Government Code Section 65915 (andSection 17.39.110 of this chapter) for qualified affordable housing projects shall be deemed aconcession or incentive available to the applicant.

D. This section does not limit or require the provision of direct financial incentives for the housingdevelopment, including the provision of publicly-owned land, by the city or the waiver of fees ordedication requirements. Nor does any provision of this section require the city to grant an incentive orconcession found to have a specific adverse impact.

E. The granting of a concession or incentive shall not be interpreted, in and of itself, to require a general

plan amendment, zoning change, or other discretionary approval.F. Applicants seeking a condominium conversion may apply for either a density bonus or an incentive of

equivalent financial value (as that term is defined in Government Code Section 65915.5) in accordancewith Section 17.39.100 of this chapter and Government Code Section 65915.5.

G. The application and review process for a proposal of incentives and concessions is set forth in Section17.39.120.


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20 35 (maximum)

C. For housing developments meeting the criteria of subsection (A)(2) of Section 17.39.030, the densitybonus shall be calculated as follows:

Percentage Very Low-Income Units Percentage Density Bonus

5 20

6 22.5

7 25

8 27.5

9 30

10 32.5

11 35 (maximum)

D. For housing developments meeting the criteria of subsections (A)(3) and (A)(4) of Section 17.39.030, thedensity bonus shall be twenty (20) percent.

E. For housing developments meeting the criteria of subsection (A)(5) of Section 17.39.030, the densitybonus shall be calculated as follows:

Percentage Moderate-Income Units Percentage Density Bonus

10 5

11 6

12 7

13 8

14 9

15 10

16 11


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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


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38 33

39 34

40 35 (maximum)

F. An applicant may elect to accept a lesser percentage of density bonus than that to which the applicant isentitled under this chapter. All density bonus calculations resulting in a fractional number shall berounded upwards to the next whole number. The granting of a density bonus shall not be interpreted, inand of itself, to require a general plan amendment, zoning change, or other discretionary approval.

G. For the purpose of calculating a density bonus, the residential units do not have to be based uponindividual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of thehousing development other than the areas where the units for the lower-income households are located.

H. The application and review process for a density bonus as provided by this section is set forth in Section17.39.120

17.39.080 Land donation.

A. When an applicant for a tentative map, subdivision map, parcel map, or other residential developmentapproval donates land to the city as provided for in this section, the applicant shall be entitled to afifteen (15) percent increase above the otherwise maximum allowable residential density under theapplicable zoning ordinance and land use element of the general plan for the entire housingdevelopment, as follows:

Percentage Very Low-Income Units (Based upon maximum density allowed on

donated land)

Percentage Density

Bonus

10 15

11 16

12 17

13 18

14 19

15 20

16 21

17 22


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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 (maximum)

This increase shall be in addition to any increase in density mandated by Section 17.39.030, up to amaximum combined mandated density increase of thirty-five (35) percent, if an applicant seeks both theincrease required pursuant to this section and Section 17.39.030. All density calculations resulting in fractionalunits shall be rounded up to the next whole number. Nothing in this section shall be construed to enlarge ordiminish the city's authority to require an applicant to donate land as a condition of development.

B. An applicant shall be eligible for the increased density bonus described in this section if the city is able tomake all the following conditions and findings:

1. The applicant donates and transfers the land no later than the date of approval of the finalsubdivision map, parcel map, or date of approval of the residential development application.

2. The developable acreage and zoning classification of the land being transferred are sufficient topermit construction of units affordable to very low-income households in an amount not less thanten (10) percent of the number of residential units of the proposed development.

3. The transferred land is at least one acre in size or of sufficient size to permit development of atleast forty (40) units, has the appropriate general plan designation, is appropriately zoned fordevelopment as affordable housing, and is or will be served by adequate public facilities andinfrastructure. The land shall have appropriate zoning and development standards to make thedevelopment of the affordable units feasible. No later than the date of approval of the final


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subdivision map, parcel map, or date of approval of the development application for the housingdevelopment, the transferred land shall have all of the permits and approvals, other than buildingpermits, necessary for the development of very low-income housing units on the transferred land,except that the city may subject the proposed development to subsequent design review to theextent authorized by subdivision (i) of Government Code Section 65583.2 if the design is notreviewed by the local government prior to the time of transfer.

