(A) Density bonus requirements.
(1) Authority. A density bonus shall be available, consistent with the requirements of Cal. Gov’t Code § 65915 and sections amendatory or supplementary thereto, as provided in full below.
(a) Any applicant for a density bonus shall make such application, on a form approved by the Community Development Director, at the time of submitting any entitlement application for the development for which a density bonus is being requested.
(b) Any summaries of state law provided within this section are only provided as general information.
(c) The state statute cited shall apply in full as it exists at the time of application for a density bonus, and should therefore be reviewed by any applicant.
(2) Incentives and concessions. When an applicant seeks a density bonus for a housing development within, or for the donation of land for housing within the jurisdiction of the city, the city shall provide the applicant incentives or concessions for the production of housing units and child care facilities as prescribed in this section.
(3) Options for applicants. The city shall grant one density bonus, the amount of which shall be as specified in division (E), and incentives or concessions as described in division (C), when an applicant for a housing development seeks and agrees to construct a housing development, excluding any units permitted by the density bonus awarded pursuant to this section, that will contain at least any one of the following:
(a) Ten percent of the total units of a housing development for
LOWER INCOME HOUSEHOLDS, defined in Cal. Health & Safety Code § 50079.5 as follows: persons and families whose income does not exceed the qualifying limits for lower income families, as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937. The limits shall be published by the department in the California Code of Regulations as soon as possible after adoption by the Secretary of Housing and Urban Development. In the event the federal standards are discontinued, the department shall, by regulation, establish income limits for lower income households for all geographic areas of the state at 80% of area median income, adjusted for family size and revised annually. LOWER INCOME HOUSEHOLDS include very low income households and extremely low income households.
Example of Density Bonus Calculation: Applicant proposes housing of 100 total units with 10 units restricted for lower income households. Density bonus granted is 20% of 100 units = 20 units. Applicant may develop 120 units with 10 of those units restricted to lower income households.
(b) Five percent of the total units of a housing development for
VERY LOW INCOME HOUSEHOLDS, defined in Cal. Health & Safety Code § 50105 as follows: persons and families whose incomes do not exceed the qualifying limits for very low income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937.
(c) A
SENIOR CITIZEN HOUSING DEVELOPMENT, defined in Cal. Civ. Code § 51.3 as a residential development developed, substantially rehabilitated, or substantially renovated for, senior citizens, aged 55 and older, that has at least 35 dwelling units, or a mobilehome park that limits
residency based on age requirements for housing for older persons pursuant to Cal. Civ. Code § 798.76 or § 799.5.
(d) Ten percent of the total dwelling units in a
COMMON INTEREST DEVELOPMENT, defined in Cal. Civ. Code § 1351 as a community apartment project, a condominium project, a planned development or a stock cooperative for persons and families of moderate income, defined in Cal. Health & Safety Code § 50093 as persons and families whose income does not exceed 120% of area median income, adjusted for family size by the department in accordance with adjustment factors adopted and amended from time to time by the United States Department of Housing and Urban Development, pursuant to Section 8 of the United States Housing Act of 1937, provided that all units in the development are offered to the public for purchase.
(4) Applicant’s election of basis for bonus. For purposes of calculating the amount of the density bonus pursuant to division (E), the applicant who requests a density bonus pursuant to this subdivision shall elect whether the bonus shall be awarded on the basis of subdivision (a), (b), (c) or (d) of division (3).
(5) Continued affordability.
(a) An applicant shall agree to, and the city shall ensure, continued affordability of all low and very low income units, which qualified the applicant for the award of the density bonus, for 30 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 lower income density bonus units shall be set at an affordable rent, as defined in Cal. Health & Safety Code § 50053. Owner-occupied units shall be available at an affordable housing cost, as defined in Cal. Health & Safety Code § 50052.5.
(b) An applicant shall agree to, and the city shall ensure that the initial occupant of the moderate income units that are directly related to the receipt of the density bonus in the common interest development, as defined in Cal. Civ. Code § 1351 and referred to in division (A)(3)(d) above, are persons and families of moderate income, as defined in Cal. Health & Safety Code § 50093, and that the units are offered at an affordable housing cost, as defined in Cal. Health & Safety Code § 50052.5. The city shall enforce an equity-sharing agreement, unless it is in conflict with the requirements of another public funding source or law.
(B) Requirements for equity-sharing agreement. The following apply to the equity-sharing 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 city shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within three years for any of the purposes that promote home ownership, as described in Cal. Health & Safety Code § 33334.2(e).
(2) For purposes of this division, 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 down payment 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.
(3) For purposes of this subdivision, the city'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) Incentives and concessions.
(1) An applicant for a density bonus pursuant to division (A)(3) may submit to the city a proposal for the specific incentives or concessions that the applicant requests pursuant to this section, and may request a meeting with the city.
