Coalinga Municipal Code Art. 13 Density Bonus

Footnotes:

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Editor's note— Ord. No. 874, § 1, adopted Oct. 16, 2025, amended Article 13 in its entirety to read as herein set out. Former Article 13, §§ 9-6.1301—9-6.1304, pertained to similar subject matter, and derived from Ord. No. 853, § 4, effective October 20, 2022.

The purpose of this chapter is to encourage the production of very low-, low-, and moderate-income housing units, senior citizens housing units, provisions of daycare facilities, student housing units, and donations of land in accordance with Government Code Sections 65915 through 65918, as may be amended from time to time ("State Density Bonus Law"). It is the intent of this chapter to facilitate the development of affordable housing and to implement the goals, objectives, and policies of the housing element of the City's General Plan. A copy of the current State Density Bonus Law shall be kept on file with the Community Development Department.

(Ord. No. 874, § 1, eff. 10-16-2025)

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 the following requirements and shall satisfy all other applicable provisions of this Development Code.

(a) Resident requirements. A housing development proposed to qualify for a density bonus shall be designed and constructed so that it includes at least any one of the following:

(1) Ten (10) percent of the total number of proposed units are for lower-income households, as defined in Health and Safety Code Section 50079.5;

(2) Five (5) percent of the total number of proposed units are for very low-income households, as defined in Health and Safety Code Section 50105;

(3) The project is a senior citizen housing development as defined in Civil Code Sections 51.3 and 51.12, or is a mobile home park that limits residency based on age requirements for housing for older persons in compliance with Civil Code Sections 798.76 and 799.5;

(4) Ten (10) percent of the total dwelling units in a common interest development as defined in Civil Code Section 4100 are for persons and families of moderate income, as defined in Health and Safety Code Section 50093; provided, that all units in the development are offered to the public for purchase;

(5) Twenty (20) percent of the total number of proposed units for lower income students in a student housing development that meets the requirements, as defined by Government Code Section 65915.

(6) Ten (10) percent of the total units of a housing development for transitional foster youth, as defined in Education Code Section 66025.9; disabled veterans, as defined in Government Code Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.). These units are all subject to a recorded affordability restriction of fifty-five (55) years and an affordability level of very low-income units.

(8) Twenty (20) percent of the total units in a student housing development are for low-income students and meet the requirements as set forth in Government Code Section 65915(b)(1)(F).

(9) One hundred (100) percent of the total units, exclusive of a manager's unit or units, are for lower income households, as defined by Health and Safety Code Section 50079.5, except that up to twenty (20) percent of the total units in the development may be for moderate-income households, as defined in Health and Safety Code Section 50053.

(b) Applicant selection of basis for bonus. For purposes of calculating the amount of the density bonus in compliance with Section 9-6.1304 (Allowed density bonuses), the applicant who requests a density bonus shall elect whether the bonus shall be awarded on the basis of subsection (a)(1), (2), (3), or (4), (5), (6), (7), (8), or (9) of this section.

(c) Bonus units shall not qualify as a project. A density bonus granted in compliance with Section 9-6.1304 (Allowed density bonuses) shall not be included when determining the number of housing units that is equal to the percentages required by subsection (a) of this section.

(d) Minimum project size to qualify for density bonus. The density bonus provided by this chapter shall be available only to a housing development of five (5) or more dwelling units.

(e) Condominium conversion projects. A condominium conversion project for which a density bonus is requested shall comply with the eligibility and other requirements in Government Code Section 65915.5. (f) Housing Development with Childcare Facility. Housing Development with Childcare Facility that qualifies for a density bonus and includes a childcare facility in compliance with the requirements of the State Density Bonus Law, then the applicant shall be entitled to either an additional density bonus or an additional incentive as set forth in the State Density Bonus Law.

