§ 9-1-37. Density bonuses for affordable housing.

(a)

Eligibility. The provision of density bonuses, incentives and concessions for affordable housing developments shall be governed by state law, including but not limited to Government Code section 65915 et seq.

(b)

Procedures. The procedures for implementing this section are the following:

(1)

Site development permit. Density bonuses, incentives and concessions may be granted through approval of a site development permit by the city council (after recommendation from the planning commission). For projects within the Gateway Specific Plan area, consistency with the specific plan must also be demonstrated, including but not limited to provisions for community benefits to exceed the base line density, and to ensure that the trip capacity limits, required traffic improvements and other mitigation measures identified in the specific plan and related Program Environmental Impact Report are satisfied, consistent with Government Code sections 65915(d)(1) and 65915(e)(1).

(2)

Affordable housing agreement. Prior to issuance of building permits for affordable housing developments approved under this section, the applicant shall comply with the requirements of section 65915 regarding entering into an agreement to ensure affordability of designated units. The affordable housing agreement shall contain the provisions required by state law and also include the following:

a.

The applicant shall grant the city the continuing right of first refusal to purchase or lease any or all of the designated units at fair market value; and

b.

The deeds to the designated units shall contain a covenant stating that the applicant or the applicant's successors in interest shall not sell, rent, lease, sublet, assign or otherwise transfer any interests in such unit without the written approval of the city, confirming that the sales price of the units is consistent with the limits established for low and moderate-income households as adjusted by the Consumer Price Index.

The city shall also have the authority to enter into other agreements with the applicant or purchasers of the dwelling units as may be necessary to assure that the designated dwelling units are continuously occupied by eligible households.

(c)

Condominium conversions. The creation or continuation of affordable dwelling units in connection with the conversion of apartments to condominiums shall be governed by Government Code section 65915.5. The procedures for the review of such conversions are set forth in section 9-1-36 and this section.

(Ord. No. 99-107, § 5, 2-2-99; Ord. No. 2013-173, § 3, 2-19-13)