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CC Ordinance 2102 ORDINANCE NO. 2102 BEING AN ORDINANCE OF THE CITY COUNCIL AMENDING TITLE 21 OF THE CAMPBELL MUNICIPAL CODE SECTIONS 21.20.010 - 21.20.090, DENSITY BONUS AND AFFORDABLE HOUSING INCENTIVES IN ORDER TO COMPLY WITH STATE HOUSING LAW After notification and public hearings held by the Planning Commission and City Council as specified by law on the proposed Density Bonus Ordinance, and after presentation by Community Development staff, proponents and opponents, the City Council did determine that amendment of the Zoning Ordinance is warranted based upon the following findings: 1. The State Density Bonus law was revised in 2005, requiring changes to the City's Density Bonus provisions. 2. A comprehensive update of the existing Campbell Municipal Code Chapter 21.20 has been prepared. 3. The update to Chapter 21.20 will replace the existing Chapter in its entirety to conform to the applicable State Law. 4. The proposed amendments to Chapter 21.20 comply with State Law; 5. The proposed amendments are consistent with the City's General Plan. The City Council of the City of Campbell does hereby ordain as follows: SECTION ONE: Sections 21.20.010 - 21.20.090, Title 21, Chapter 21.20, of the Campbell Municipal Code is hereby amended to read as set forth in attached Exhibit A. SECTION TWO: This Ordinance shall become effective thirty (30) days following its passage and adoption and shall be published, one time within fifteen (15) days upon passage and adoption in the Campbell Express, a newspaper of general circulation in the City of Campbell, County of Santa Clara. PASSED AND ADOPTED this 15th day of April 2008 by the following roll call vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTAIN: Councilmembers: Furtado, Kennedy, Low, Hernandez, Burr None None None APPROV~ ~.~~ Donald R. Burr, ayor ATTEST: Exhibit A ORDINANCE NO. AN ORDINANCE OF THE CITY OF CAMPBELL AMENDING CHAPTER 21.20 OF THE CAMPBELL MUNICIPAL CODE, REVISED, CONCERNING DENSITY BONUS AND OTHER INCENTIVES FOR AFFORDABLE RESIDENTIAL UNITS, SENIOR HOUSING AND CHILDCARE FACILITIES. SECTION 1. Chapter 21.20 of the Campbell Municipal Code, Density Bonus Provisions and Other Incentives for Affordable Residential Units, Senior Housing and Childcare Facilities is hereby amended to read as follows: Chapter 21.20 DENSITY BONUS AND OTHER INCENTIVES FOR AFFORDABLE RESIDENTIAL UNITS, SENIOR HOUSING AND CHILDCARE FACILITIES 21.20.010 21.20.020 21.20.030 21.20.040 21.20.050 21.20.060 21.20.070 21.20.080 21.20.090 21.20.100 21.20.110 21.20.120 21.20.130 21.20.140 21.20.150 21.20.160 21.20.170 Purpose. Definitions. Eligibility for Density Bonuses. Density Bonuses for Affordable and Senior Housing. Incentives and Concessions for Affordable Housing. Density Bonus for Land Dedication. Density Bonus or Incentive for Child Care Facilities. Density Bonus for Condominium Conversions. Summary Tables. Calculation of Density Bonus. Standards for Incentives and Concessions; Waiver or Modification Standards for Density Bonus Residential Developments. Affordable Housing Plan Submittal; Requirements for Application for Density Bonus and Other Incentives. City Review of Application for Density Bonuses and Other Incentives. Developer Affordable Housing Agreement. Continued Affordability and Initial Occupancy. Implementation and Enforcement. 21.20.010 Purpose. The purposes of this Chapter 21.20 of the Campbell Municipal Code, Revised are: 1) to provide incentives for the production of housing for very low income, low income, moderate income, and senior households; 2) to provide incentives for the creation of rental housing serving lower and moderate income households; 3) to provide incentives for the construction of child care facilities serving very low, low, and moderate income households; and 4) to implement Sections 65915, 65915.5, and 65917 of the California Government Code as required by Government Code Section 65915(a). In enacting this Chapter it is also the intent of the City of Campbell to implement the goals, objectives, and policies of the City's General Plan Housing Element, which includes a goal to encourage the provision of housing affordable to a variety of household income levels and identifies a density bonus policy as one method to encourage the development of affordable housing (Goal H-5.1 Regulatory Incentives, Program 5.1 (a) Density Bonus). 21.20.020 Definitions. For purposes of this Chapter, the following definitions shall apply. Unless specifically defined below, words or phrases shall be interpreted as to give this Chapter its most reasonable interpretation. 1. "Affordable ownership cost" means average monthly housing costs, during the first calendar year of a household's occupancy, as determined by the City, including mortgage payments, loan issuance fees, if any, property taxes, reasonable allowances for utilities and property maintenance and repairs, homeowners insurance, and homeowners association dues, if any, which do not exceed the following: a. For moderate income households: one-twelfth of thirty-five percent of one hundred ten percent of area median income, adjusted for assumed household size based on presumed occupancy levels of one person in a studio apartment, two persons in a one bedroom unit, three persons in a two bedroom unit and one additional person for each additional bedroom thereafter. b. For lower income households: one-twelfth of thirty percent of seventy percent of area median income, adjusted for assumed household size based on presumed occupancy levels of one person in a studio apartment, two persons in a one bedroom unit, three persons in a two bedroom unit and one additional person for each additional bedroom thereafter. c. For very low income households: one-twelfth of thirty percent of fifty percent of area median income adjusted for assumed household size based on presumed occupancy levels of one person in a studio apartment, two persons in a one bedroom unit, three persons in a two bedroom unit and one additional person for each additional bedroom thereafter. 