O 596 ORDINANCE NO 596
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE ADDING CHAPTER 16 82 TO
TITLE 16 OF THE ARROYO GRANDE MUNICIPAL
CODE REGARDING THE CITY'S DENSITY BONUS
AND AFFORDABLE HOUSING INCENTIVES IN
ACCORDANCE WITH STATE DENSITY BONUS LAW
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES HEREBY ORDAIN
AS FOLLOWS
SECTION 1 FINDINGS AND PURPOSE
The City Counal finds and declares
A In September 2004, the Governor signed SB 1818 which significantly changed
the State's density bonus law
B SB 1818 imposes new state housing mandates on California cities in the form o1
required density bonuses and incentroes for housing developers The law changes both
the set-aside requirements for affordable units and the density bonus As additional
affordable units are set aside, it gradually increases the density bonus to a maximum o1
35 percent This law also provides housing developers with additional incentwes or
concessions as the percentage of affordable units is increased It also permits housing
developers to request a waiver of development standards if necessary to make a
development feasible Cities must grant the requested concessions unless certain
findings are made SB 1818 also includes density bonus provisions for senior housing
development and for housing developers that donate land to the pty for affordable
housing This legislation also continued previous density bonus provisions tc
encourage the inclusion of child care facilities in affordable housing developments
C In September 2005, the Governor also signed into law SB 435 This law
expanded the swpe of developments entitled to obtain density bonuses to include
senior mobilehome parks, community apartment developments, and stock cooperatives
and made additional, non-substantive clanfications to the law
D SB 1818 and SB 435 regwre sties to adopt implementing ordinances
Notwithstanding the sty's constitutional nght to control land use, this Ordinance
incorporates the new density bonus provisions and establishes an implementation
process addressing the incentives and concessions regwred by State law
E In accordance with State law this Ordinance would modify the city's existing
density bonus regulations to alter the number of units that developers must agree to set
aside as affordable to qualify for a density bonus and the corresponding density bonus
percentages, to permit density bonuses for common interest developments, senior
atizen developments, qualifying mobilehome parks, and donations of land, to authonze
ORDINANCE NO 596
PAGE 2
density bonuses for affordable housing developments that include a child care facility or
site, and to provide regwred incentives, concessions, and development waivers
F The City Council finds and declares that the public health, safety and genera
welfare requires adoption of this Ordinance since these revisions are mandated by
State law
G The proposed Ordinance is consistent with the Arroyo Grande General Plan
because it implements the General Plan Housing Element to assist in the fulfillment o1
Regional Housing Needs, Affordability and Special Housing Needs
SECTION 2 ADDITION OF CHAPTER 18 82
Title 16, "Development Code," of the City of Arroyo Grande Muniapal Code is hereby
amended to add a new Chapter 16 82 entitled "Density Bonuses," as follows
Chapter 18 82 Density Bonuses
18 82 010 Purpose and Application
16 82 020 Definitions
18 82 030 Qualrficatrons for Density Bonus and Incentives and Concessions
18 82 040 Continued Affordability and Density Bonus Housing Standards
16 82 050 Incentives and Concessrons
18 82 060 Waiver/Modification of Development Standards
18 82 070 Specified Density Bonus Percentages
16 82 080 Land Donation
16 82 090 Child Care Facilities
16 82 100 Condominium Conversions
16 82 110 Parking Incentives
16 82 120 Application and Review Procedures
18 82 130 State Law Amendments
16 82 010 Purpose and Application
The purpose of this Chapter is to establish procedures for implementing State density
bonus regwrements, as set forth in California Government Code Section 65915, as
amended, and to increase the production of affordable housing, consistent with the
city s goals, objectives, and policies
16 82 020 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 urnt within a housing development which will
be rented or sold to and reserved for very low income households, lower income
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PAGE 3
households, moderate income households and/or senior atizens at an affordable
housing cost for the respective group(s) in accordance with Section 65915 of the
Califorrna Government Code and this Chapter
'Affordable rent" means that level of rent defined in Section 50053 of the California
Health and Safety Code
"Applicant means a developer or applicant for a density bonus pursuant to Section
65915, subdivsion (b), of the California Govemment Code and Section 16 82 030 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 faalities, and
school age child care centers
Common interest development bears the same meaning as defined in Section 1351 of
the Cahforrna Civil Code
"Density bonus" means a density increase over the otherwise maximum allowable
residential density under the applicable zoning ordinance and land use element of the
general plan as of the date of application by the applicant to the city
Development standard" means site or construction conditions that apply to a housing
development pursuant to any ordinance, general plan element, speafic plan, charter
amendment, or other local condition, law, policy, resolution or regulation
"Housing development," means one or more groups of protects for residential urnts in
