§ 10-3-5.103 ALLOWED DENSITY BONUSES.

   The review authority shall determine the amount of a density bonus allowed in a housing development in compliance with this section. For the purposes of this subchapter, DENSITY BONUS means a density increase over the otherwise maximum allowable residential density under the applicable General Plan Land Use designation and zone as of the date of application by the applicant to the city.

   (A)   Density bonus. A housing development that complies with the eligibility requirements specified in § 10-3-5.102(A) above, shall be entitled to density bonuses as follows, unless a lesser percentage is proposed by the applicant.

      (1)   Bonus for units for lower income households. A housing development that is eligible for a bonus in compliance with the criteria specified in § 10-3-5.102(A)(1), (10% of units for lower income households) shall be entitled to a density bonus calculated as follows:

   TABLE 103.1 - BONUS FOR LOWER INCOME HOUSEHOLDS

Percentage of Low-Income Units Proposed	Percentage of 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

 

      (2)   Bonus for units for very low-income households. A housing development that is eligible for a bonus in compliance with the criteria specified in § 10-3-5.102(A)(2), 5% of units for very low-income households) shall be entitled to a density bonus calculated as follows:

   TABLE 103.2 - BONUS FOR VERY LOW-INCOME HOUSEHOLDS

Percentage of Very Low-Income Units Proposed	Percentage of Density Bonus
5	20
6	22.5
7	25
8	27.5
9	30
10	32.5
11	35

 

      (3)   Bonus for senior citizen development. A housing development that is eligible for a bonus in compliance with the criteria in § 10-3-5.102(A)(3), (senior citizen development or mobile home park) shall be entitled to a density bonus of 20%.

      (4)   Bonus for moderate income units in common interest development. A housing development that is eligible for a bonus in compliance with the criteria specified in § 10-3-5.102(A)(4), (10% of units in a common interest development for persons and families of moderate income) shall be entitled to a density bonus calculated as follows:

   TABLE 103.3 - BONUS FOR MODERATE INCOME HOUSEHOLDS

Percentage of Moderate-Income Units Proposed	Percentage of 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

 

      (5)   Density bonus for land donation. When an applicant for a tentative map, parcel map, or other residential development approval donates land to the city in compliance with this subsection, the applicant shall be entitled to a density bonus for the entire development as follows; provided, that nothing in this subsection shall be construed to affect the authority of the city to require a developer to donate land as a condition of development.

         (a)   Basic bonus. The applicant shall be entitled to a 15% increase above the otherwise maximum allowable residential density under the applicable Land Use Plan designation and zone for the entire development, and an additional increase as follows.

   TABLE 103.4 - BASIC BONUSES

Percentage of Very Low-Income Units Proposed	Percentage of 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

 

         (b)   Increased bonus. The increase identified in Table 103.4 above shall be in addition to any increase in density required by subsections (A)(1) through (A)(4), up to a maximum combined mandated density increase of 35% if an applicant seeks both the increase required in compliance with this subsection (A)(5), as well as the bonuses provided by subsections (A)(1) through (A)(4).

         (c)   Eligibility for increased bonus. An applicant shall be eligible for the increased density bonus provided by this subsection if all of the following conditions are met:

            1.   The applicant donates and transfers the land no later than the date of approval of the final map, parcel map, or residential development application.

            2.   The developable acreage and zoning classification of the land being transferred are sufficient to allow 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.

            3.   The transferred land is at least one acre in size, or of sufficient size to allow development of at least 40 units; has the appropriate Land Use Plan designation; is appropriately zoned for development as affordable housing; and is or will be served by adequate public facilities and infrastructure. The land shall have appropriate zoning and development standards to make the development of the affordable units feasible.

            4.   No later than the date of approval of the final 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 city 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 city before the time of transfer.

            5.   The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with § 10-3-5.107, which shall be recorded on the property at the time of dedication.

            6.   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 approved housing developer.

            7.   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.

   (B)   Greater or lesser bonuses. The city may choose to grant a density bonus greater than provided by this section for a development that meets the requirements of this section, or grant a proportionately lower density bonus than required by this section for a development that does not fully comply with the requirements of this section.

   (C)   Density bonus calculations. The calculation of a density bonus in compliance with this section that results in fractional units shall be rounded up to the next whole number, as required by state law. For the purpose of calculating a density bonus, the residential units do not have to be based upon individual subdivision maps or parcels.

   (D)   Requirements for amendments or discretionary approval. The granting of a density bonus shall not be interpreted, in and of itself, to require a General Plan amendment, Zoning Map amendment, or other discretionary approval.

   (E)   Location of bonus units. The developer may locate density bonus units in the housing project in areas other than where the units for the lower income households are located.

(Ord. 920 C.S., passed 5-20-15)