This section provides density bonuses for specified housing projects and commercial projects that are affiliated with on-site or off-site affordable housing projects. The provided affordable units qualifying a project for a bonus shall be made permanently affordable to and reserved for households at the income levels qualifying the project for the bonus.
(A) Basis for bonus. In order to encourage the construction of housing affordable to very low-, low-, and moderate-income persons, transitional foster youth, disabled veterans, and homeless persons, and the replacement of residential rental units lost through new construction, density bonuses shall be allowed in compliance with this section.
(B) Replacement affordable units. Replacement of affordable units through demolition or renovation of an existing residential structure on the same site shall be regulated as follows:
(1) If any affordable units are occupied at the date of application, the project shall provide at least the same number of equivalent units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same lower income category as those households in occupancy.
(2) If any affordable dwelling units have been vacated or demolished within the five-year period preceding the application, the proposed replacement project shall provide at least the same number of affordable units of equivalent size as existed at the highpoint of those units in the five-year period preceding the application 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 persons and families in occupancy at that time, if known.
(3) If the income category of the last household in occupancy, or of the persons or families in occupancy at the high point, is not known, it shall be presumed that lower-income renter households occupied these units in the same proportion of lower-income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development's comprehensive housing affordability strategy database.
(4) The replacement affordable units shall be made available at affordable rent or affordable housing cost to, and occupied by, persons or families in the same or lower income category as the occupancy that determines the replacement requirement.
(5) The affordable replacement units shall be subject to a recorded affordability restriction.
(6) The affordable replacement units shall be counted towards the affordable units provided for purposes of calculating the density bonus.
(C) Density bonus. As provided by state law, projects not utilizing the in-lieu fee may apply for housing density bonuses up to a maximum of 35%. Density bonuses shall be subject to the following:
(1) Density bonus calculations.
(a) For the purposes of calculating the permitted housing bonus in residential zones, "density" shall refer to the maximum limit of dwelling units allowable in the zone in which the project is located. The density bonus may result in more market rate units than would otherwise be permitted by the zone. The base number of units used to calculate the bonus does not include units added by a density bonus awarded pursuant to this section.
(b) For the purposes of calculating the permitted housing bonus in commercial zones, "density" shall refer to the maximum floor area ratio ("FAR") permitted in the zone in which the project is located, inclusive of applicable mixed-use bonuses. Because these projects are in the commercial zone, the FAR is not translated into a unit count for purposes of calculating the density bonus. In the commercial zones, the affordable housing density bonus authorized under this section shall only be used to increase the residential floor area of the project (unless otherwise authorized by Cal. Gov't Code § 65915.7). In such event, the base FAR may be combined with any available mixed-use bonus to determine the density from which the affordable bonus will be calculated. Any other applicable bonus (e.g,, green building senior housing and the like) shall be added after the affordable housing density bonus calculation.
(c) Any density calculation, including base density and bonus density, that results in a fractional number shall be separately rounded up to the next whole number.
(2) Density bonuses permitted. The amount of density bonus granted shall be based on the following table:
Unit Type | Minimu m % of Units | Density Bonus Granted | Addition al Bonus for each 1% Increase in Units |
Very low-inco me | 5% | 20% | 2.5% |
Low-inco me | 10% | 20% | 1.5% |
Moderat e-income | 10% | 5% | 1% |
Units for transition al foster youth, disabled veterans, or homeless persons, as those terms are defined in Cal. Gov't Code § 65915, provided at the same affordabil ity level as very low income units for 55 years. | 10% | 20% (of the same type of unit giving rise to the density bonus) | N/A |
(3) A density bonus for a land donation for a childcare center or construction of a childcare centers shall be provided as set forth in Cal. Gov't Code § 65915.
(4) All affordable units shall be constructed on-site.
(D) Concessions. In compliance with state law, projects that request a density bonus to provide on-site affordable housing (and commercial projects that partner with affordable housing developers and provide at least 30% of the total units for low-income households or at least 15% of the total units for very low-income households authorized by Cal. Gov't Code § 65915.7) are eligible for concessions as follows. The number of available concessions may be combined from different categories below for a maximum of three concessions per project.
(1) Number of concessions.
Number of Concessions Permitted | |
5% very low, 10% low, or 10% moderate | 1 |
10% very low, 20% low, or 20% moderate | 2 |
15% very low, 30% low, or 30% moderate | 3 |
(2) Available residential concessions. The following concessions may be requested:
(a) Ten percent (10%) reduction in the minimum rear yard setback; or
(b) Ten percent (10%) reduction in the minimum front yard setback; or
(c) Ten percent (10%) reduction in the minimum side yard setback on one side; or
(d) Ten percent (10%) reduction in total common open space required; or
(e) Ten percent (10%) reduction in private open space for up to 50% of the units; or
(f) An additional story, not to exceed ten feet of the total project height.
(3) Concessions may be denied by the review authority if one of the following findings can be made, based on substantial evidence:
(a) The concession does not result in identifiable and actual cost reduction to provide affordable housing costs;
(b) The concession would have a specific adverse impact on public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources; or
(c) The concession would be contrary to state or federal law.
(E) Parking incentives.
(1) Density bonus housing developments shall be granted the following parking space requirements when requested by the developer, inclusive of handicapped spaces, which shall be granted to all units in the development:
Number of Bedrooms | Required Parking Spaces Per Unit1 2 |
0 to 1 bedroom | 0.5 |
2 to 3 bedrooms | 1.0 |
4 or more bedrooms | 2.0 |
1 If the total number of spaces required results in a fractional number, it shall be rounded up to the next whole number. A development project may provide on-site parking through a tandem and/or uncovered parking configuration. 2 If a residential or mixed residential/commercial development project includes any of the following, then, upon the request of the developer, a parking ratio not to exceed 0.5 spaces per unit shall apply to the residential portion of the development regardless of the number of bedrooms included in any unit: (a) Required (no in-lieu payment) percentage of low, very low-income units; (b) A minimum 10% transitional foster youth, veteran, or homeless persons units; (c) Provides for-rent housing for individuals who are 62 years of age or older; or (d) Is a special needs housing development and is located within one-half mile of a major transit stop where there is unobstructed access to a major transit stop from the development. | |
(2) Guest parking shall not be required for projects utilizing the affordable housing bonus provided in this section.
(F) Available commercial concessions. In addition to the other bonus and residential concessions provided in this chapter, commercial development projects that partner with affordable housing developers and provide at least 30% of the total units for low-income households or at least 15% of the total units for very low-income households in accordance with Cal. Gov't Code § 65915.7 are eligible for the following that is mutually agreed upon by the applicant and review authority:
(2) Up to 20% increase in allowable floor area ratio;
(3) Up to 20% increase in maximum height requirements;
(4) Up to 20% reduction in minimum parking requirements;
(5) Use of a limited use/application elevator for upper floor accessibility; and
(6) An exception to a zoning ordinance or other land use regulation.
(Ord. 2021-03, passed 12-7-2021)