the planned development of the city "Housing development" also includes a
subdivision or common interest development, as defined in Section 1351 of the
California Ciwl Code, approved by the aty and consisting of residential urnts or
urnmproved residential lots and either a project to substantially rehabilitate and convert
an existing commercial budding to residential use or the substantial rehabilitation of an
existing multifamily dwelling, as defined in subdivsion (d) of Section 65863 4, where the
result of the rehabilitation would be a net increase in available residential urnts
"Lower income households" bears the same meaning as defined in Section 50079 5 of
the California Health and Safety Code
"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 range applicable to the subject project
"Moderate Income" or persons and families of moderate income" means those middle-
income families as defined in Section 50093 of the Califorrna Health and Safety Code
"Qualified mobdehome park" means a mobdehome park that limits residency based on
age requirements for housing for older persons pursuant to Section 798 76 or 799 5 of
the California Civil Code
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PAGE 4
"Redevelopment Agency" means the Arroyo Grande Redevelopment Agency, a public
body, corporate and politic, organized and existing under the California Commurnty
Redevelopment Law (Health & Safety Code Section 33000 et seq )
Senior citizen housing development means senior citizen housing as defined in
Sections 51 3 and 51 12 of the California Civil Code
Specific adverse impact means any adverse impact as defined in paragraph (2),
subdivision (d), of California Government Code 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 speafic adverse impact without rendering the housing
development unaffordable to low- and moderate-income households
"Very low income households' bears the same meaning as defined in Section 50105 of
the Health and Safety Code
16 82 030 Qualifications for Density Bonus and Incentives and Concessions
A The pty shall grant one density bonus as specified in Section 16 82 070 and
incentives or concessions as described in Section 16 82 050, when an applicant seeks
and agrees to wnstruct a housing development excluding any units permitted by the
density bonus awarded pursuant to this Chapter, that wdl contain at least any one of the
following
1 Ten percent (10%) of the total units of the housing development as
affordable housing units affordable to lower income households, or
2 Five percent (5%) of the total units of the housing development as
affordable housing units affordable to very low income households, or
3 A senior atizen housing development, or
4 A qualified mobdehome park or
5 Ten percent (10%) of the total units of a common interest development as
affordable housing units affordable to moderate income households,
provided that all units in the development are offered to the public for
purchase subtect to the restrictions specified in this Chapter
B As used in paragraph A of this Section 16 82 030, the term "total units" does not
include units permitted by a density 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 shall be awarded on the basis of subparagraph 1, 2, 3, 4 or 5 of
this Section 16 82 030, paragraph A Each housing development is entitled to only one
density bonus, which may be selected based on the percentage of either very low
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PAGE 5
affordable housing units, lower income affordable housing units or moderate income
affordable housing units, or the developments status as a sernor citizen housing
development or qualrfied mobilehome park Density bonuses from more than one
category may not be combined
16 82 040 Continued Affordability And Density Bonus Housing Standards
A Subfect to paragraph C of this Section, an applicant shall agree to, and the sty
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 penod of 30 years or a longer
penod of time if regwred by the construction or mortgage finanang assistance program,
mortgage insurance program, or rental subsidy program Rents for affordable housing
units for lower income households shall be set at an affordable rent Owner-occupied
affordable housing units shall 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 units that are directly related to the receipt of the density bonus rn a
common interest development, are persons and families of moderate income and that
the units are offered at an affordable housing cost The local government shall enforce
an equity-shanng agreement unless it is in conflict with the regwrements of another
public funding source or law The following shall apply to the equity-shanng agreement
1 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 sty shall recapture any irntial subsidy and its
proportionate share of appreciation, which shall then be used within three
years for any of the purposes that promote homeownership as described
in subdivision (e) of Section 33334 2 of the California Health and Safety
Code that promote homeownership
2 For purposes of this subdivision, the city's irntial subsidy shall be equal to
the fair market value of the home at the time of initial sale minus the irntial
sale pace 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 irntial market value
3 For purposes of this subdivision, the sty's proportionate share of
appreciation shall be equal to the ratio of the initial subsidy to the fair
market value of the home at the time of initial sale
C Notwithstanding the foregoing, very low-, low-, and moderate-income urnts in