2. "Affordable rent" means monthly rent, including utilities and all fees for housing services, which does not exceed the following: a. For lower income households: one-twelfth of thirty percent of sixty percent of area median income, adjusted for assumed household size based on presumed occupancy levels of one person in a studio apartment, two persons in a one bedroom unit, three persons in a two bedroom unit, and one additional person for each additional bedroom thereafter. b. For very low income households: one-twelfth of thirty percent of fifty percent of area median, adjusted for assumed household size based on presumed occupancy levels of one person in a studio apartment, two persons in a one bedroom unit, three persons in a two bedroom unit, and one additional person for each additional bedroom thereafter. 3. "Applicant" is a person or entity who applies for a residential project and, if the applicant does not own the property on which the residential project is proposed, also means the owner or owners of the property. 4. "Area median income" is area median income for Santa Clara County as published pursuant to California Code of Regulations, Title 25, Section 6932, (or its successor provision). 5. "Child care facility" is a commercial child day care facility defined in Campbell Municipal Code, Revised Section 21.72.020 as a commercial or non-profit child day care facility not operated as a small or large child day care home and includes infant facilities, preschools, sick child facilities, and school-age day care facilities. 6. "Density bonus" is a density increase, granted pursuant to this Chapter, over the otherwise allowable maximum residential density on a site. 7. "Density bonus units" are living units granted pursuant to this Chapter which exceed the otherwise allowable maximum residential density for a residential project. 8. "Development standard" is a condition that applies to the actual construction or physical site of a residential project (as opposed to standards for entitlement processing or fees) pursuant to any ordinance, general plan element, specific plan, or other local condition, law, policy, resolution, or regulation. 9. "First approval" is the first of the following approvals to occur with respect to a residential project: building permit, planned development permit, tentative parcel map, tentative subdivision map, conditional use permit, site and architectural review permit, or other discretionary City land use approval. 10. "Household income" is the combined adjusted gross income for all adult persons living in a living unit as calculated for the purpose of the Section 8 Program under the United States Housing Act of 1937, as amended, or its successor. 11. "Incentives and concessions" are regulatory concessions as listed in Section 21.20.050 and 21.20.110. 12. "Inclusionary unit" is an ownership or rental living unit which is required under Chapter 21.24 to be rented at affordable rents or sold at an affordable ownership cost to specified households. 13. "Living unit" is one or more rooms designed, occupied, or intended for occupancy as separate living quarters with cooking, sleeping, and bathroom facilities. 14. "Lower income household" is a household whose household income does not exceed the lower income limits applicable to Santa Clara County, as published and periodically updated by the California Department of Housing and Community Development pursuant to Section 50079.5 of the California Health and Safety Code. 15. "Market rate unit" is a living unit, which is not an target unit or an inclusionary unit. 16. "Maximum residential density" is the maximum number of living units permitted by the zoning ordinance on the date an application for a residential project is deemed complete. This definition is used to calculate a density bonus pursuant to this Chapter. 17. "Minor Modification" is a modification that is technical in nature, as opposed to substantive or material. 18. "Moderate income household" is a household whose household income does not exceed the moderate income limits applicable to Santa Clara County, as published and periodically updated by the California Department of Housing and Community Development pursuant to Section 50093 of the California Health and Safety Code. 19. "Qualifying Resident" is a senior citizen or other person eligible to reside in a senior housing project. 20. "Residential project" is any parcel map, subdivision map, conditional use permit, site and architectural review permit, building permit, or other city approval, which authorizes the construction of five (5) or more living units. 21. "Senior housing project" is a senior citizen residential development of thirty-five (35) living units or more as defined in California Civil Code Section 51.3, or a mobilehome park that limits residency based on age requirements for older persons pursuant to California Civil Code Sections 798.76 or 799.5. 22. "Target units" are living units that will be restricted for sale or rent to qualifying residents or will be restricted for sale or rent to, and affordable to, very low, lower or moderate income households thereby qualifying a residential project for a density bonus under this Chapter. Inclusionary units may not be target units unless they are offered at a lower income category as explained in Section 21.20.100(6). 