4. The transferred land and the very low-income units constructed on the land will be subject to adeed restriction ensuring continued affordability of the units consistent with this chapter, whichrestriction will be recorded on the property at the time of dedication.

5. The land is transferred to the city or to a housing developer approved by the city. The city mayrequire the applicant to identify and transfer the land to such city-approved developer.

6. The transferred land shall be within the boundary of the proposed development or, if the cityagrees in writing, within one-quarter mile of the boundary of the proposed development.

C. The application and review process for a donation of land and related density bonus is set forth inSection 17.39.120

17.39.090 Child care facilities.

A. When an applicant proposes to construct a housing development that includes affordable units asspecified in Section 17.39.030 and includes a child care facility that will be located on the premises of, aspart of, or adjacent to such housing development, the city shall grant either of the following if requestedby the applicant.

1. An additional density bonus that is an amount of square feet of residential space that is equal to orgreater than the amount of square feet in the child care facility.

2. An additional concession or incentive that contributes significantly to the economic feasibility ofthe construction of the child care facility.

B. A housing development shall be eligible for the density bonus or concession described in this section if

the city, as a condition of approving the housing development, requires all of the following to occur:

1. The child care facility will remain in operation for a period of time that is as long as or longer thanthe period of time during which the affordable housing units are required to remain affordablepursuant to Section 17.39.040

2. Of the children who attend the child care facility, the percentage of children of very low-incomehouseholds, lower-income households, or moderate-income households shall be equal to or greaterthan the percentage of affordable housing units that are proposed to be affordable to very low-income households, lower-income households, or moderate-income households.

3. Notwithstanding any requirement of this section, the city shall not be required to provide a densitybonus or concession for a child care facility if it finds, based upon substantial evidence, that thecommunity already has adequate child care facilities.

C. The application and review process for the provision of child care facilities and related density bonus orconcessions or incentives is set forth in Section 17.39.120

17.39.100 Condominium conversions.

Any applicant seeking to convert apartments into condominiums may receive a density bonus orincentives of equivalent financial value (as that term is defined in Government Code Section 65915.5) uponan application made in conjunction with its map application pursuant to the Subdivision Map Act, this code


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and consistent with Government Code Section 65915.5. Any appeal of any density bonus or incentive ofequivalent financial value or review by the planning commission to the city council shall automatically requirean appeal of the underlying map to that body. An applicant shall be ineligible for a density bonus or otherincentives under this section if the apartments proposed for conversion constitute a housing development for

which a density bonus or other incentives or concessions were provided under Government Code Section65915. Nothing in this section shall be construed to require the city to approve a proposal to convert

apartments to condominiums.

17.39.110 Parking and consideration of alternative development incentives.

A. Housing developments meeting any of the criteria of Section 17.39.030(A), shall be granted thefollowing maximum parking ratios, inclusive of handicapped and guest parking, which shall apply to theentire development, not just the restricted affordable units, when requested in writing by an applicant:

1. Zero to one bedroom dwelling unit: one on-site parking space;

2. Two to three bedrooms dwelling unit: two on-site parking spaces;

3. Four or more bedrooms: two and one-half parking spaces.

B. If the total number of spaces required results in a fractional number, it shall be rounded up to the nextwhole number. For purposes of this subdivision, a development may provide "on-site parking" throughtandem parking, but not through on-street parking.

C. Alternative development incentives, such as a reduction in the total number of required parking spaces,the elimination or reduction in RV/boat trailer parking, and the provision of uncovered parking spacesin lieu of carports and garages, may be requested in writing by the applicant for consideration by the city.

The applicant shall provide the city with a written justification statement for each requested alternativedevelopment incentive.

D. Other regulatory incentives or concessions proposed by the developer or the City that will result inidentifiable and actual cost reductions including but not limited to fee waivers, expedited permitprocessing, and modification of requirements for off-site improvements.

17.39.120 Application and review procedures.

A. A written application for a density bonus, incentive, concession, waiver, or modification pursuant to thischapter shall be submitted with the first application for approval of a housing development andprocessed concurrently with all other applications required for the housing development. Theapplication shall be submitted on a form prescribed by the city and shall include at least the followinginformation:

1. Site plan showing total number of units, number and location of affordable housing units, andnumber and location of proposed density bonus units.