housing developments qualified for a density bonus that are located in any
redevelopment protect area within the City, shall remain at an affordable level for a
period of not less than 45 years for owner-occupied urnts, and not less than 55 years for
rental units in accordance with applicable provisions of the Califorrna Commurnty
Redevelopment Law (Health 8 Safety Code Section 33000 et seq )
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PAGE 6
D Any contract, deed restriction, or other instrument used to implement paragraphs
A and/or B and/or C of this Section 16 82 040, shall be signed by the applicant and by
the City as parties If the housmg development is located within any redevelopment
project area within the City, such contract, deed restriction, or other instrument shall be
signed by the Redevelopment Agency as a party or, at the Redevelopment Agency's
election, the contract, deed restriction, or other instrument shall identify the
Redevelopment Agency as an express third-party benefiaary with the right to enforce
the terms of such contract, deed restriction, or other instrument
E All affordable urnts shall be reasonably dispersed throughout the housing
development, shall be proportional, m size, bedroom number and location to the market
rate units, and shall be comparable with the market-rate urnts m terms of the base
design, architectural appearance, budding materials and firnshed quality All affordable
urnts m a housmg development shall be constructed concurrently with or prior to the
construction of the market-rate units In the event the sty approves a phased project,
the affordable units required by this Chapter shall be provided within each phase of the
residential development unless otherwise approved by the Director of Commurnty
Development
F Applicants receiving density bonuses shall use best efforts to provide a
substantial proportion of any affordable housmg urnts in the housmg development to
citizens residing or employed within the sty
16 82 050 Incentives and Concessions
A An applicant for a density bonus may also submit to the city a proposal for
specific incentives or concessions in exchange for the provision of affordable housmg
units m accordance with this Chapter The applicant may also request a meeting with
the sty's Director of Commurnty Development to discuss such 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 regwred in order to provide for
affordable housmg costs or for rents for the targeted urnts to be set as
specified m Section 16 82 040 (i a ,the applicant is unable to demonstrate
that the waiver or modification is necessary to make the housmg units
economically feasible), or
2 The concession or incentive would have a specific adverse impact
B If the conditions of Section 16 82 030 and paragraph A of this Section 16 82 050
are met by an applicant, the sty may grant an applicant applying for incentives or
concessions the following number of incentives or concessions
1 One incentive or concession for housmg developments that include At
least ten percent (10%) of the total units affordable to lower income
households, or at least five percent (5%) of the total urnts affordable to
very low income households or at least ten percent (10%) of the total
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PAGE 7
urnts affordable to persons and families of moderate income in a common
interest development
2 Two incentroes or concessions for housing developments that include At
least twenty percent (20%) of the total units affordable to lower income
households or at least ten percent (10%) of the total urnts affordable to
very low income households, or at least twenty percerit (20%) of the total
units affordable 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 percent (30%) of the total units for lower income households,
or at least fifteen percent (15%) for very low income households, or at
least thirty percent (30%) for persons and families of moderate income in
a common interest development
C For the purposes of this Chapter, available concessions or incentroes may
include any of the following
1 A reduction in site development standards or a modrfication of zoning
code regwrements or architectural design regwrements that exceed the
minimum building standards approved by the California Building
Standards Commission as provided in Part 2 5 (commencing with Section
18901) of Droision 13 of the Califorrna Health and Safety Code, including,
but not limited to, a reduction in setback and square footage regwrements
and in the ratio of vehicular parking spaces that would otherwise be
regwred that results in identifiable, financally suffiaent, and actual cost
reductions
2 Approval of mixed use zoning in conjunction with the housing
development if commeraal, office, industrial, or other land uses will reduce
the cost of the housing development and if the commeraal, 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 development will be located
3 Other regulatory incentroes or concessions proposed by the applicant or
the city that result in identifiable, financially suffiaent and actual cost
reductions
4 For purposes of this Chapter, the parking ratios set forth in Government
Code section 65915 (and Section 16 82 110 of this Chapter) for qualified
affordable housing projects shall be deemed a concession or incentive
available to the applicant
D This Section 16 82 050 does not limit or regwre the provision of direct financial
incentroes for the housing development, including the provision of publicly-owned land,
by the aty or the waiver of fees or dedication regwrements Nor does any provision of
ORDINANCE NO 596
PAGE 8