23. "Very low income household" is a household whose household income does not exceed the very low income limits applicable to Santa Clara County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50105 of the California Health and Safety Code. 21.20.030 Eligibility for Density Bonuses. A residential project is eligible for a density bonus if it: bonus units; 1. Creates at least five additional living units, not including any density 2. Includes a request for a density bonus as part of an application for the first approval of a residential project; and 3. Meets the criteria for a density bonus established in Sections 21.20.030,21.20.040, 21.20.060, 21.20.070, or 21.20.080. 21.20.040 Density Bonuses for Affordable and Senior Housing. 1. Very Low and Lower Income Housing and Senior Housing. A residential project is eligible for a twenty percent (20%) density bonus if the applicant seeks a density bonus and agrees to provide one of the following: a. Ten percent (10%) of the total living units as target units affordable to lower income households; or b. Five percent (5%) of the total living units as target units affordable to very low income households; or C. A senior housing project. 2. Moderate Income Housing. A residential project is eligible for a five percent (5%) density bonus if it meets all of the following criteria: a. The applicant seeks a density bonus and agrees to provide at least ten percent (10%) of the total living units as target units affordable to moderate income households; b. The residential project is a common interest development as defined by Section 1351 of the California Civil Code; and c. All of the living units in the residential project are offered to the public for purchase. 3. Additional Density Bonus - The density bonus for which the residential project is eligible shall increase if the percentage of target units affordable to very low, lower, and moderate income households exceeds the base percentage established in subsections (1) and (2) above, as follows: a. Very low income units - For each one percent (1 %) increase above five percent (5%) in the percentage of target units affordable to very low income households, the density bonus shall be increased by two and one half percent (2.5%) up to a maximum of thirty-five percent (35%). b. Lower income units - For each one percent (1 %) increase above ten percent (10%) in the percentage of target units affordable to lower income households, the density bonus shall be increased by one and one half percent (1.5%) up to a maximum of thirty-five percent (35%). c. Moderate income ownership units - For each one percent (1 %) increase above ten percent (10%) of the percentage of target units reserved for sale at an ownership cost affordable to moderate income households, the density bonus shall be increased by one percent (1 %) up to a maximum of thirty-five percent (35%). 21.20.050 Incentives and Concessions for Affordable Housing. An applicant for a density bonus may seek incentives and concessions as follows: 1. One incentive or concession for residential projects where, based on affordable rents or ownership costs, at least ten percent (10%) of the total units are target units affordable to lower income households, at least five percent (5%) of the total units are target units affordable to very low income households, or at least ten percent (10%) of the total units are target units affordable to moderate income households at affordable ownership costs. 2. Two incentives or concessions for residential projects where at least twenty percent (20%) of the total units are target units affordable to lower income households based on affordable rents or ownership costs, at least ten percent (10%) of the total units are target units affordable to very low income, or at least twenty percent (20%) of the total units are target units affordable to moderate income households at affordable ownership costs. 3. Three incentives or concessions for residential projects where at least thirty percent (30%) of the total units are target units affordable to lower income households based on affordable rents or ownership costs, at least fifteen percent (15%) of the total units are target units affordable to very low income households, or at least thirty percent (30%) of the total units are target units affordable to moderate income households at affordable ownership costs. 21.20.060 Density Bonus for Land Dedication. A residential project may be eligible for a density bonus when an applicant for a residential project chooses to dedicate land to the City for the construction of very low income housing as specified in California Government Code 9 65915(h). 21.20.070 Density Bonus or Incentive for Child Care Facilities. A residential project that is eligible for a density bonus and includes a child care facility that will be located on the premises of, as part of, or adjacent to the residential project, may be eligible for an additional density bonus or an additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility as specified in Government Code 965915(i). 21.20.080 Density Bonus for Condominium Conversions. A residential project for a conversion of existing rental apartments to condominiums may be eligible for a density bonus or other incentives of equivalent financial value as specified in Government Code 965915.5. 