2. Level of affordability of affordable housing units and proposals for ensuring affordability.

3. Description of any requested incentives, concessions, waivers or modifications of developmentstandards, or modified parking standards. The application shall include evidence that the requestedincentives and concessions are required for the provision of affordable housing costs and/oraffordable rents, as well as evidence relating to any other factual findings required under Section17.39.050

4. If a density bonus or concession is requested in connection with a land donation, the applicationshall show the location of the land to be dedicated and provide evidence that each of the findingsincluded in Section 17.39.080 can be made.


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5. If a density bonus or concession/incentive is requested for a child care facility, the application shallshow the location and square footage of the child care facilities and provide evidence that each ofthe findings included Section 17.39.090 can be made.

B. An application for a density bonus, incentive or concession pursuant to this chapter shall be consideredby and acted upon by the approval body with authority to approve the housing development and subjectto the same administrative appeal procedure, if any. In accordance with state law, neither the granting ofa concession, incentive, waiver, or modification nor the granting of a density bonus shall be interpreted,in and of itself, to require a general plan amendment, zoning change, variance, or other discretionaryapproval.

C. For housing developments requesting a waiver, modification or reduction of a development standard, anapplication pursuant to this subsection shall be heard by the city planning commission. A public hearingshall be held by the planning commission and the commission shall issue a determination. Pursuant toGovernment Code Section 65915, the planning commission shall approve the requested

waiver/modification or reduction of development standards, unless one of the following conditionsapplies:

1. The waiver/modification is not required to make the proposed affordable housing units feasible; or

2. The waiver/modification will have a specific adverse impact.The decision of the city planning commission may be appealed to the city council within five (5)business days of the date the decision is made in the manner provided in Lakeport Municipal Code.

D. Notice of any city determination pursuant to this section shall be provided to the same extent asrequired for the underlying development approval.

E. The city will endeavor to expedite the application process to the extent reasonably possible. The approvalprocess may entail a site-specific rezoning, the subdivision of the land, architectural and design review,environmental review and/or other land use applications. These approvals may be dealt withsimultaneously, under one application.

17.39.130 State law amendments.

This chapter implements the laws for density bonuses and other incentive and concessions available toqualified applicants under Government Code Sections 65915 through 65918. In the event these GovernmentCode sections are amended, those amended provisions shall be incorporated into this chapter as if fully setforth herein. Should any inconsistencies exist between the amended state law and the provisions set forth inthis chapter, the amended state law shall prevail.

SECTION 3. CEQA.The Ordinance is categorically exempt from environmental review inaccordance with section 15061(b)(3) of the CEQA Guidelines, General Rule that CEQA applies only to projects

which have the potential for causing a significant effect on the environment. The Ordinance will not result inadditional development opportunities or any foreseeable environmental impact. The Ordinance is also

categorically exempt from environmental review under section 15305 of the CEQA Guidelines as a minoralteration in land use limitations.

SECTION 4. Severability. If any section, subsection, sentence, clause, phrase or portion of thisOrdinance or its application to any person or circumstance is for any reason held to be invalid or unconstitutionalby the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainingportions of this Ordinance or its application to other persons and circumstances. The City Council of the City ofLakeport hereby declares that it would have adopted this Ordinance and each section, subsection, sentence,clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences,


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clauses, phrases, or portions be declared invalid or unconstitutional and, to that end, the provisions hereof arehereby declared to be severable.

SECTION 5. Publication. The City Clerk shall cause this Ordinance to be published or posted inaccordance with California Government Code section 36933 and shall certify to the adoption of this Ordinance.

SECTION 6. Effective Date.This Ordinance shall take effect thirty days after its adoption pursuant to

California Government Code section 36937.

INTRODUCED and first read at a regular meeting of the City Council on the 21st day of January, 2014,by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINING:

FINAL PASSAGE AND ADOPTION by the City Council of the City of Lakeport occurred at ameeting thereof held on the ____ day of __________ 2014, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINING:

_______________________________KENNETH PARLET II, Mayor

ATTEST:

_______________________________KELLY BUENDIA, Acting City Clerk


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income, as defined in Section 50093 of the Health and Safety Code,

and that the units are offered at an affordable housing cost, as that

cost is defined in Section 50052.5 of the Health and Safety Code.