this section require the city to grant an incentve or concession found to have a specific
adverse impact
E The granting of a concession or incentive shall not be interpreted, in and of itself
to regwre a general plan amendment, local coastal plan amendment zornng change, of
other discretionary approval
F Applicants seeking a condommwm conversion may apply for either a density
bonus or an incentive of egwvalent financial value (as that term is defined m
Government Code section 65915 5) m accordance with Section 16 82 100 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 Section 16 82 120
16 82 080 Waiver/Modification of Development Standards
A Applicants may, by application seek a waiver, modification or reduction of
development standards that wdl otherwise preclude or inhibit the utilization of the
density bonus on speafic sites in a housing development at the densities or with the
concessions or incentives permitted by this Chapter The applicant may also request a
meeting with the aty to discuss such request for waiver/modification In order to obtain
a waiver/modification of development standards, the applicant shall show that (i) the
waroer or modification is necessary to make the housing urnts economically feasible,
and (u) that the development standards wdl have the effect of precluding the
construction of a housing development meeting the cntena of Section 16 82 030,
paragraph A, at the densities or with the concessions or incentives permitted by this
Chapter
B Nothing in this Section 16 82 060 shall be interpreted to require the city to waive,
modify or reduce development standards if the wavier, modification or reduction would
have a speafic adverse impact
C The application and review process for awaiver/modfcation of development
standards is set forth in Section 16 82 120
16 82 070 Specified Density Bonus Percentages
A Only housing developments consisting of five (5) or more dwelling units are
eligible for the density bonus percentages provided by this Section 16 82 070 The
amount of density bonus to which the applicant is entitled shall vary according to the
amount by which the percentage of affordable housing units exceeds the percentage
established in Section 16 82 030, paragraph A
B For housing developments meeting the cntena of subparagraph (1) of paragraph
(A) of Section 16 82 030, the density bonus shall be calculated as follows
UKDINANGE NO 596
PAGE 9
Percenta eLow-Income Umts Percenta a Dens~t Bonus
10 20
11 21 5
12 23
13 24 5
14 26
15 27 5
17 30 5
18 32
19 33 5
20 35 maximum
C For housing developments meeting the cntena of subparagraph (2) of paragraph
(A) of Section 16 82 030, the dense bonus shall be calculated as follows
Percentage Very Low Income Percentage Density Bonus
Units
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 subparagraphs (3) and (4) of
paragraph (A) of Section 16 82 030, the density bonus shall be twenty percent (20%)
E For housing developments meeting the cntena of subparagraph (5) of paragraph
(A) of Section 16 82 030, the density bonus shall be calculated as follows
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PAGE 10
Percentage Moderate Income Percentage Density Bonus
Unrts
10 5
11 6
12 7
13 8
14 9
15 10
16 11
17 12
18 13
19 14
2p 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
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PAGE 11
33 28
34 29
35 30
36 31
37 32
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 is entitled under this Chapter All density bonus calculations
resulting in a fractional number shall be rounded upwards to the next whole number
The granting of a density bonus shall not be interpreted, m and 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 urnts do not have
to be based upon individual subdiwsion maps or parcels The density bonus shall be
permitted in geographic areas of the housing development other than the areas where
the urnts for the lower income households are located
H The application and rewew process for a density bonus as provided by this
section is set forth in Section 16 82 120
16 82 080 Land Donation
A When an applicant for a tentative map, subdivision map, parcel map, or other
residential development approval donates land to the city as provided for m this Section
16 82 080 the applicant shall be entitled to a fifteen percent (15%) increase above the
otherwise maximum allowable residential density under the applicable,zoning ordinance
and land use element of the general plan for the entire housing development, as
follows
Percentage Very Low Income Percentage Density Bonus
Units
(Based upon maximum
density allowed on donated
land
10 15
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PAGE 12
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 maximum
This increase shall be in addition to any increase m density mandated by Section
16 82 030, up to a maximum combined mandated density increase of thirty-five percent
(35%) if an applicant seeks both the increase regwred pursuant to this section and
Section 16 82 030 All density calculations resulting in fractional units shall be rounded
up to the next whole number Nothing in this section shall be construed to enlarge of
diminish the sty's authority to regwre an applicant to donate land as a condition o1
development
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PAGE 13
B An applicant shall be eligible for the increased density bonus described in this
section if the city is able to make all the following conditions and findings
1 The applicant donates and transfers the land no later than the date of
approval of the final subdwision 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 sufficent to permit construction of units affordable to very