21.20.090 Summary Tables. The following tables summarize the available density bonuses, incentives, and concessions. Density Bonus Summary A density bonus may be selected from only one category, except that bonuses for land donation may be combined with others, up to a maximum of 35%, and an additional sq. ft. bonus may be granted for a child care facility. As provided in 21.20.100(5), target units provided must be in addition to, or provided to a lower income category than, those required by the City's inclusionary housin re uirements. Very low income Lower-income Moderate income ownershi units onl Senior housing project Land donation for very low income housing Condominium conversion - moderate income Condominium conversion - lower income 5% 10% 20% 20% 2.5% 1.5% 11% 20% 10% 5% 1% 40% 100% senior 10% of market-rate units 20% 15% 1% 30% of market- rate units 33% 25%(A) 15% 25%(A) Child care facility Sq. ft. in child care facilit (A) Notes: A Or an incentive of e ual value, at the Cit 's 0 tion. Incentives and Concessions Summary Pursuant to State Density Bonus Very low income Lower income Moderate income (ownership units only) Maximum Incentive(s)/Concession(s) (A)(B)(C)(D) Notes: (A) A concession or incentive may be requested only if an application is also made for a density bonus. (8) Concessions or incentives may be selected from only one category (very low, lower, or moderate). (C) No concessions or incentives are available for land donation. (D) Condominium conversions and child care facilities may have one concession or a densit bonus at the Cit 's 0 tion, but not both. 5% 10% 10% 20% 10% 20% 1 2 15% 30% 30% 3 21.20.100 Calculation of Density Bonus. 1. When calculating the number of permitted density bonus units, any calculations resulting in fractional units shall be rounded up to the next larger whole number. 2. The density bonus units shall not be included in the "total units" when determining the number of target units required to qualify a residential project for a density bonus pursuant to Section 21.20.040 (1) or (2). When calculating the required number of target units, any calculations resulting in fractional units shall be rounded up to the next larger whole number. 3. The applicant may request a lesser density bonus than the project is entitled to, but no reduction may be permitted in the number of target units or land dedication required to qualify a residential project for a density bonus. Regardless of the number of target units or size of land dedication, no residential project may be entitled to a total density bonus of more than thirty-five percent (35%). 4. Each residential project is entitled to only one density bonus, which may be selected by the applicant based on the percentage of either very low income units, lower income units, or moderate income ownership units, or the project's status as a senior housing project. Density bonuses from more than one category may not be combined, except that bonuses for land dedication pursuant to Section 21.20.060 may be combined with bonuses granted pursuant to Section 21.20.040, up to a maximum of thirty-five percent (35%), and an additional square footage bonus for child care facilities may be granted as described in Section 21.20.070. 5. Land dedications that qualify a project for a density bonus do not fulfill the inclusionary housing requirements set forth in Chapter 21.24. 6. Inclusionary units will only be counted as target units qualifying a project for a density bonus, or incentives and concessions, if the inclusionary units are made available at a lower affordable rent income category or lower affordable ownership cost income category than mandated by the inclusionary requirements set forth in Chapter 21.24. Inclusionary units that are counted as target units shall remain affordable for the length of time required in Chapter 21.24, which is 55 years for rental units and 45 years for owner-occupied units. Example: An applicant proposes to develop a 1 DO-unit residential rental project and seeks a 20% density bonus by reserving 5% of the living units, or 5 living units, for very low income households. The inclusionary requirements in Chapter 21.24 require that 6% of the living units in a residential rental project be reserved for very low income households (the "required very low income inclusionary units") and 9% of the living units must be reserved for lower income households (the "required lower income inclusionary units"). Thus, in this 1 DO-unit residential project, the applicant is required to reserve 6 of the living units for very low income households and 9 of the units for lower income households. Because the required inclusionary units do not count as target units qualifying a project for a density bonus unless the inclusionary units are reserved for a lower income category than required under Chapter 21.24, the income unit break down for this 1 DO-unit project would be as follows: Inclusionary Target DB Remaining Total Units Units Units Units very 6 5 11 low (55 years) (30 income: years) lower 9 9 income: (55 years) market 20 80 100 rate: Total units 120 However, if the applicant reserves any of the required lower income inclusionary units for very low income households, then these units will qualify as target units qualifying the project for a density bonus. If 5 of the required lower income inclusionary units are reserved for very low income units, then those 5 units would be considered target units qualifying the project for a density bonus. In this scenario, the income unit break down would be as follows: Inclusionary Target! DB Remaining Total Units Inclusionary Units Units Units very low 6 5 11 income: (55 years) (55 years) lower 4 4 income: (55 years) market 20 85 105 rate: Total units 120 21.20.110 Standards for Incentives and Concessions; Waiver or Modification of Development Standards 1. Concessions and incentives