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HomeMy WebLinkAbout2015-05-06; Planning Commission; ; ZCA 14-02|LCPA 14-04 - DENSITY BONUS AMENDMENT The City of Carlsbad Planning Division A REPORT TO THE PLANNING COMMISSION Item No. Application complete date: N/A P.C. AGENDA OF: May 6, 2015 Project Planner: Carl Stiehl Project Engineer: N/A SUBJECT: ZCA 14-02/LCPA 14-04 – DENSITY BONUS AMENDMENT – A request for recommendation of approval of a Zone Code Amendment and Local Coastal Program Amendment to make the city’s density bonus regulations consistent with state law. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 7097 RECOMMENDING APPROVAL of ZCA 14-02 and LCPA 14-04 based on the findings contained therein. II. PROJECT DESCRIPTION AND BACKGROUND This project is a city-initiated Zone Code Amendment and Local Coastal Program (LCP) Amendment consisting of amendments to the city’s density bonus regulations (Municipal Code Chapter 21.86). The primary purpose of this project is to make the city’s regulations pertaining to density bonuses consistent with California Assembly Bill 2222 (Nazarian), which was approved by the Governor on September 27, 2014. With regard to the LCP, the Zoning Ordinance is the implementing ordinance of the Local Coastal Program (LCP); therefore an LCP amendment is necessary. However, no portion of the LCP land use plan document is proposed to be amended. III. ANALYSIS The proposed amendments to the Zoning Ordinance are provided in strikethrough/underline format (Attachment 2) and are summarized and analyzed as follows: A. Summary Assembly Bill 2222 (Nazarian): 1. If a density bonus is requested for a proposed housing development/condominium conversion on property where income-restricted affordable rental dwelling units are located, or occupied by lower or very low income households, including such rental units that have been vacated or demolished in the five-year period preceding the application, and such rental units would be replaced by the proposed development, AB 2222 prohibits an applicant from receiving a density bonus (and related incentives and waivers); unless, the proposed housing development or condominium project would, at a minimum, maintain at least the same number of affordable housing units at the same level of affordability. 2. AB 2222 also increases the required tenure of affordability from 30 years or longer to 55 years or longer for all lower- and very low-income rental units that qualified an applicant for a density bonus. 3 ZCA 14-02/LCPA 14-04 – DENSITY BONUS AMENDMENT May 6, 2015 Page 2 3. AB2222 also adds lower- and very-low income households to the tenure restrictions applicable to for-sale dwelling units (i.e., initial occupant of the for-sale units that qualified an applicant for a density bonus must be persons and families of very low-, low- and moderate income; and the units shall be subject to an equity sharing agreement that applies upon resale of the units). The proposed amendments do not substantially change the requirements of the Zoning Ordinance and increase the city’s ability to retain affordable housing when related to the granting of a density bonus. The amendments are necessary to implement state law consistent with the requirements established by Assembly Bill 2222, and are consistent with applicable portions of the General Plan, other sections of the Zoning Ordinance that are not being amended, and maintains consistency with the LCP. IV. ENVIRONMENTAL REVIEW The proposed amendments are exempt from environmental review pursuant to CEQA Section 15061(B), which exempts projects “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The changes proposed by this project are procedural in nature, are not substantial and will not significantly affect the existing development standards in the Zoning Ordinance; therefore, the project will not result in a significant effect on the environment. A Notice of Exemption will be filed. ATTACHMENTS: 1. Planning Commission Resolution No. 7097 (ZCA 14-02/LCPA 14-04) 2. Proposed Text Changes to the Zoning Ordinance (Title 21) Shown in Strikethrough/Underline Format Attachment 2 DENSITY BONUS AMENDMENT ZCA 14-02/LCPA 14-04 PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) SHOWN IN STRIKETHROUGH/UNDERLINE FORMAT AMENDMENTS TO CHAPTER 21.86 RESIDENTIAL DENSITY BONUS AND INCENTIVES OR CONCESSIONS Section 21.86.040 21.86.040 Density bonus for housing developments. A. The decision-making body shall grant one density bonus, as specified in subsection B of this section, and incentives or concessions, as set forth in Section 21.86.050 of this chapter, when an applicant of a housing development of at least five units seeks and agrees to construct at least any one of the following: 1. A minimum of ten percent of the total units of the housing development as restricted and affordable to lower-income households; 2. A minimum of five percent of the total units of the housing development as restricted and affordable to very low-income households; 3. A senior citizen housing development as defined in Section 21.84.030(A)(7) of this title and Section 51.3 of the California Civil Code, or