17.32.040 Applications for bonus requests.
A. Site Plan Review. An application for site plan review shall be required for any density bonus request. Applications submitted under this process will be reviewed and acted on by the planning director. The planning director may, at his/her discretion, forward a site plan review permit to the planning commission for their consideration and action. Decisions on applications by the director and/or planning commission may be appealed pursuant to Chapter 17.72, Appeals, in Division 7, Zoning Code Administration.
B. Continuing Affordable Unit Availability.
1. Approval of an application for density bonus will require the developer to maintain the continued affordability of the designated lower-income units for a minimum of thirty years.
2. Density Bonus Agreement. In order to preserve long-term affordability, prior to issuance of a building permit for any dwelling unit in a development for which a density bonus has been awarded, the developer must enter into the city’s standard density bonus agreement. The density bonus agreement will run with the land, be binding upon successors in interest, and be recorded with the county recorder.
C. Findings. In addition to the findings required for the approval of the site plan review permit and any other permit required for the project, the approval of a density bonus shall require the approving body to first make all of the following findings:
1. The project will be consistent with the general plan, except as provided by this chapter with regard to maximum density, density bonus, and any other incentives and concessions;
2. The approved number of dwellings can be accommodated by existing and planned infrastructure capacities;
3. Adequate evidence exists to indicate that the project will provide affordable housing in a manner consistent with the purpose and intent of this section;
4. In the event that the city does not grant at least one financial concession or incentive as defined in Government Code Section 65915 in addition to the density bonus, that additional concessions or incentives are not necessary to ensure affordable housing costs as defined in Health and Safety Code Section 50052.5, or for rents for the targeted units to be set as specified in Government Code Section 65915(c); and
5. There are sufficient provisions to guarantee that the units will remain affordable for the required time period. (Ord. 706 §3 (Exh. A), 2019).