(2) 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:
(a) The concession or incentive is not required in order to provide for affordable housing costs, as defined in Cal. Health & Safety Code § 50052.5, or for rents for the targeted units to be set as specified in division (A)(5); or
(b) The concession or incentive would have a
SPECIFIC, ADVERSE IMPACT, defined in Cal. Gov’t Code § 65589.5(d)(2) to include a significant, quantifiable, direct and unavoidable impact upon public health and safety or the physical environment, or on any real property 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.
(3) The applicant shall receive the following number of incentives or concessions:
(a) One incentive or concession for projects that include at least 10% of the total units for lower income households, at least 5% for very low income households, or at least 10% for persons and families of moderate income in a common interest development.
(b) Two incentives or concessions for projects that include at least 20% of the total units for lower income households, at least 10% for very low income households, or at least 20% for persons and families of moderate income in a common development.
(c) Three incentives or concessions for projects that include at least 30% of the total units for lower income households, at least 15% for very low income households, or at least 30% for persons and families of moderate income in a common interest development.
(4) The applicant may initiate judicial proceedings if the city refuses to grant a requested density bonus, incentive or concession.
(a) If a court finds that the refusal to grant a requested density bonus, incentive or concession is in violation of this section, the court shall award the plaintiff reasonable attorney's fees and costs of suit.
(b) Nothing in this division shall be interpreted to require the city to grant an incentive or concession that has a
SPECIFIC, ADVERSE IMPACT, defined in Cal. Gov’t Code § 65589.5(d)(2) as a significant, quantifiable, direct and unavoidable impact upon health, safety or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
(c) Nothing in this division shall be interpreted to require the city to grant an incentive or concession that would have an adverse impact on any real property listed in the California Register of Historical Resources.
(D) Waiver or reduction of development standards.
(1) In no case may the city apply any development standard that will have the effect of precluding the construction of a development meeting the criteria of division (A)(3) at the densities or with the concessions or incentives permitted by this section.
(a) An applicant may submit to the city a proposal for the waiver or reduction of development standards and may request a meeting with the city.
(b) If a court finds that the refusal to grant a waiver or reduction of development standards is in violation of this section, the court shall award the plaintiff reasonable attorney's fees and costs of suit.
(c) Nothing in this division shall be interpreted to require the city to waive or reduce development standards, if the waiver or reduction would have a
SPECIFIC, ADVERSE IMPACT, defined in Cal. Gov’t Code § 65589.5(d)(2) to include a significant, quantifiable, direct, and unavoidable impacts upon health, safety or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
(d) Nothing in this division shall be interpreted to require the city to waive or reduce development standards that would have an adverse impact on any real property listed in the California Register of Historical Resources.
(2) The applicant shall show that the waiver or modification is necessary to make the housing units economically feasible.
(E) Calculation of density bonus.
(1) For the purposes of this chapter,
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.
(a) The applicant may elect to accept a lesser percentage of density bonus.
(b) 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 division (A)(3).
(2) For housing developments meeting the criteria of division (A)(3)(a), the density bonus shall be calculated as follows:
Percentage Low Income Units | Percentage Density Bonus |
Percentage Low Income Units | Percentage Density 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 |
(3) For housing developments meeting the criteria of division (A)(3)(b), the density bonus shall be calculated as follows:
Percentage Very Low Income Units | Percentage Density Bonus |
Percentage Very Low Income Units | Percentage Density Bonus |
5 | 20 |
6 | 22.5 |
7 | 25 |
8 | 27.5 |
9 | 30 |
10 | 32.5 |
11 | 35 |
(4) For housing developments meeting the criteria of division (A)(3)(c), as senior housing developments, the density bonus shall be 20%.
(5) For housing developments meeting the criteria of division (A)(3)(d), the density bonus shall be calculated as follows:
Percentage Moderate Income Units | Percentage Density Bonus |
Percentage Moderate Income Units | Percentage Density Bonus |
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 |
36 | 31 |
37 | 32 |
38 | 33 |
39 | 34 |
40 | 35 |
(6) All density calculations resulting in fractional units shall be rounded up to the next whole number. The granting of a density bonus shall not be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change or other discretionary approval. As used in division (A)(3), "total units" or "total dwelling units" does not include units permitted by a density bonus awarded pursuant to this section or any local law granting a greater density bonus. The density bonus provided by this section shall apply to housing developments consisting of five or more dwelling units.
(F) Additional density bonus through donation of land. When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to the city, as provided for in this division, the applicant shall be entitled to a 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 development, as follows:
Percentage Very Low Income | Percentage Density Bonus |
Percentage Very Low Income | Percentage Density Bonus |
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 |
25 | 30 |
26 | 31 |
27 | 32 |
28 | 33 |
29 | 34 |
30 | 35 |
(1) This increase shall be in addition to any increase in density mandated by division (A)(3), up to a maximum combined mandated density increase of 35%, if an applicant seeks increases required pursuant to both this division and division (A)(3).
(a) All density calculations resulting in fractional units shall be rounded up to the next whole number.
(b) Nothing in this division shall be construed to enlarge or diminish the authority of the city to require a developer to donate land as a condition of development.
(2) An applicant shall be eligible for the increased density bonus described in this division if all of the following conditions are met:
(a) The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map or residential development application.