may be approved by the Planning Commission, unless the residential project or concessions otherwise require approval by the City Council. The applicant shall provide a pro forma demonstrating to the City that the requested concession or incentive results in identifiable, financially sufficient, and actual cost reductions to the project pursuant to California Government Code Section 65915(1)(1). For purposes of this Chapter, as defined in Government Code Section 65915(1), concessions and incentives means any of the following: a. A reduction in site development standards or a modification of zoning code 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, financially sufficient, and actual cost reductions. b. Approval of mixed use zoning in conjunction with the residential project if commercial, office, industrial, or other land uses will reduce the cost of the residential project and if the commercial, office, industrial, or other land uses are compatible with the residential project and the existing or planned development in the area where the proposed residential project will be located. c. Other regulatory incentives or concessions proposed by the developer or the City that result in identifiable, financially sufficient, and actual cost reductions. 2. Waiver or Modification. Applicants may also seek a waiver or modification of development standards that will have the effect of precluding the construction of a residential project meeting the criteria of Sections 21.20.030 and 21.20.040 (1) or (2) at the densities or with the incentives or concessions permitted by this Section. The applicant shall show (1) that the development standards will preclude construction and (2) the waiver or modification is necessary to make the residential project economically feasible based upon appropriate financial analysis and documentation as specified in Section 21.20.130. 3. Nothing in this Section requires the City to provide direct financial incentives for the residential project, including but not limited to the provision of publicly owned land or waiver of fees or dedication requirements. 4. For purposes of this Chapter, concessions and incentives include reductions in site development standards or modifications of zoning code, and other incentives or concessions defined in Government Code Section 65915(1) that result in identifiable, financially sufficient, and actual cost reductions. The approved set of concessions includes the following: 1. Reduction in required on-site parking as described in CMC Section 21.20.120(4); 2. Expedited processing pursuant to a mutually agreed upon schedule (with appropriated indemnification language); 3. Deferral of the collection of impact fees on market rate units until issuance of a certificate of occupancy. 21.20.120 Standards for Density Bonus Residential Developments. 1. Target units qualifying a residential project for a density bonus shall remain affordable as follows: a. Rental target units shall remain affordable to the designated income group for a minimum of thirty years or for a longer period of time if required by any construction or mortgage financing assistance program, mortgage insurance program, rental subsidy program applicable to the living units, or if they are inclusionary units being counted as target units pursuant to 21.200.100 (6). five (45) years. b. Owner-occupied target units shall remain affordable for forty 2. All target units shall be reasonably dispersed throughout the residential project and shall be comparable to the design of the market rate units in terms of distribution of model types, number of bedrooms, appearance, materials and finished quality of the market rate units in the development. There shall not be significant identifiable differences between target and market rate units visible from the exterior, and the size and design of the target units shall be reasonably consistent with the market-rate units in the development. Target units shall have the same access to project amenities and recreational facilities as market rate units. 3. All building permits for target units qualifying a residential project for a density bonus shall be issued concurrently with, or prior to, issuance of building permits for the market rate units, and the target units shall be constructed concurrently with, or prior to, construction of the market rate units. Occupancy permits and final inspections for target units qualifying a residential project for a density bonus shall be approved concurrently with, or prior to, approval of occupancy permits and final inspections for the market rate units. The time requirements set forth in this subsection for issuance of building permits for market rate units and for final inspections for occupancy for market rate units may be modified to accommodate phasing schedules, model variations, or other factors in a residential project, if the City determines this will provide greater public benefit and a detailed schedule for construction or occupancy of the target units is included in the affordable housing plan, as described in Section 21.20.130. 4. Upon the request of the developer, the City shall not require off- street parking for a residential project meeting the criteria of Sections 21.20.030 and 21.20.040 (1) or (2) that exceeds the following: a. Studio to one-bedroom units: one on-site parking space. b. Two to three-bedroom units: two on-site parking spaces. spaces. c. Four and more bedroom units: two and one-half parking Guest parking and handicapped parking shall be included within the maximum number of spaces that may be required. If the total number of parking spaces required for a residential project is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this Section, a residential project may provide on- site parking through tandem parking or uncovered parking, but not through on-street parking. 