low income households in an amount not less than ten percent (10%) 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
permd development of at least forty (40) urnts, has the appropriate general
plan designation is appropriately zoned for development as affordable
housing, and is or will be served by adequate public facilities and
infrastructure The land shall have appropriate zomng~'and development
standards to make the development of the affordable unds feasible No
later than the date of approval of the final subdivision map, parcel map, or
date of approval of the development application for the housing
development, the transferred land shall have all of the permits and
approvals, other than bwlding permits, necessary for the development of
very tow income housing urnts on the transferred land, except that the aty
may subject the proposed development to subsequent design rewew to
the extent authorized by subdivision (Q of Government Code Section
65583 2 rf the design is not reviewed by the local government prior to the
time of transfer
4 The transferred land and the very low income urnts constructed on the
land will be subject to a deed restrcton ensuring continued affordability of
the units consistent with this Chapter, which restriction 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 may regwre the applicant to identify and transfer the
land to such cdy-approved developer, including but not hmded to the
Redevelopment Agency
6 The transferred land shall be within the boundary of the proposed
development or, if the pty agrees in writing, within one-quarter mile of the
boundary of the proposed development
C The application and rewew process for a donation of land and related density
bonus is set forth in Section 16 82 120
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PAGE 14
16 82 090 Child Care Faalities
A When an applicant proposes to construct a housing development that includes
affordable urnts as specified in Section 16 82 030 and includes a child care facility that
will be located on the premises of, as part of or adjacent to such housing development
the city shall grant either of the following if requested by the applicant
1 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
2 An additional concession or incentive that contributes sigrnficantly to the
economic feasibility of the construction of the child care faality
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 faality will remain in operation for a period of time that is as
long as or longer than the period of time during which the affordable
housing urnts are required to remain affordable pursuant to Section
16 82 040
2 Of the children who attend the child care facility, the percentage of
children of very low income households lower income households, or
moderate income households shall be equal to or greater than 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 regwrement of this Section 16 82 090, the city 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
already has adequate child care facilities
C The application and review process for the provision of child care facilities and
related density bonus or concessions or incentives is set forth in Section 16 82 120
16 82 100 Condominium Conversions
Any applicant seeking to convert apartments into condominwms may receroe a density
bonus or incentives of egwvalent financial value (as that term is defined in Government
Code section 65915 5) upon an application made in contunction with its map application
pursuant to the Subdmsion Map Act, this code and consistent with Government Code
section 65915 5 Any appeal of any density bonus or incentive of egwvalent financial
value or review by the Planning Commission to the City Council shall automatically
require an appeal of the underlying map to that body An applicant shall be ineligible for
a density bonus or other incentives under this Section 16 82 100 if the apartments
ORDINANCE NO 596
PAGE 15
proposed for conversion constitute a housing development for which a density bonus or
other incentives or concessions were provided under Government Code section 65915
Nothing in this section shall be construed to regwre the city to approve a proposal to
convert apartments to condominwms
16 82110 Parking Incentives
A Housing developments meeting any of the criteria of Section 16 82 030
paragraph A, shall be granted the following maximum parking ratios, inclusive of
handicapped and guest parking, which shall apply to the entire development, not dust
the restricted affordable units, when requested in writing by an applicant
1 Zero to one bedroom dwelling unit one onsite parking space,
2 Two to three bedrooms dwelling urnt two onsite parking spaces,
3 Four or more bedrooms two and one-half parking spaces
B If the total number of spaces regwred results in a fractional number, it shall be
rounded up to the next whole number For purposes of this subdivision, a development
may provide "onsite parking" through tandem parking or uncovered parking, but not
through on-street parking
16 82120 Application and Review Procedures
A A written application for a density bonus, incentive, concession, waiver, or
modification pursuant to this Chapter shall be submitted with the first application for
approval of a housing development and processed concurrently with all other
applications regwred for the housing development The application shall be submitted
on a form prescribed by the aty and shall include at least the following information
1 Site plan showing total number of units, number and location of affordable