The local government shall enforce an equity sharing agreement,

unless it is in conflict with the requirements of another public

funding source or law. The following apply to the equity sharing

agreement:

(A) Upon resale, the seller of the unit shall retain the value of

any improvements, the downpayment, and the seller's proportionate

share of appreciation. The local government shall recapture any

initial subsidy, as defined in subparagraph (B), and itsproportionate share of appreciation, as defined in subparagraph (C),

which amount shall be used within five years for any of the purposes

described in subdivision (e) of Section 33334.2 of the Health and

Safety Code that promote home ownership.

(B) For purposes of this subdivision, the local government's

initial subsidy shall be equal to the fair market value of the home

at the time of initial sale minus the initial sale price to the

moderate-income household, plus the amount of any downpayment

assistance or mortgage assistance. If upon resale the market value is

lower than the initial market value, then the value at the time of

the resale shall be used as the initial market value.

(C) For purposes of this subdivision, the local government's

proportionate share of appreciation shall be equal to the ratio of

the local government's initial subsidy to the fair market value ofthe home at the time of initial sale.

(d) (1) An applicant for a density bonus pursuant to subdivision

(b) may submit to a city, county, or city and county a proposal for

the specific incentives or concessions that the applicant requests

pursuant to this section, and may request a meeting with the city,

county, or city and county. The city, county, or city and county

shall grant the concession or incentive requested by the applicant

unless the city, county, or city and county makes a written finding,

based upon substantial evidence, of any of the following:

(A) The concession or incentive is not required in order to

provide for affordable housing costs, as defined in Section 50052.5

of the Health and Safety Code, or for rents for the targeted units to

be set as specified in subdivision (c).

(B) The concession or incentive would have a specific adverseimpact, as defined in paragraph (2) of subdivision (d) of Section

65589.5, 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- and moderate-income

households.

(C) The concession or incentive would be contrary to state or

federal law.

(2) The applicant shall receive the following number of incentives

or concessions:

(A) One incentive or concession for projects that include at least

10 percent of the total units for lower income households, at least

5 percent for very low income households, or at least 10 percent forpersons and families of moderate income in a common interest

development.

(B) Two incentives or concessions for projects that include at

least 20 percent of the total units for lower income households, at

least 10 percent for very low income households, or at least 20

percent for persons and families of moderate income in a common

interest development.

(C) Three incentives or concessions for projects that include at

least 30 percent of the total units for lower income households, at

least 15 percent for very low income households, or at least 30

percent for persons and families of moderate income in a common

interest development.

odes (gov:65915-65918) http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&gro

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(3) The applicant may initiate judicial proceedings if the city,

county, or city and county refuses to grant a requested density

bonus, incentive, or concession. If a court finds that the refusal to

grant a requested density bonus, incentive, or concession is in

violation of this section, the court shall award the plaintiff

reasonable attorney's fees and costs of suit. Nothing in this

subdivision shall be interpreted to require a local government to

grant an incentive or concession that has a specific, adverse impact,

as defined in paragraph (2) of subdivision (d) of Section 65589.5,

upon health, safety, or the physical environment, and for which there

is no feasible method to satisfactorily mitigate or avoid thespecific adverse impact. Nothing in this subdivision shall be

interpreted to require a local government to grant an incentive or

concession that would have an adverse impact on any real property

that is listed in the California Register of Historical Resources.

The city, county, or city and county shall establish procedures for

carrying out this section, that shall include legislative body

approval of the means of compliance with this section.

(e) (1) In no case may a city, county, or city and county apply

any development standard that will have the effect of physically

precluding the construction of a development meeting the criteria of

subdivision (b) at the densities or with the concessions or

incentives permitted by this section. An applicant may submit to a

city, county, or city and county a proposal for the waiver or

reduction of development standards that will have the effect ofphysically precluding the construction of a development meeting the

criteria of subdivision (b) at the densities or with the concessions

or incentives permitted under this section, and may request a meeting

with the city, county, or city and county. If a court finds that the

refusal to grant a waiver or reduction of development standards is

in violation of this section, the court shall award the plaintiff

reasonable attorney's fees and costs of suit. Nothing in this

subdivision shall be interpreted to require a local government 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, upon health, safety, or the

physical environment, and for which there is no feasible method to

satisfactorily mitigate or avoid the specific adverse impact. Nothing

in this subdivision shall be interpreted to require a localgovernment to waive or reduce development standards that would have

an adverse impact on any real property that is listed in the

California Register of Historical Resources, or to grant any waiver

or reduction that would be contrary to state or federal law.