mobile home 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; or 4. A minimum of ten percent of the total units in a common interest development restricted and affordable to moderate-income households, provided that all units in the development are offered to the public for purchase. B. When an applicant seeks and agrees to construct a housing development meeting the criteria specified in subsection A of this section, the decision-making body shall grant a density bonus subject to the following: 1. The amount of density bonus to which a housing development is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the percentages established in subsection A of this section, as follows: a. For housing developments meeting the criteria of subsection (A)(1) of this section, the density bonus shall be calculated as follows: DENSITY BONUS AMENDMENT (ZCA 14-02/LCPA 14-04) PROPOSED TEXT CHANGES TO CARLSBAD MUNICIPAL CODE Page 2 Table A Density Bonus for Housing Developments with Units Affordable to Low-Income Households Percentage of Low-Income Units (Minimum 10% required) Percentage of Density Bonus to be Granted (Additional 1.5% density bonus for each 1% increase above the 10% minimum) 10 20 11 21.5 12 23 13 24.5 14 26 15 27.5 16 29 17 30.5 18 32 19 33.5 20 35 b. For housing developments meeting the criteria of subsection (A)(2) of this section, the density bonus shall be calculated as follows: Table B Density Bonus for Housing Developments with Units Affordable to Very Low-Income Households Percentage of Very Low-Income Units Percentage of Density Bonus to be Granted 5 20 6 22.5 7 25 8 27.5 9 30 10 32.5 11 35 DENSITY BONUS AMENDMENT (ZCA 14-02/LCPA 14-04) PROPOSED TEXT CHANGES TO CARLSBAD MUNICIPAL CODE Page 3 c. For housing developments meeting the criteria of subsection (A)(3) of this section, the density bonus shall be twenty percent of the number of senior housing units. d. For housing developments meeting the criteria of subsection (A)(4) of this section, the density bonus shall be calculated as follows: Table C Density Bonus for Common Interest Developments with Units Affordable to Moderate- Income Households Percentage of Moderate-Income Units Percentage of Density Bonus to be Granted 10 5 11 6 12 7 13 8 14 9 15 10 16 11 17 12 18 13 19 14 20 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 33 28 34 29 35 30 DENSITY BONUS AMENDMENT (ZCA 14-02/LCPA 14-04) PROPOSED TEXT CHANGES TO CARLSBAD MUNICIPAL CODE Page 4 36 31 37 32 38 33 39 34 40 35 2. The amount of density bonus to which a housing development is entitled shall not exceed thirty-five percent. 3. The applicant may elect to accept a lesser percentage of density bonus than specified in subsection B of this section. 4. If a housing development includes a combination of target dwelling unit types that meet two or more of the criteria specified in subsection A of this section, the applicant shall elect one applicable density bonus. C. When an applicant for a tentative subdivision map, parcel map, or other housing development approval donates land to the city, in accordance with this subsection, the applicant shall be entitled to a density bonus for the entire development, as follows: Table D Density Bonus for Land Donation Percentage of Very Low-Income Units Percentage of Density Bonus to be Granted 10 15 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 DENSITY BONUS AMENDMENT (ZCA 14-02/LCPA 14-04) PROPOSED TEXT CHANGES TO CARLSBAD MUNICIPAL CODE Page 5 25 30 26 31 27 32 28 33 29 34 30 35 1. A density bonus granted pursuant to this subsection shall not exceed thirty-five percent. 2. If an applicant seeks both the density bonus pursuant to this subsection and subsection A of this section, both density bonuses shall be granted up to a maximum combined density bonus of thirty-five percent. 3. An applicant shall be eligible for the density bonus described in this subsection only if all of the following conditions are met: a. The land is donated and transferred to the city no later than the date of approval of the final subdivision map, parcel map or housing development application. b. The developable acreage, zoning classification and general plan land use designation of the land being donated are sufficient to permit construction of the units affordable to very low-income households in an amount not less than ten percent of the number of residential units of the proposed development. c. The transferred land is at least one acre in size or of sufficient size to permit development of at least forty units, and has the appropriate: 1) general plan land use designation; 2) zoning classification with appropriate development standards for development at the density described in paragraph (3) of subdivision (c) of Section 65583.2 of the California Government Code, and 3) is or will be served by adequate public facilities and infrastructure. d. The transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the very low-income housing units on the transferred land, not later than the date of approval of the final subdivision map, parcel map, or housing development, except that the city may subject the proposed development