housing units, and number 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 development standards, or modified parking standards
The application shall include evidence that the requested incentives and
concessions are regwred for the provision of affordable housing costs
and/or affordable rents, as well as evidence relating to any other factual
findings regwred under Section 16 82 050
4 If a density bonus or concession is requested in connection with a land
donation, the application shall show the location of the land to be
dedicated and provide evidence that each of the findings included in
Section 16 82 080 can be made
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PAGE 16
5 If a density bonus or concession/incentive is requested for a childcare
faality the application shall show the location and square footage of the
child care faalities and provide evidence that each of the findings included
Section 16 82 090 can be made
B An application for a density bonus, incentive or concession pursuant to this
Chapter shall be considered by and acted upon by the approval body with authority to
approve the housing development and subject to the same administrative appeal
procedure, if any In accordance with state law, neither the granting of a concession,
incentive, waver, or modification nor the granting of a density bonus shall be
interpreted, in and of itself, to regwre a general plan amendment, zoning change,
variance, or other discretionary approval
C For housing developments requesting a waiver, modification or reduction of a
development standard, an application pursuant to this subdroision shall be heard by the
aty planning commission A public hearing shall be held by the planning commission
and the commission shall issue a determination Pursuant to Government Code
Section 65915, the planning commission shall approve the requested
waiver/modification or reduction of development standards unless one of the following
conditions applies
1 The waiver/modification is not regwred to make the proposed affordable
housing urnts feasible, or
2 The waiver/modification will have a specific adverse impact
The deasion of the aty planning commission may be appealed to the city council within
fourteen consecutive calendar days of the date the decision is made in the manner
provided in Arroyo Grande Mumapal Code
D Notice of any city determination pursuant to this section shall be provided to the
same extent as required for the underlying development approval
16 82 130 State Law Amendments
This Chapter implements the laws for density bonuses and other incentive and
concessions available to qualified applicants under Government Code Sections 65915-
65918 In the event these Government Code sections are amended, those amended
provisions shall be incorporated into this Chapter as if fully set forth herein Should any
inconsistenaes exist between the amended State law and the provisions set forth in this
Chapter, the amended State law shall prevail
SECTION 3 Any provision of the Arroyo Grande Municipal Code or appendices thereto
inconsistent with the provisions of this Ordinance to the extent of such inconsistencies
and no further, is hereby repealed or modified to that extent necessary to effect the
provisions of this Ordinance
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PAGE 17
SECTION 4 If any section subsection sentence clause, or phrase of this Ordinance is
for any reason held to be invalid or unconstitutional by a decision of any court of
competent jurisdiction such decision shall not affect the validity of the remaining
portions of this Ordinance The City Council hereby declares that it would have passed
this Ordinance and each and every section subsection, sentence, clause or phrase not
declared invalid or unconstitutional without regard to whether any portion of the
ordinance would be subsequently declared invalid or unconstitutional
SECTION 5 A summary of this Ordinance shall be published in a newspaper published
and circulated in the City of Arroyo Grande at least five (5) days pnor to the City Council
meeting at which the proposed Ordinance is to be adopted A certified copy of the full
text of the proposed Ordinance shall be posted in the office of the Director of
Administrative Services/City Clerk Within fifteen (15) days after adoption of the
Ordinance the summary with the names of those City Council Members voting for and
against the Ordinance shall be published again and the Director of Administrative
Services/City Clerk shall post a certified copy of the full text of such adopted Ordinance
SECTION 6 This Ordinance shall become effective thirty (30) days after the date of its
adoption
On motion of Council Member Fellows seconded by Mayor Pro Tem Arnold and on the
following roll call vote to-wit
AYES Council Members Fellows Arnold, Guthne, Costello and Mayor Ferrara
NOES None
ABSENT None
the foregoing Ordinance was adopted this 11`h day of December 2007
ORDINANCE NO 5910
PAGE 18
TONY FER MAYOR
ATTEST
(,~.~2,~cco~.~
KELLY WET OR ,CITY CLERK
APPROVED AS TO CONTENT
i
ST V N ADAMS, CITY MANAGER
APPROVED AS TO FORM
~-2~ / ~
TI OTC L, C ATTORNEY
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San
Lws Obispo, State of California, do hereby certify under penalty of pequry, that
the attached is a true, full, and correct copy of Ordinance No 596 which was
introduced at a regular meeting of the City Council on November 27, 2007, was
passed and adopted at a regular meeting of the City Council of the City of Arroyo
Grande on the 11 day of December 2007, and was duly published in
accordance with State law (G C 40806)
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 13"'
day of December 2007
KELLY ET bRE, CITY CLERK
I