A. The availability of housing for California's diverse and growing population is a matter of statewide importance. State statutes recognize that cooperation between government and the private sector is critical to attainment of the state's housing goals, among which are to promote and assist in development of housing for various special needs groups, among which are the homeless, low- and moderate- income households and senior citizens. Section 65915 of the California Government Code establishes the framework for granting a density bonus and/or development incentive(s) or concession(s) for housing developments for lower, very-low or moderate income households, senior citizens, transitional foster youth, disabled veterans, and homeless persons. In addition, it contains provisions for a density bonus or development incentive/concession when a child care facility is to be included with an affordable housing development, or when land is donated for affordable housing under specified conditions.
B. This section (15.17.120) applies to a housing development that provides at least one of following:
1. For the purpose of this section, "total units" does not include units added by a density bonus.
2. Ten percent of the total units of a housing development for lower income households, where income does not exceed 80 percent of Area Median Income, pursuant to Section 50079.5 of the Health and Safety Code.
3. Five percent of the total units of a housing development for very-low income households, where income does not exceed 50 percent of Area Median income pursuant to Section 50105 of the Health and Safety Code.
4. A senior citizen housing development containing at least 35 units and residents are 62 years of age or older, or 55 years of age or older in a senior citizen housing development pursuant to Section 51.3 of the Civil Code, or a 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 Civil Code.
5. Ten percent of the total dwelling units in a common interest development, for persons and families of moderate income, where income does not exceed 120 percent of Area Median Income pursuant to Section 50093 of the Health and Safety Code, provided that all units in the development are offered to the public for purchase.
6. Ten percent of the total units of a housing development for transitional foster youth, as defined in Section 66025.9 of the Education Code, disabled veterans, or homeless persons, as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.). The units described in this subparagraph shall be subject to a recorded affordability restriction of 55 years and shall be provided at the same affordability level as very-low income units.
a. For the purposes of this subsection "transitional foster youth" means a person whose dependency was established or continued by the court on or after their sixteenth birthday, and who is no older than 25 years of age pursuant to Section 66025.9 of the Education Code
b. For the purposes of this subsection "disabled veteran" means a veteran who is currently declared by the United States Veterans Administration to be 10 percent or more disabled as a result of service in the armed force pursuant to Section 18541 of the Government Code.
C. An applicant requesting a density bonus, concession(s), incentive(s) or waiver(s) shall make such request at the time an application is first submitted for review and approval.
D. An application for a density bonus shall include the following information:
1. Existing land uses on the property, including any existing rental housing unit(s).
2. Type and location of affordable units.
3. All requested development incentives and/or concessions.
4. Evidence that the incentives and/or concessions will result in identifiable and actual cost reductions to provide for affordable housing units.
5. All requested waivers of development standards.
6. Evidence that each standard for which a waiver is requested physically precludes the project at the density or with the incentives or concessions allowed under this section.
E. For a project meeting one or more of the criteria identified in 15.17.120.B above, the City shall grant a density bonus as follows:
1. For purposes of calculating the amount of the density bonus pursuant to 15.17.120.B above, an applicant shall elect whether the bonus shall be awarded on the basis of subparagraph 2, 3, 4, 5 or 6.
2. The amount of the density increase to which the applicant is entitled shall vary according to the percentage of units to be provided for income levels or types as shown in the tables below. In each of the following circumstances, all density calculations resulting in fractional units shall be rounded up to the next whole number.
3. Any density bonus granted pursuant to this section shall be subject to the normal review process without additional permits or hearings.
a. For a housing development meeting the criteria of 15.17.120.B.2, the following density bonus shall be granted:
Low Income Units | |
Minimum Percentage Low-Income Units | Percentage Density Bonus |
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 a housing development meeting the criteria of 15.17.120.B.3, the following density bonus shall be granted:
Very-Low Income Units | |
Minimum Percentage Very-Low-Income Units | Percentage Density Bonus |
Very-Low Income Units | |
Minimum 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% |
c. For a housing development meeting the criteria of 15.17.120.B.4, the density bonus shall be 20 percent of the number of senior housing units.
d. For a housing development meeting the criteria of 15.17.120.B.6, the density bonus shall be 20 percent of the number of units provided for transitional foster youth, disabled veterans or homeless persons
e. For a housing development meeting the criteria of 15.17.120.B.5, the following density bonus shall be granted:
Moderate Income Units | |
Minimum Percentage Moderate Income Units | Percentage Density Bonus |
Moderate Income Units | |
Minimum 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% |
F. For a project meeting one or more of the criteria of subsection B above, the City shall grant development incentive(s) and concession(s), subject to the normal review process and without additional permits or hearings, as stated below:
1. One incentive or concession for projects that include at least 10 percent of the total units for lower income households, at least 5 percent for very-low income households, or at least 10 percent for persons and families of moderate income in a common interest development.