to subsequent design review to the extent authorized by subdivision (i) of Section 65583.2 of the California Government Code if the design is not reviewed by the city prior to the time of transfer. e. The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with Section 21.86.100 of this chapter, which shall be recorded on the property at the time of the transfer. f. The land is transferred to the city or to a housing developer approved by the city. The city may require the applicant to identify and transfer the land to the developer. DENSITY BONUS AMENDMENT (ZCA 14-02/LCPA 14-04) PROPOSED TEXT CHANGES TO CARLSBAD MUNICIPAL CODE Page 6 g. The transferred land shall be within the boundary of the proposed development or, if the city agrees, within one-quarter mile of the boundary of the proposed development. h. Prior to the approval of the final subdivision map, parcel map or housing development application, the developer shall identify a proposed source of funding for the very low income units. D. In cases where an applicant requests a density bonus of more than what is specified in this section, the city council may grant the requested additional density bonus, subject to the following: 1. The project meets the requirements of this chapter. 2. The additional density bonus shall be considered an incentive, in accordance with Section 21.86.050 of this chapter. 3. The city council may require some portion of the additional density bonus units to be designated as target dwelling units. E. The city council may grant a proportionately lower density bonus than what is specified by this section for developments that do not meet the requirements of this chapter. F. The density bonus dwelling units granted pursuant to this chapter shall not be included when determining the number of housing units required by this chapter to be reserved for income-restricted households. G. When calculating the density bonus, or the required number of target dwelling units, any calculations resulting in fractional units shall be rounded up to the next whole unit. H. For the purposes of calculating a density bonus, the residential units shall be on contiguous sites that are the subject of one development application in a housing development, but do not have to be based upon individual subdivision maps or parcels. I. The density bonus units shall be permitted in geographic areas of the housing development other than the areas where the units for lower-income households are located. J. A density bonus housing agreement shall be made a condition of the discretionary permits (i.e., tentative maps, parcel maps, planned unit developments, condominium permits, site development plans and redevelopment permits) for all housing developments that request a density bonus and incentives or concessions. The relevant terms and conditions of the density bonus housing agreement shall be filed and recorded as a deed restriction on those individual lots or units of a project development which are designated for the location of target dwelling units. The density bonus housing agreement shall be consistent with Section 21.86.130 of this chapter. K. An applicant shall be ineligible for a density bonus or any other incentives or concessions under this chapter if the housing development is proposed on any property that includes a parcel or parcels on which rental dwelling units are or, if rental dwelling units have been vacated or demolished in the five-year period preceding the application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and DENSITY BONUS AMENDMENT (ZCA 14-02/LCPA 14-04) PROPOSED TEXT CHANGES TO CARLSBAD MUNICIPAL CODE Page 7 families of lower- or very low-income; subject to any other form of rent or price control through the city’s valid exercise of its police power; or occupied by lower- or very low-income households, unless the proposed housing development replaces those units, and either of the following applies: 1. The proposed housing development, inclusive of the units replaced pursuant to this subsection, contains affordable units at the percentages set forth in Section 21.86.040 of this chapter. 2. Each unit in the development, exclusive of a manager’s unit or units, is affordable to and occupied by either a lower- or very low-income household. 3. For the purposes of this subsection, “replaces” shall mean either of the following: i. If any rental dwelling unit(s) is occupied on the date of application, the proposed housing development shall provide at least the same number of units of equivalent size or type, or both, to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those households in occupancy. For unoccupied dwelling units in a development with occupied units, the proposed housing development shall provide units of equivalent size or type, or both, to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category in the same proportion of affordability as the occupied units. The replacement units shall be subject to the affordability tenure requirements specified in Section 21.86.100. ii. If all rental dwelling units have been vacated or demolished within the five-year period preceding the