18.26.040 State Density Bonus and Affordable Housing Concessions and Incentives.
A developer of a housing development in the City may be permitted a density bonus and incentives in accordance with the provisions of Government Code Sections 65915 through 65918 (State Density Bonus Law) as provided below:
A. Density Bonus. In compliance with Government Code Section 65915 et seq., or successor sections thereto, the City shall provide a density bonus for a qualifying housing development, as defined therein. This section shall apply to all zoning districts within the City that allow residential use. The bonus granted pursuant to this section shall apply only to residential projects or residential components of mixed-use projects, not including units granted as a density bonus. The proposed project shall have all of the following characteristics in order to qualify for a density bonus:
1. The residential development must include a minimum of five (5) dwelling units.
2. The applicant seeks and agrees to provide housing units to very low-, low- or moderate-income households or senior citizens consistent with the ratios specified in Government Code Section 65915.
3. The resulting density is beyond that permitted by the applicable zoning district.
4. The applicant agrees to retain the affordable status of housing units for at least fifty-five (55) years through the recordation of a deed restriction and through entering a density bonus housing agreement as set forth in Larkspur Municipal Code Section 18.26.060.
5. If the residential development is replacing existing affordable housing, the replacement fully complies with Government Code Section 65915(c)(3).
B. Concessions and Incentives. Applicants who voluntarily agree to develop a housing development that complies with the affordability requirements referenced in subsection (A) of this section may submit to the City a proposal for the specific incentive(s) or concession(s) described in Larkspur Municipal Code Section 18.26.050(G) or otherwise provided by applicable state law, including all provisions of the Density Bonus Law, Government Code Sections 65915 through 65918. A proposal shall be submitted concurrently with the application for a density bonus. (Ord. 1030 § 2(12), 2018; Ord. 999 § 2, 2015)