ORD 2286 - Laserfiche WebLink

Ordinance No. 2286 Page 10 of 12 F. Nothing in this chapter requires the provision of direct financial incentives from the city for the housing development, including, but not limited to,the provision of financial subsidies, publicly owned land,fee waivers,or waiver of dedication requirements. The city,at its sole discretion,may choose to provide such direct financial incentives. 17.38.070 Development standards. A. Building permits and final inspections or certificates of occupancy shall be issued concurrently for the market rate units and for any affordable units that qualified the project for a density bonus, incentive, waiver,or parking reduction, so that the affordable units comprise the required percentage of total units. B. All units provided as density bonus units shall comply with the development standards set forth in Section 17.44.050 of this code. 17.38.080 Density bonus for commercial development. A. The following definitions shall apply to this Section 17.38.080: 1. "Commercial development"means a development project for nonresidential and nonindustrial uses. 2. "Commercial development bonus"means modification of development standards mutually agreed upon by the city and a commercial developer and provided to a commercial development eligible for such a bonus under subparagraph 17.38.080(C). Examples of a commercial development bonus include an increase in floor area ratio, increased building height, or reduced parking. 3. "Partnered housing agreement"means an agreement approved by the city between a commercial developer and a housing developer identifying how the commercial development will provide housing available at an affordable ownership cost or affordable rent consisted with subparagraph (h)(3). A partnered housing agreement may consist of the formation of a partnership, limited liability company, corporation,or other entity recognized by the state in which the commercial develop and the housing developer are each partners,members, shareholders,or other participants, or a contract between the commercial developer and the housing developer for the development of both the commercial developer and the housing development. B. When an applicant proposes to construct a commercial development and has entered into a partnered housing agreement approved by the city,the city shall grant a commercial development bonus mutually agreed upon by the developer and the city. The commercial development bonus shall not include a reduction or waiver in fees imposed on the commercial development to provide for affordable housing. C. The partnered housing agreement shall include all of the following provisions: 1. The housing development shall be located either: (i)on the site of the commercial development; or (ii)on a site within the city that is within one-half mile of a major transit stop,as defined in Public Resources Code Section 21155, and is in close proximity to public amenities, including schools and employment centers.