(2) A proposal for the waiver or reduction of development

standards pursuant to this subdivision shall neither reduce nor

increase the number of incentives or concessions to which the

applicant is entitled pursuant to subdivision (d).

(f) For the purposes of this chapter, "density bonus" means a

density increase over the otherwise maximum allowable residential

density as of the date of application by the applicant to the city,

county, or city and county. The applicant may elect to accept a

lesser percentage of density bonus. The amount of density bonus to

which the applicant is entitled shall vary according to the amount bywhich the percentage of affordable housing units exceeds the

percentage established in subdivision (b).

(1) For housing developments meeting the criteria of subparagraph

(A) of paragraph (1) of subdivision (b), the density bonus shall be

calculated as follows:

Percentage Low-Income Percentage Density Bonus

Units

10 20

11 21.5

12 23

13 24.5


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14 26

15 27.5

17 30.5

18 32

19 33.5

20 35


(B) of paragraph (1) of subdivision (b), the density bonus shall be


Percentage Very Low Percentage Density Bonus

Income Units

5 20

6 22.5

7 25

8 27.5

9 30

10 32.5

11 35


(C) of paragraph (1) of subdivision (b), the density bonus shall be

20 percent of the number of senior housing units.

(4) For housing developments meeting the criteria of subparagraph(D) of paragraph (1) of subdivision (b), the density bonus shall be


Percentage Moderate- Percentage Density Bonus

Income Units

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

(5) All density calculations resulting in fractional units shall

be rounded up to the next whole number. The granting of a density

bonus shall not be interpreted, in and of itself, to require a


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general plan amendment, local coastal plan amendment, zoning change,

or other discretionary approval.

(g) (1) When an applicant for a tentative subdivision map, parcel

map, or other residential development approval donates land to a

city, county, or city and county in accordance with this subdivision,

the applicant shall be entitled to a 15-percent increase above the

otherwise maximum allowable residential density for the entire

development, as follows:

Percentage Very Low Percentage Density Bonus

Income 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

(2) This increase shall be in addition to any increase in density

mandated by subdivision (b), up to a maximum combined mandated

density increase of 35 percent if an applicant seeks an increase

pursuant to both this subdivision and subdivision (b). All density

calculations resulting in fractional units shall be rounded up to the

next whole number. Nothing in this subdivision shall be construed toenlarge or diminish the authority of a city, county, or city and

county to require a developer to donate land as a condition of

development. An applicant shall be eligible for the increased density

bonus described in this subdivision if all of the following

conditions are met:

(A) The applicant donates and transfers the land no later than the

date of approval of the final subdivision map, parcel map, or

residential development application.

(B) The developable acreage and zoning classification of the land

being transferred are sufficient to permit construction of 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) The transferred land is at least one acre in size or ofsufficient size to permit development of at least 40 units, has the

appropriate general plan designation, is appropriately zoned with

appropriate development standards for development at the density

described in paragraph (3) of subdivision (c) of Section 65583.2, and

is or will be served by adequate public facilities and

infrastructure.

(D) 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, not

later than the date of approval of the final subdivision map, parcel

map, or residential development application, except that the local

government may subject the proposed development to subsequent design


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review to the extent authorized by subdivision (i) of Section 65583.2

if the design is not reviewed by the local government prior to the

time of transfer.

(E) The transferred land and the affordable units shall be subject

to a deed restriction ensuring continued affordability of the units

consistent with paragraphs (1) and (2) of subdivision (c), which

shall be recorded on the property at the time of the transfer.

(F) The land is transferred to the local agency or to a housing

developer approved by the local agency. The local agency may require

the applicant to identify and transfer the land to the developer.

(G) The transferred land shall be within the boundary of theproposed development or, if the local agency agrees, within

one-quarter mile of the boundary of the proposed development.

(H) 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 application.

