Chapter 9.31 — DENSITY BONUSES

Sections:

9.31.010 Purpose 9.31.020 Eligibility for Density Bonus 9.31.030 Allowed Density Bonuses 9.31.040 Allowed Incentives or Concessions 9.31.050 Bonus and Incentives for Housing with Childcare Facilities 9.31.060 Continued Availability 9.31.070 Location and Type of Designated Units 9.31.080 Processing of Bonus Requests 9.31.090 Control of Resale 9.31.100 Judicial Relief, Waiver of Standards

This Chapter is intended to implement the requirements of State Density Bonus Law under provisions of Government Code Section 65915, et seq., and the Housing Element of the City’s General Plan to assist with the development of housing above the maximum allowable residential density. If any portion of this Chapter conflicts with State Density Bonus Law or other applicable state law, state law shall supersede this Chapter. Any ambiguities in this Chapter shall be interpreted to be consistent with State Density Bonus Law. Statutory references in this Chapter include successor provisions. (Ord. 1575, eff. 5/16/2025)

In order to be eligible for a density bonus and other incentives or concessions as provided by this Chapter, a proposed housing development shall comply with requirements set forth in State law and satisfy all other applicable provisions of this Land Use Code, except as provided by Section 9.31.040 (Allowed Incentives or Concessions), and is not ineligible pursuant to Government Code Section 65915(c)(3).

A. Resident requirements. The housing development shall be designed and constructed so that:

1. At least 10 percent of the total number of proposed units are for lower-income households, as
defined in Health and Safety Code Section 50079.5; or

2. At least five percent of the total number of proposed units are for very low-income households,
as defined in Health and Safety Code Section 50105; or

3. The project is a senior citizen housing development, as defined in Sections 51.3 and 51.12 of the
Civil Code, or a mobilehome 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. For purposes of this
subsection, "development" includes a shared housing building development; or

4. Ten percent of the total dwelling units of a housing development are sold to persons and families
of moderate income, as defined in Section 50093 of the Health and Safety Code; provided, that
all units in the development are offered to the public for purchase; or

3-28

CITY OF ARCATA MUNICIPAL CODE – TITLE 9 – LAND USE CODE

Inclusionary Zoning 9.32.010