(b) The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households, in an amount not less than 10% 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 40 units, 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.
1. The land shall have appropriate zoning and development standards to make the development of the affordable units feasible.
2. No later than the date of approval of the final subdivision map, parcel map, or of the residential development, 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, except that the local government may subject the proposed development to subsequent design review, to the extent authorized by Cal. Gov’t Code § 65583.2(i), if the design is not reviewed by the local government prior to the time of transfer.
(d) The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with division (A)(5)(a) and (b), which shall be recorded on the property at the time of dedication.
(e) The land is transferred to the local agency or to a housing developer approved by the local agency. The local agency may require the applicant to identify and transfer the land to the developer.
(f) 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.
(G) Additional density bonus or concession or incentive through provision of child care facility.
(1) When an applicant proposes to construct a housing development that conforms to the requirements of division (A)(3) and includes a child care facility that will be located on the premises of, as part of, or adjacent to, the project, the city shall grant either of the following:
(a) 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.
(b) An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility.
(2) The city shall require, as a condition of approving the housing development, that the following occur:
(a) The child care facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable pursuant to division (A)(5).
(b) Of the children who attend the child care facility, the children of very low income households, lower income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low income households, lower income households, or families of moderate income pursuant to division (A)(3).
(3) Notwithstanding any requirement of this division, 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 has adequate child care facilities.
(4) As used in this section,
CHILD CARE FACILITY means a CHILD CARE FACILITY other than a family day care home, including but not limited to, infant centers, preschools, extended day care facilities, and school age child care centers.
(5) As used in this section,
HOUSING DEVELOPMENT means one or more groups of projects for residential units constructed in the planned development of the city. For the purposes of this section, HOUSING DEVELOPMENT also includes a subdivision or COMMON INTEREST DEVELOPMENT, defined in Cal. Civ. Code § 1351 as a community apartment project, a condominium project, a planned development or a stock cooperative, for PERSONS AND FAMILIES OF MODERATE INCOME, defined in Cal. Health & Safety Code § 50093 as persons and families whose income does not exceed 120% of area median income, approved by the city, and consists of residential units or unimproved residential lots, and either a project to substantially rehabilitate and convert an existing commercial building to residential use, or the substantial rehabilitation of an existing MULTIFAMILY DWELLING, defined in Cal. Gov’t Code § 65863.4(d) as any structure designed for human habitation that has been divided into two or more legally created independent living quarters, where the result of the rehabilitation would be a net increase in available residential units. For the purpose of calculating a density bonus, the residential units do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located.
(6) The granting of a concession or incentive shall not be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, or other discretionary approval.
(7) For the purposes of this chapter,
CONCESSION or INCENTIVE means any of the following:
(a) A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission, as provided in Part 2.5 (the State Building Code commencing with Cal. Health & Safety Code § 18901) of Division 13 of the Health and Safety Code, including but not limited to, a reduction in setback and square footage requirements, and in the ratio of vehicular parking spaces that would otherwise be required, that results in identifiable, financially sufficient and actual cost reductions.
(b) Approval of mixed use zoning in conjunction with the housing project, if commercial, office, industrial or other land uses will reduce the cost of the housing development, and if the commercial, 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 project will be located.
(c) Other regulatory incentives or concessions proposed by the developer or the city that result in identifiable, financially sufficient and actual cost reductions. This division does not limit or require the provision of direct financial incentives for the housing development, including the provision of publicly owned land, by the city or the waiver of fees or dedication requirements.
(H) City’s discretion in granting density bonuses. Nothing in this section shall be construed to prohibit the city from granting a density bonus greater than what is described in this section for a development that meets the requirements of this section, or from granting a proportionately lower density bonus than what is required by this section for developments that do not meet the requirements of this section.
(I) Definitions. For purposes of this section, the following definitions shall apply:
(1) DEVELOPMENT STANDARD includes site or construction conditions that apply to a residential development pursuant to any ordinance, general plan element, specific plan, charter amendment, or other local condition, law, policy, resolution or regulation.
(2) MAXIMUM ALLOWABLE RESIDENTIAL DENSITY. The density allowed under the zoning ordinance, or if a range of density is permitted, the maximum allowable density for the specific zoning range applicable to the project.
(J) Parking requirements.
(1) Upon the request of the developer, the city shall not require a vehicular parking ratio, inclusive of handicapped and guest parking, of a development meeting the criteria of division (A)(3), that exceeds the following ratios:
(a) Zero to one bedrooms: one onsite parking space.
(b) Two to three bedrooms: two onsite parking spaces.
(c) Four and more bedrooms: two and one-half parking spaces.
(2) If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this division, a development may provide “onsite parking” through tandem parking or uncovered parking, but not through on-street parking.
(3) This division shall apply to a development that meets the requirements of division (A)(3), but only at the request of the applicant. An applicant may request additional parking incentives or concessions beyond those provided in this section, subject to division (C).
(Ord. 4520, passed 3-24-08; Am. Ord. 4735, passed 5-14-18)