application, the proposed housing development shall provide at least the same number of units of equivalent size or type, or both, as existed at the highpoint of those units (in the five-year period preceding the application). The replacement units shall be provided at an affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those persons and families in occupancy at the highpoint, if known. If the incomes of the persons and families in occupancy at the highpoint is not known, then one-half of the required units shall be made available at affordable rent or affordable housing cost to, and occupied by, very low-income persons and families and one-half of the required units shall be made available for rent at affordable housing costs to, and occupied by, low-income persons and families. The replacement units shall be subject to the affordability tenure requirements specified in Section 21.86.100. Section 21.86.050 21.86.050 Incentives and concessions for housing developments. A. When an applicant requests a density bonus pursuant to Section 21.86.040(A) of this chapter, the decision-making body shall grant incentives or concessions, subject to the following: DENSITY BONUS AMENDMENT (ZCA 14-02/LCPA 14-04) PROPOSED TEXT CHANGES TO CARLSBAD MUNICIPAL CODE Page 8 1. An applicant shall submit a proposal for any specific incentives or concessions requested pursuant to this section. 2. The decision-making body shall grant the incentive(s) or concession(s) requested by the applicant unless, based upon substantial evidence, any of the following findings are made in writing: a. The incentive or concession is not required in order to provide for affordable housing as defined in Section 21.86.020(A)(1) of this chapter. b. The incentive or concession would have a specific adverse impact 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 specific adverse impact without rendering the development unaffordable to low- and moderate-income households. As used in this paragraph, and as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the California Government Code, a "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 the application was deemed complete. c. The incentive or concession would be contrary to state or federal law. 3. The applicant shall receive the following number of incentives or concessions: a. One incentive or concession for projects that include at least ten percent of the total units for lower-income households, at least five percent for very low-income households, or at least ten percent for persons and families of moderate income in a common interest development. b. Two incentives or concessions for projects that include at least twenty percent of the total units for lower-income households, at least ten percent for very low- income households, or at least twenty percent for persons and families of moderate income in a common interest development. c. Three incentives or concessions for projects that include at least thirty percent of the total units for lower-income households, at least fifteen percent for very low-income households, or at least thirty percent for persons and families of moderate income in a common interest development. 4. An incentive or concession may include any of the following: a. A reduction in site development standards or a modification of zoning code or architectural design requirements (excluding State Building Standards), that results in identifiable, financially sufficient and actual cost reductions. A reduction/modification to standards or requirements may include, but is not limited to, a reduction in minimum lot size, setback requirements, and/or in the ratio of vehicular parking spaces that would otherwise be required. DENSITY BONUS AMENDMENT (ZCA 14-02/LCPA 14-04) PROPOSED TEXT CHANGES TO CARLSBAD MUNICIPAL CODE Page 9 b. Approval of mixed use zoning in conjunction with the housing development if: i) commercial, office, industrial or other land uses will reduce the cost of the housing development; and ii) the commercial, office, industrial, or other land uses are compatible with the housing development and the existing or planned future development in the area where the proposed project will be located. c. Other regulatory incentives or concessions that result in identifiable, financially sufficient and actual cost reductions. d. The city council may, but is not required to, provide direct financial incentives, including the provision of publicly owned land, or the waiver of fees or dedication requirements. 