Chapter 17.12 — RESIDENTIAL DISTRICTS GENERALLY

Certain districts, designated in this title by the primary symbol "R," are established to provide a means of regulating the distribution and density of population.

(Code 1985, § 17.12.010; Ord. No. 424, exh. A(22.06.010), 1984)

CHAPTER 17.14. - DENSITY BONUS

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, as amended, 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 chapter 17.14 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, including a shared housing building 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 Sections 51.3 and 51.12 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. For purposes of this section, "development" includes a shared housing building development and a residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code.

5.

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.

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, as defined in Cal Govt. Code section 18541, 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 section 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.

7.

Twenty percent of the total units for lower income students in a student housing development that meets the requirements set forth in Government Code subparagraph 65915(b)(1)(F).

C.

The city shall grant one density bonus, the amount of which shall be as specified in Government Code 65915 subdivision (f), and, if requested by the applicant and consistent with the applicable requirements of this Chapter and Government Code 65915, incentives or concessions, as described in Government Code 65915 subdivision (d), waivers or reductions of development standards, as described in Government Code 65915 subdivision (e), and parking ratios, as described in Government Code 65915 subdivision (p), if an applicant for a housing development seeks and agrees to construct a housing development, excluding any units permitted by the density bonus awarded.

D.

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.

E.

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.

F.

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.

G.

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 requirements set forth in Government Code Section 65915 (c)(3).

H.

For a project meeting one or more of the criteria of section B above, the city shall process applications for a housing development project density bonus and grant development incentive(s) and concession(s), concurrently with and subject to the normal review process for the housing development project and without additional permits or hearings.

I.

The city shall provide of a list of all documents and information required to be submitted with the density bonus application in order for the density bonus application to be deemed complete on forms approved by the city administrator.

J.

Upon submittal of the required information the city shall notify the applicant for a density bonus whether the application is complete in a manner consistent with the timelines specified in Section 65943. When the application is deemed complete the city shall provide the applicant with the following determinations:

1.

The amount of density bonus, calculated pursuant to subdivision (f), for which the applicant is eligible.

2.

If the applicant requests a parking ratio pursuant to subdivision (p), the parking ratio for which the applicant is eligible.

3.

If the applicant requests incentives or concessions pursuant to subdivision (d) or waivers or reductions of development standards pursuant to subdivision (e), whether the applicant has provided adequate information for the local government to make a determination as to those incentives, concessions, waivers, or reductions of development standards.

4.

Any determination required by this section shall be based on the development project at the time the application is deemed complete. The city shall adjust the amount of density bonus and parking ratios awarded pursuant to this section based on any changes to the project during the course of development.

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.

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.

3.

For affordable rental units 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).

4.

For a for-sale unit the agreement shall specify the unit is sold at an affordable housing cost, as that cost is defined in Section 50052.5 of the Health and Safety Code, is sold to a qualified applicant meeting the conditions of Government Code Section 65915(c)(2)(A) and is subject to an equity sharing agreement consistent with the requirements set forth in Government Code Section 65915(c)(3).

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 17.14 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.

N.

In any circumstance where the applicant for a housing development project requests waivers or concessions in excess of those mandated to be granted ministerially as stated in Government Code 65915(d)(2) such request shall be subject to review and approval of the planning commission.

O.

The city council may grant a density bonus greater than what is described in this Chapter and Government Code Section 65915 for a development that meets the requirements of this chapter.

P.

For purposes of this chapter, the following definitions shall apply, in addition all other definitions of terms set forth in Government Code 65915(o) are incorporated by reference:

1.

"Development standard" includes a site or construction condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an onsite open-space requirement, a minimum lot area per unit requirement, or a parking ratio that applies to a residential development pursuant to any ordinance, general plan element, specific plan, charter, or other local condition, law, policy, resolution, or regulation that is adopted by the local government or that is enacted by the local government's electorate exercising its local initiative or referendum power, whether that power is derived from the California Constitution, statute, or the charter or ordinances of the local government.

2.

"Located within one-half mile of a major transit stop" means that any point on a proposed development, for which an applicant seeks a density bonus, other incentives or concessions, waivers or reductions of development standards, or a vehicular parking ratio pursuant to this section, is within one-half mile of any point on the property on which a major transit stop is located, including any parking lot owned by the transit authority or other local agency operating the major transit stop.

3.

"Major transit stop" has the same meaning as defined in subdivision (b) of Section 21155 of the Public Resources Code.

4.

"Maximum allowable residential density" or "base density" has the same meaning as set forth in Government Code Section 65915(o)(6).

Q.

Each component of any density calculation, including base density and bonus density, resulting in fractional units shall be separately rounded up to the next whole number.

R.

Provided that the resulting housing development would not restrict more than 50 percent of the total units to moderate-income, lower income, or very low income households, the city shall grant an additional density bonus calculated pursuant to paragraph (2) of Government Code Section 65915(v) when an

applicant proposes to construct a housing development that conforms to the requirements of section B above and agrees to include additional rental or for-sale units affordable to very low income households or moderate income households.

(Ord. No. 597, § 1, 7-28-2025)