21.20.130 Affordable Housing Plan Submittal; Requirements for Application for Density Bonus and Other Incentives 1. An application for a density bonus, incentive, concession, waiver, modification, or revised parking standard pursuant to this Chapter shall be submitted as part of the first approval of the residential project. It shall be included in an affordable housing plan and processed concurrently with all other applications required for the residential project. 2. Upon submittal, the Community Development Director shall determine if the affordable housing plan is complete and conforms to the provisions of this chapter. No application for a first approval for a residential project requesting a density bonus, incentives, concessions, or waivers may be deemed complete unless an affordable housing plan is submitted conforming to the provisions of this Section. 3. The affordable housing plan shall include the following information: a. A description of any requested density bonuses, incentives, concessions, waivers or modifications of development standards, or modified parking standards. b. Identification of the base project without the density bonus, number and location of all target units qualifying the project for a density bonus, level of affordability of the target units, and identification of the bonus units. forth. c. The preferences given in selecting occupants shall be set d. For all incentives and concessions except those listed in Section 21.20.110 (2), a pro forma demonstrating that the requested incentives and concessions result in identifiable, financially sufficient, and actual cost reductions. e. For waivers or modifications of development standards: (a) a pro forma demonstrating that the waiver or modification is necessary to make the residential project economically feasible based upon appropriate financial analysis and documentation; and (b) evidence that the development standards for which a waiver is requested will have the effect of precluding the construction of the residential project at the densities or with the incentives or concessions permitted by this Chapter. f. The cost of reviewing any required pro forma data submitted in support of a request for a concession, incentive, waiver or modification, including but not limited to the cost to the City of hiring a consultant to review the pro forma, shall be borne by the applicant. The pro forma shall also include: (a) the actual cost reduction achieved through the incentive, concession, waiver, or modification; and (b) evidence that the cost reduction allows the developer to provide affordable rents or affordable sales prices. g. If the applicant is proposing a modification of the requirement that the target units be constructed concurrently with the market rate units, the affordable housing plan shall describe the proposed phasing at the same level of detail as required in the application for the residential project, specify the security to be provided to the City to ensure that the target units will be constructed, and explain how the proposed phasing would provide greater public benefit than providing the target units concurrently with the market rate units. h. If a density bonus or concession is requested for a senior housing project, the application shall provide that units in the residential project shall be occupied by qualified residents. i. If a density bonus or concession is requested for a land donation, the application shall show the location of the land to be dedicated and provide evidence that each of the findings in Government Code 65915(h) can be made. j. If a density bonus or concession is requested for a child care facility, the application shall show the location and square footage of the child care facility and provide evidence that the findings included in Government Code 65915(i) can be made. k. If a mixed use building or development is proposed, the application shall provide evidence that the findings included in Section 21.20.11 0(4)(g) can be made. 1. For residential projects subject to the inclusionary housing requirements set forth in Chapter 21.24, the affordable housing plan shall also incorporate the requirements of Section 21.24.060 A, and only one affordable housing plan need be submitted. 4. Upon submittal, the Community Development Director shall determine if the affordable housing plan submitted in support of a request for a density bonus, incentive, concession, waiver, modification, or revised parking standard is complete and conforms to the provisions of this Chapter and Chapter 21.24. No application for a first approval for a residential project requesting a density bonus, incentives, concessions, or waivers may be deemed complete unless an affordable housing plan is submitted conforming to the provisions of this Chapter. 21.20.140 City Review of Application for Density Bonuses and Other Incentives. 