2. Two incentives or concessions for projects that include at least 20 percent of the total units for lower income households, at least 10 percent for very low income households, or at least 20 percent for persons and families of moderate income in a common interest development.
3. Three incentives or concessions for projects that include at least 30 percent of the total units for lower income households, at least 15 percent for very low income households, or at least 30 percent for persons and families of moderate income in a common interest development.
G. For a project meeting one or more of the criteria of 15.17.120.B above, an applicant may request a waiver or reduction of development standard(s) when it can be shown that the specific development standard(s) will physically preclude the construction of a development at the density permitted under subsection D above, and with the incentives or concessions pursuant to subsection E above.
H. Upon request of the developer, the following parking provisions shall apply. All parking ratios identified below are inclusive of handicapped and guest parking.
1. For a proposed housing development meeting one or more of the criteria of 15.17.120.B above, the parking ratio shall be as follows:
a. Zero to one bedroom: 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. For a proposed housing development that includes at least 20 percent of the units for lower income households or 11 percent of the units for very-low income households and where there is unobstructed access to a major transit stop that is located within one-half mile of the development, the parking ratio shall be 0.5 spaces per bedroom.
3. For a proposed housing development consisting solely of rental units that are affordable to lower income families, and where there is unobstructed access to a major transit stop that is located within one-half mile of the development, the parking ratio shall be 0.5 spaces per unit.
4. For a proposed housing development consisting solely of rental units for individuals who are 62 years of age or older, when the development has either paratransit service or unobstructed access within one-half mile to fixed bus route service that operates at least eight times per day, the parking ratio shall be 0.5 spaces per unit.
5. For a proposed special needs housing development that has either paratransit service or unobstructed access within one-half mile to fixed bus route service that operates at least eight times per day, the parking ratio shall be 0.3 spaces per unit.
6. For the purposes of this subsection, a major transit stop means any one of the following:
a. the Fullerton Transportation Center, or
b. the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods, or
c. a major transit stop that is included in the Regional Transportation Plan.
7. For the purposes of this subsection, paratransit means a passenger vehicle that is operated for hire and regularly provides transportation services to persons with disabilities or persons age 55 or older.
8. For the purposes of this subsection, unobstructed access means the one-half mile distance is measured based on actual walking route between the housing development and major transit stop rather than a straight line between points.
9. If the total number of parking spaces required for a development is a fractional number, the number shall be rounded up to the next whole number.
10. For the purposes of this subsection, parking shall be provided on-site, and may be provided as tandem or uncovered parking.
11. A request by a housing developer to utilize the parking ratio in this subsection shall not affect the number of incentives or concessions pursuant to 15.17.120.F.
I. The City shall not be required to grant a requested density bonus, incentive or concession or waiver of development standards under the following circumstances:
1. The density bonus, incentive or concession, or waiver of development standards will have an adverse impact upon health, safety or the physical environment when there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
2. The density bonus, incentive or concession will have an adverse impact upon a property that is listed in the California Register of Historical Resources.
3. An "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.
J. A housing development as described in Government Code Section 65915 (c)(3)shall be ineligible for a density bonus or incentives or concessions unless replacement housing is provided in accordance with the same Section.
K. When City grants a density bonus and/or development incentives, concessions, or waivers, the property shall be subject to a Regulatory Agreement and Declaration of Covenants and Restrictions ("Agreement") that establishes rental or sales price criteria for all affordable units. The provisions of such Agreement constitute covenants which shall run with the land and shall benefit and burden the property as provided therein.
1. The provisions of the Agreement shall include.
a. Percentage of affordable units in the housing development, number and allocation of affordable units by size and location.
b. The percentage of unit types and sizes among the affordable units shall be the same as the percentage of unit types and sizes units throughout the project as a whole.
c. Affordable units shall be distributed throughout the development, and not clustered together.
2. The formula used to calculate maximum rents shall be as set forth in the California Health and Safety Code Section 50053, including utility allowance as published by the Orange County Housing Authority.
3. The Agreement shall run with the land and shall be in effect for a minimum period of 55 years from the date the building is first occupied, or a longer period if required by the finance or insurance program, in accordance with Government Code Section 65915(c).
L. When an applicant for a tentative subdivision map or other residential development proposal donates land to the City, the applicant shall be entitled to a 15 percent density bonus above the otherwise maximum allowable residential density for the entire development, subject to compliance with all provisions of Government Code Section 65915 (g).
M. When an applicant proposes to construct a housing development meeting one or more of the criteria of 15.17.120.B above and includes a child care facility that will be located on the premises of, or part of, or adjacent to the project, the City shall grant either an additional density bonus or an additional development concession in accordance with the provisions of California Government Code Section 65915(h). For the purposes of this section, a 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 facilities, and school-age child care centers.
(Ord. 3248 (part), 2017; Ord. 3195 § 2, 2013; Ord. 2982, 2001)