(h) (1) When an applicant proposes to construct a housing

development that conforms to the requirements of subdivision (b) and

includes a child care facility that will be located on the premises

of, as part of, or adjacent to, the project, the city, county, or

city and county shall grant 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 contributessignificantly to the economic feasibility of the construction of the

child care facility.

(2) The city, county, or city and county shall require, as a

condition of approving the housing development, that the following

occur:

(A) The child care 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 density bonus units are required to remain affordable

pursuant to subdivision (c).

(B) Of the children who attend the child care facility, the

children of very low income households, lower income households, or

families of moderate income shall equal a percentage that is equal to

or greater than the percentage of dwelling units that are required

for very low income households, lower income households, or familiesof moderate income pursuant to subdivision (b).

(3) Notwithstanding any requirement of this subdivision, a city,

county, or a city and county shall not be required to provide a

density bonus or concession for a child care facility if it finds,

based upon substantial evidence, that the community has adequate

child care facilities.

(4) "Child care facility," as used in this section, means a child

day care facility other than a family day care home, including, but

not limited to, infant centers, preschools, extended day care

facilities, and schoolage child care centers.

(i) "Housing development," as used in this section, means a

development project for five or more residential units. For the

purposes of this section, "housing development" also includes a

subdivision or common interest development, as defined in Section1351 of the Civil Code, approved by a city, county, or city and

county and consists of residential units or unimproved residential

lots and either a project to substantially rehabilitate and convert

an existing commercial building to residential use or the substantial

rehabilitation of an existing multifamily dwelling, as defined in

subdivision (d) of Section 65863.4, where the result of the

rehabilitation would be a net increase in available residential

units. For the purpose of calculating a density bonus, the

residential units shall be on contiguous sites that are the subject

of one development application, but do not have to be based upon

individual subdivision maps or parcels . The density bonus shall be

permitted in geographic areas of the housing development other than


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the areas where the units for the lower income households are

located.

(j) The granting of a concession or incentive shall not be

interpreted, in and of itself, to require a general plan amendment,

local coastal plan amendment, zoning change, or other discretionary

approval. This provision is declaratory of existing law.

(k) For the purposes of this chapter, concession or incentive

means any of the following:

(1) A reduction in site development standards or a modification of

zoning code requirements or architectural design requirements that

exceed the minimum building standards approved by the CaliforniaBuilding 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,

financially sufficient, and actual cost reductions.

(2) Approval of mixed use zoning in conjunction with the housing

project if commercial, office, industrial, or other land uses 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) Other regulatory incentives or concessions proposed by the

developer or the city, county, or city and county that result inidentifiable, financially sufficient, and actual cost reductions.

(l) Subdivision (k) does not limit or require the provision of

direct financial incentives for the housing development, including

the provision of publicly owned land, by the city, county, or city

and county, or the waiver of fees or dedication requirements.

(m) Nothing in this section shall be construed to supersede or in

any way alter or lessen the effect or application of the California

Coastal Act (Division 20 (commencing with Section 30000) of the

Public Resources Code).

(n) If permitted by local ordinance, nothing in this section shall

be construed to prohibit a city, county, or city and county from

granting a density bonus greater than what is described in this

section for a development that meets the requirements of this section

or from granting a proportionately lower density bonus than what isrequired by this section for developments that do not meet the

requirements of this section.

(o) For purposes of this section, the following definitions shall

apply:

(1) "Development standard" includes a site or construction

condition, including, but not limited to, a height limitation, a

setback requirement, a floor area ratio, an onsite open-space

requirement, or a parking ratio that applies to a residential

development pursuant to any ordinance, general plan element, specific

plan, charter, or other local condition, law, policy, resolution, or

regulation.

(2) "Maximum allowable residential density" means the density

allowed under the zoning ordinance and land use element of the

general plan, or if a range of density is permitted, means themaximum allowable density for the specific zoning range and land use

element of the general plan applicable to the project. Where the

density allowed under the zoning ordinance is inconsistent with the

density allowed under the land use element of the general plan, the

general plan density shall prevail.

(p) (1) Upon the request of the developer, no city, county, or

city and county shall require a vehicular parking ratio, inclusive of

handicapped and guest parking, of a development meeting the criteria

of subdivisi

012114 lakeport city council agenda packet

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