5. The applicant shall show that the requested incentive(s) or concession(s) will result in identifiable, financially sufficient, and actual cost reductions. Section 21.86.070 21.86.070 Density bonus and incentives for condominium conversions. A. When an applicant proposes to convert apartments to condominiums, the decision-making body shall grant either a density bonus or other incentives of equivalent financial value, as set forth in Section 21.86.050(A) of this chapter, if the applicant agrees to provide the following: 1. A minimum of thirty-three percent of the total units of the proposed condominium conversion project as restricted and affordable to low-income or moderate-income households; or 2. A minimum of fifteen percent of the total units of the proposed condominium conversion project as restricted and affordable to lower-income households. B. For purposes of this section "density bonus" means an increase in units of twenty- five percent over the number of apartments, to be provided within the existing structure or structures proposed for conversion. C. For purposes of this section, "other incentives of equivalent financial value" shall not be construed to require the city to provide monetary compensation, but may include the waiver or reduction of requirements that might otherwise apply to the proposed condominium conversion project. D. The density bonus dwelling units shall not be included when determining the number of housing units required to be reserved for income-restricted households. E. When calculating the density bonus, or the required number of target dwelling units, any calculations resulting in fractional units shall be rounded up to the next whole unit. F. Nothing in this section shall be construed to require that the city approve a proposal to convert apartments to condominiums. DENSITY BONUS AMENDMENT (ZCA 14-02/LCPA 14-04) PROPOSED TEXT CHANGES TO CARLSBAD MUNICIPAL CODE Page 10 G. An applicant/developer proposing to convert apartments to condominiums shall be ineligible for a density bonus or other incentives under this section if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentives were provided under Sections 21.86.040 and 21.86.050 of this chapter. H. A density bonus housing agreement shall be made a condition of the discretionary permits (tentative maps, parcel maps, planned unit developments and condominium permits) for all condominium conversion proposals that request a density bonus or other incentives. The relevant terms and conditions of the density bonus housing agreement shall be filed and recorded as a deed restriction on those individual lots or units of a project development which are designated for the location of target dwelling units. The density bonus housing agreement shall be consistent with Section 21.86.130 of this chapter. I. An applicant shall be ineligible for a density bonus or any other incentives or concessions under this chapter if the condominium project is proposed on any property that includes a parcel or parcels on which rental dwelling units are or, if rental dwelling units have been vacated or demolished in the five-year period preceding the application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; subject to any other form of rent or price control through the city’s valid exercise of its police power; or occupied by lower- or very low-income households, unless the proposed condominium project replaces those units, as defined in Section 21.86.040.K.3 of this chapter, and either of the following applies: 1. The proposed condominium project, inclusive of the units replaced pursuant to Section 21.86.040.K.3 of this chapter, contains affordable units at the percentages set forth in Section 21.86.070.A. 2. Each unit in the development, exclusive of a manager’s unit or units, is affordable to, and occupied by, either a lower or very low income household. Section 21.86.100 21.86.100 Affordability tenure. A. All low- and very low-income rental dwelling units that qualified the housing project for a density bonus shall remain restricted and affordable to the designated group for a period of at least thirty fifty-five years, or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. Rents for the target dwelling unit(s) shall be set at an affordable rent as defined in Section 50053 of the Health and Safety Code. B. All very low-, low- and moderate-income for-sale dwelling units that qualified the housing project for directly related to the receipt of a density bonus for a common interest development shall be subject to the following: 1. The initial occupant(s) of the target dwelling unit(s) shall be persons and families of very low, low or moderate income, as required, and the units shall be offered at an affordable housing cost that does not exceed the allowable housing expenses for a moderate-income householdas defined in Section 50052.5 of the Health and Safety Code. DENSITY BONUS AMENDMENT (ZCA 14-02/LCPA 14-04) PROPOSED TEXT CHANGES TO CARLSBAD MUNICIPAL CODE Page 11 2. Unless in conflict with the requirements of another public funding source or law, the target dwelling unit(s) shall be subject to an equity sharing agreement that specifies: a. Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. b. Upon resale, the city shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within five years for any of the purposes described in subdivision (e) of Section 33334.2 of the Health and Safety Code that promote homeownership. i. For the purposes of this subsection, the city's initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price 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 initial market value. ii. For the purposes of this subsection, the city's proportionate share of appreciation shall be equal to the ratio of the city’s initial subsidy to the fair market value of the home at the time of initial sale. 3. If the city provides a direct financial contribution to a common interest the housing development through participation in cost of infrastructure, write-down of land costs, or subsidizing the cost of construction, the target dwelling unit(s) shall remain affordable to the designated income group for at least thirty years. C. For rental projects, the city or its designee shall have a one-time first right of refusal to purchase any project containing affordable units offered for sale at the end of the minimum tenure of affordability. The first right of refusal to purchase the rental project shall be submitted in writing to the housing and neighborhood services director. Within ninety days of its receipt, the city shall indicate its intent to exercise the first right of refusal for the purpose of providing affordable housing. Section 21.86.110 21.86.110 Application process. A. The granting of a density bonus, incentive or concession, pursuant to this chapter, shall not be interpreted, in and of itself, to require a general plan amendment, zone code amendment, local coastal plan amendment, zone change, or other discretionary approval, or the waiver of a city ordinance or provisions of a city ordinance unrelated to development standards. B. Preliminary Application. A preliminary application may be submitted prior to the submittal of any formal development application for a housing project that includes a request for a density bonus, incentive(s) or concession(s). The preliminary application should include the following information: DENSITY BONUS AMENDMENT (ZCA 14-02/LCPA 14-04) PROPOSED TEXT CHANGES TO CARLSBAD MUNICIPAL CODE Page 12 1. A brief description of the proposal including the number of target dwelling units and density bonus units proposed; 2. The zoning, general plan designations and assessors parcel number(s) of the project site; 3. A site plan, drawn to scale, which includes: building footprints, driveway and parking layout, existing contours and proposed grading; 4. A letter identifying what specific density bonus, incentives or concessions (e.g., standards modifications, additional density bonus, or fee waiver, etc.) are being requested of the city; and 5. The planning division shall provide to an applicant/developer, a letter that identifies project issues of concern and the procedures for compliance with this chapter. C. Formal Application. A request for a density bonus, incentive(s) or concession(s), pursuant to this chapter, does not require a discretionary approval. The request shall be processed as part of the development applications for a housing development, as otherwise required in other sections of this code (e.g., site development plan, tentative map, parcel map, planned unit development, conditional use permit, redevelopment permit, etc.). 1. If the project involves a request for direct financial incentives from the city, then any action by the planning commission on the application shall be advisory only, and the city council shall have the authority to make the final decision on any discretionary permits related to the project. 2. The following information shall be included with the development application(s) required for the project: a. A legal description of the total site proposed for development of the target dwelling units including a statement of present ownership and present and proposed zoning; b. A letter signed by the present owner stating what specific density bonus, incentives, or concessions (e.g., standards modifications, additional density bonus, or fee waiver, etc.) are being requested from the city; c. A detailed vicinity map showing the project location and such details as the location of the nearest commercial retail, transit stop, potential employment locations, park or recreation facilities or other social or community service facilities; d. Site plans, designating the total number of units proposed on the site, including the number and location of target dwelling units and density bonus dwelling units, and supporting plans per the application submittal requirements; e. In the case of a request for any incentive(s) or concession(s), a pro forma for the proposed project to justify the request, in accordance with the provisions of Section 21.86.050 of this chapter; DENSITY BONUS AMENDMENT (ZCA 14-02/LCPA 14-04) PROPOSED TEXT CHANGES TO CARLSBAD MUNICIPAL CODE Page 13 f. In the case of a request for a waiver or reduction of development standards, pursuant to Section 21.86.060 of this chapter, evidence that the development standard being waived or reduced will have the effect of physically precluding the construction of the development at the densities or with the concessions or incentives permitted by this chapter; g. In the case of a condominium conversion request, a report documenting the following information for each unit proposed to be converted: i. The monthly income of tenants of each unit throughout the prior year, ii. The monthly rent for each unit throughout the prior year, and iii. Vacancy information for each unit throughout the prior year.