1. An application for a density bonus, incentive, concession, waiver, modification, or revised parking standard pursuant to this Chapter shall be reviewed as part of the first approval of the residential project by the approval body with authority to approve the residential project, unless additional review by the Planning Commission or City Council is required by Chapter 21.62. Any decision regarding a density bonus, incentive, concession, waiver, modification, or revised parking standard may be appealed as part of an appeal of the residential project as provided in Chapter 21.62. In accordance with state law, neither the granting of a concession or incentive, nor the granting of a density bonus, shall be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval. 2. Before approving an application for a density bonus, incentive, concession, waiver, or modification, the approval body shall make the following findings: a. The residential project is eligible for a density bonus and any concessions, incentives, waivers, modifications, or reduced parking standards requested; conforms to all standards for affordability included in this Chapter; and includes a financing mechanism for all implementation and monitoring costs. b. Any requested incentive or concession will result in identifiable, financially sufficient, and actual cost reductions based upon appropriate financial analysis and documentation if required by Section 21.20.110. c. If the density bonus is based all or in part on dedication of land, the approval body has made the findings included in Government Code 65915(h). d. If the density bonus, incentive, or concession is based all or in part on the inclusion of a child care facility, the approval body has made the finding included in Government Code 65915(i). e. If the incentive or concession includes mixed use buildings or developments, the approval body has made the finding included in Section 21.20.110(4)(g). f. If a waiver or modification is requested, the applicant has shown that the waiver or modification is necessary to make the housing units economically feasible by providing appropriate financial analysis and documentation as described in Section 21.20.110(5), and that the development standards will have the effect of precluding the construction of the residential project at the densities or with the incentives or concessions permitted by this Section. 3. The approval body may deny a request for an incentive or concession for which the findings set forth in Section 21.20.140(2) can be made only if it makes a written finding, based upon substantial evidence, of either of the fOllowing: a. The incentive or concession is not required to provide for affordable rents or affordable ownership costs; or b. The incentive or concession would have a specific adverse impact upon public health or safety, or the physical environment, or on any real property that is listed in the California Register of Historic Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to lower, very low and moderate income households. For the purpose of this subsection, "specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions, as they existed on the date that the application was deemed complete. 4. The approval body may deny a requested waiver or modification for which the findings set forth in Section 21.20.140(2) can be made only if it makes a written finding, based upon substantial evidence, of either of the following: a. The modification would have a specific adverse impact upon health, safety, or the physical environment, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to lower, very low and moderate income households. For the purpose of this subsection, "specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application was deemed complete; or b. The modification would have an adverse impact on any real property that is listed in the California Register of Historic Resources. 5. The approval body may deny a density bonus or concession that is based on the provision of child care facilities and for which the findings set forth in Section 21.20.140(2) can be made only if it makes a written finding, based on substantial evidence, that the City already has adequate child care facilities. 6. A request for a minor modification of an approved affordable housing plan may be granted the Community Development Director or designee if the modification is substantially in compliance with the original affordable housing plan and conditions of approval. A minor modification is technical in nature, as opposed to substantive or material. Substantive or material changes to the affordable housing plan shall be processed in the same manner as the original plan. 21.20.150 Developer Affordable Housing Agreement. (a) Developers requesting a density bonus, incentive, concession, waiver, modification, or revised parking standard granted pursuant to this Chapter, shall agree to enter into a developer affordable housing agreement with the City. A developer affordable housing agreement shall be made a condition of the discretionary planning permits for all residential projects pursuant to this Chapter and shall be recorded as a restriction on any parcels on which the target units will be constructed. When the inclusionary requirements of Chapter 21.24 apply, one affordable housing agreement will be recorded incorporating the requirements of both Chapters. (b) The developer affordable housing agreement shall be recorded prior to final or parcel map approval, or, where the residential project does not include a map, prior to issuance of a building permit for any structure in the residential projects. The developer affordable housing agreement shall run with the land and bind all future owners and successors in interest. (c) The developer affordable housing agreement shall be in a form provided by the City and shall include, without limitation, the following: (1) The total number of units approved for the residential project, the number, location, and level of affordability of the target units and the inclusionary units. (2) Standards for determining affordable rent or affordable ownership cost for the target units and any inclusionary units. (3) The location, unit size in square feet, and number of bedrooms