A residential development project that satisfies all relevant provisions of this chapter shall be entitled to a density bonus and one or more incentives or concessions described below. If the density bonus incentives or concessions cannot be accommodated on a parcel due to strict compliance with the provisions of this title, the city shall waive or modify development standards to accommodate the bonus units or incentives or concessions to which the development would be entitled, unless such waiver or modification would have a specific, adverse impact, as defined in Government Code section 65589.5(d)(2), upon health, safety or the physical environment, or any real property that is listed in the California register of historical resources, and for which there is no feasible method to mitigate or avoid the specific adverse impact.
A. Minimum Density Bonus: The density bonus granted to a residential development project shall consist of an increase over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the city's general plan as of the date of application. Such increase shall be equal to at least:
1. A twenty percent (20%) increase in density when the development meets the requirements of subsection 18.228.020B1, B2 or B3 of this chapter; or
2. A five percent (5%) increase in density, when the development meets the requirements of subsection 18.228.020B4 of this chapter.
3. A fifteen percent (15%) increase in density, when an applicant for a residential development donates land to the city in accordance with the requirements of Government Code section 65915(g)(1). Nothing in this subsection shall be construed to enlarge or diminish the authority of the city to require a developer to donate land as a condition of development.
4. The city may, at its discretion, grant a density bonus that is greater than that described in subsections 18.228.020B1, B2 and B3 of this chapter for a development that meets the requirements therein or proportionately lower than that described in subsections 18.228.020B1, B2 and B3 of this chapter for a development that does not meet the requirements therein.
B. Additional Density Bonus: 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 base percentage established in subsection 18.228.020B of this chapter. The amount of density bonus for a donation of land shall vary according to the amount by which the donation exceeds the base donation established by Government Code section 65915(h)(2).
1. Lower Income Households: For each one percent (1%) increase above ten percent (10%) in the percentage of units affordable to lower income households, the density bonus shall be increased by one and one-half percent (1.5%).
2. Very Low Income Households: For each one percent (1%) increase above five percent (5%) in the percentage of units affordable to very low income households, the density bonus shall be increased by two and one-half percent (2.5%).
3. Moderate Income Households: For each one percent (1%) increase above ten percent (10%) in the percentage of units affordable to moderate income households, the density bonus shall increase by one percent (1%).
4. Donation Of Land: For each one percent (1%) increase above the minimum ten percent (10%) land donation, the density bonus shall be increased by one percent (1%). Nothing in this subsection shall be construed to enlarge or diminish the authority of the city to require a developer to donate land as a condition of development.
The base density bonus shall not be included when determining the number of housing units that is greater than five percent (5%) or ten percent (10%) of the total development. All calculations resulting in fractional units shall be rounded up to the next whole number. In no event shall the city be required to grant more than a thirty five percent (35%) increase over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the city's general plan.
Qualifying Percentage (Of Total Units) | Minimum Density Bonus (Above Maximum Allowable Density) | Increase In Density Bonus (For Each 1% Over Qualifying Percentage) | |
Lower | 10% | 20% | 1.5% |
Very low | 5% | 20% | 2.5% |
Moderate | 10% | 5% | 1% |
Senior citizen | n/a | 20% | n/a |
Donation | 10% | 15% | 1% |
C. Incentives, Number: An eligible project shall receive one, two (2) or three (3) incentives as follows:
1. Lower Income Households: An applicant shall receive:
a. One incentive or concession for a project that includes at least ten percent (10%) of the total units for lower income households;
b. Two (2) incentives or concessions for a project that includes at least twenty percent (20%) of the total units for lower income households; and
c. Three (3) incentives or concessions for a project that includes at least thirty percent (30%) of the total units for lower income households.
2. Very Low Income Households: An applicant shall receive:
a. One incentive or concession for a project that includes at least five percent (5%) of the total units for very low income households;
b. Two (2) incentives or concessions for a project that includes at least ten percent (10%) of the total units for very low income households; and
c. Three (3) incentives or concessions for a project that includes at least fifteen percent (15%) of the total units for very low income households.
3. Moderate Income Households: An applicant shall receive:
a. One incentive or concession for a project that includes at least ten percent (10%) of the total units for persons and families of moderate income in a condominium or planned development;
b. Two (2) incentives or concessions for a project that includes at least twenty percent (20%) of the total units for persons and families of moderate income in a condominium or planned development; and
c. Three (3) incentives or concessions for a project that includes at least thirty percent (30%) of the total units for persons and families of moderate income in a condominium or planned development.
D. Incentives And Concessions, Description: A project that is eligible to receive incentives or concessions pursuant to subsection C of this section shall be entitled to at least one of the following incentives or concessions identified in Government Code section 65915:
1. A reduction in site development standards (e.g., coverage, setback, zero lot line and/or reduced parcel sizes), or a modification of zoning requirements or architectural design requirements that exceed the minimum standards approved by the California building standards commission.
2. Approval of mixed use zoning in conjunction with the housing project if nonresidential land uses would reduce the cost of the housing project, and the nonresidential land uses would be compatible with the housing project and adjoining development.
3. Other regulatory incentives or concessions proposed by the developer or the city that would result in identifiable, financially sufficient and actual cost reductions.
4. A reduction in the number of required parking spaces, upon request by the applicant. For a one bedroom unit, one parking space is required; for two (2) and three (3) bedroom units, two (2) parking spaces are required and for four (4) or more bedroom units, two and one-half (21/2) parking spaces are required.
Nothing in this section shall be construed to require the city to provide, or limit the city's ability to provide, direct financial incentives for housing development, including the provision of publicly owned land by the city or the waiver of fees and dedication requirements.
E. Limitations And Exceptions:
1. To receive incentives or concessions as described in subsections C and D of this section, an applicant must submit a proposal to the city requesting the specific incentives or concessions that the applicant desires.
2. The city shall grant the incentives or concessions requested by the applicant pursuant to subsection E1 of this section and required pursuant to subsection C of this section, unless the city makes a written finding, based upon substantial evidence, of either of the following:
a. The incentive or concession is not required in order to provide for affordable housing costs, as defined in Health And Safety Code section 50052.5; or
b. The incentive or concession would have a specific adverse impact as defined in Government Code section 65589.5(d)(2), 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.
3. The city's granting of an incentive or concession shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval.
4. Nothing in this section shall be interpreted to require the city to waive or reduce development standards or to grant an incentive or concession that would have a specific, adverse impact upon health, safety or the physical environment for which there is no feasible method to mitigate or avoid the specific adverse impact; nor shall this subsection require the city to waive or reduce development standards or to grant an incentive or concession that would have an adverse impact on any real property that is listed in the California register of historical resources. (Ord. 2762, 2012)