of target units and any inclusionary units. (4) Provisions to ensure initial and continuing affordability in accordance with the requirements of this Chapter and Chapter 21.24, including the execution and recordation of subsequent agreements ensuring continued affordability pursuant to section 21.20.120 and 21.24.060. (5) A schedule for completion and occupancy of target units and inclusionary units in relation to construction of market rate units. (6) A description of any incentives, concessions, waivers, or reductions being provided by the City. (7) A description of remedies for breach of the agreement by either party. The City may identify tenants or qualified purchasers as third party beneficiaries under the agreement. (8) Procedures for qualifying tenants and prospective purchasers of target units, including preferences. (9) Provisions requiring maintenance of records to demonstrate compliance with this chapter. (10) Other provisions to ensure implementation and compliance with this Chapter and Chapter 21.24, if applicable. (d) In the case of senior citizen housing developments, the developer affordable housing agreement shall provide that units in the residential development shall be occupied by qualified residents. (e) Developer affordable housing agreements for land dedication, child care facilities, and condominium conversion shall ensure continued compliance with all conditions included in section 21.20.060, 21.20.070, and 21.20.080 respectively. 21.20.160 Continued Affordability and Initial Occupancy. A. Owner-occupied target units. A resale restriction, covenant, deed of trust and/or other documents acceptable to the Community Development Director or the Director's designee, shall be recorded against each affordable for-sale unit. These documents shall, in the case of target units, which are initially sold, be for a term of 45 years and shall be renewed at each change of title for a period of 45 years. The resale restriction, or other documents authorized by this Subsection, and any change in the form of any such documents which materially alters any policy in the documents, shall be approved by the Community Development Director or his or her designee prior to being executed with respect to any residential project. B. Rental target units. A regulatory agreement, covenant, deed of trust, and/or other documents acceptable to the Community Development Director or the Director's designee, shall be recorded against each residential project containing affordable rental units for a minimum term of 30 years or more. A longer period of time may be specified if required by any construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program applicable to the residential project. C. Eligibility requirements. No household shall be permitted to begin occupancy of a target unit unless the City or its designee has approved the household's eligibility. If the City or its designee maintains a list of, or otherwise identifies, eligible households, initial and subsequent occupants of target units shall be selected first from the list of identified households, to the maximum extent possible, in accordance with rules approved by the Community Development Director or his or her designee. D. Priority for rental or purchase of units. Preference in the rental or purchase of target units shall be given, first (for up to ten percent of all target units subject to this Chapter) to income eligible employees of the City of Campbell, second to income eligible existing Campbell residents, and third to income eligible persons employed within the city limits of the City of Campbell. 21.20.180 Implementation and Enforcement. A. The City Council may adopt guidelines, by resolution, to assist in the implementation of all aspects of this Chapter. B. No permit, license, subdivision approval or map, or other approval or entitlement for a residential project shall be issued, including without limitation a final inspection for occupancy or certificate of occupancy, until all requirements applicable to the residential project at such time pursuant to this Chapter have been satisfied. C. The City Attorney shall be authorized to enforce the provisions of this Chapter and all affordable housing agreements, regulatory agreements, resale controls, deeds of trust, or similar documents placed on target units, by civil action and any other proceeding or method permitted by law. D. Failure of any official or agency to fulfill the requirements of this Chapter shall not excuse any applicant or owner from the requirements of this Chapter. E. The remedies provided for herein shall be cumulative and not exclusive and shall not preclude the City from any other remedy or relief to which it otherwise would be entitled under law or equity. SECTION 4. Severability. If any clause, sentence, or Section of this Chapter or any requirement imposed upon any person or entity due to this Chapter, is found to be unconstitutional, illegal, or invalid, such unconstitutionality, illegality, or invalidity shall affect only such clause, sentence, section or part, or such person or entity, and shall not affect or impair any of the remaining provisions, clauses, sentences, or sections or the effect of this Chapter on other persons or entities. It is hereby declared to be the intention of the City Council that this Chapter would have been adopted had such unconstitutional, illegal, or invalid clause, sentence, section, or part not been included herein, or had such person or entity been expressly exempted from the application of this Chapter. SECTION 5. Effective Date. This ordinance shall be in force and take effect thirty days after final adoption.