(Ord. No. 874, § 1, eff. 10-16-2025)

The Director shall determine the amount of a density bonus allowed in a housing development in compliance with this section. For the purposes of this chapter, "density bonus" means a density increase over the otherwise maximum allowable residential density under the applicable Land Use Plan designation and zoning district as of the date of preliminary or final application by the applicant to the City.

(a) Density bonus. A housing development that complies with the eligibility requirements 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. Ten (10) percent of the total units of the housing development, including shared housing building development, for rental or sale to low-income households as follows in Table 1;

(2) Bonus for units for very low-income households. Five (5) percent of the total units of the housing development, including shared housing building development, for rental or sale to very low-income households as follows in Table 1;

(3) Bonus for senior citizen development. A housing development that is eligible for a bonus in compliance with (3) (senior citizen development or mobile home park) shall be entitled to a density bonus of twenty (20) percent;

(4) Bonus for moderate-income units in common interest development: For sale projects only, ten (10) percent of the total units of the housing development are allocated to be for-sale units for moderate-income households and are available to all members of the public, as follows in Table 1.

Table 1: Density Bonus Standards for Developments of 5 or more units.

(5) Bonus for transitional foster youth, disabled veterans, or homeless persons development. A housing development that is eligible for a bonus in compliance with (5) (transitional foster youth, disabled veterans, or homeless persons) shall be entitled to a density bonus of twenty (20) percent.

(6) Bonus for lower income students in a student housing development. A housing development that is eligible for a bonus in compliance with (6) (lower income students in student housing) shall be entitled to a density bonus of thirty-five (35) percent.

(7) Bonus for units for lower-income and moderate-income households. A housing development that is eligible for a bonus in compliance with (7) (lower-income and moderate-income households) shall be entitled to a density bonus of eighty (80) percent of the number of units of lower income households. If the housing development is located within one-half mile of a major transit stop, there shall be no maximum controls on density.

a. A housing development that receives a waiver from maximum controls on density shall not be eligible for, and shall not receive, a waiver or reduction of any other development standards, other than a height increase of up to three (3) additional stories, or thirty-three (33) feet, as expressly provided in Section 9.26.040(C)(4).

(8) 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 fifteen (15) percent increase above the otherwise maximum allowable residential density under the applicable Land Use Plan designation and zoning district for the entire development, and an additional increase as follows:

b. Increased bonus. The increase identified in the table above shall be in addition to any increase in density required by subsections (A)(1) through (7) of this section up to a maximum combined mandated density increase of thirty-five (35) percent if an applicant seeks both the increase required in compliance with this subsection (A)(8), as well as the bonuses provided by subsections (A)(1) through (7) of this section.

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 permit construction of units affordable to very low-income households in an amount not less than ten (10) percent 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 permit development of at least forty (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 Government Code Section 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 unit(s), 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.

(9) Replacement and/or demolition requirements and provisions. An applicant shall be ineligible for a density bonus or any other incentives or concessions if the housing development is proposed on any property that includes a parcel or parcels on which rental dwelling units are (1) located if the dwelling units have been vacated or demolished in the five-year period preceding the application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low- or very low-income; (2) subject to any other form of rent or price control per State law; or, (3) occupied by low- or very low-income households, unless the proposed housing development replaces those units, and either of the following applies:

a. The proposed housing development, inclusive of the units replaced pursuant to this section, contains affordable units at the percentages set forth in section 9-6.1303: or

b. Each unit in the development, exclusive of a manager's unit or units, is affordable to, and occupied by, either a low- or very low-income household.

(Ord. No. 874, § 1, eff. 10-16-2025)

(a) In addition to the density bonus provisions set forth in section 9-6.1304, the City shall allow projects to obtain a total 100 percent density bonus by providing the initial percentage of affordable units to secure an initial fifty (50) percent density bonus and then a secondary percentage of affordable units in order to obtain an additional density bonus of up to fifty (50) percent. Where the housing development is seeking an additional bonus, the housing development shall be eligible for the additional density bonus allowances as provided in Government Code Section 65915(v)(2) in accordance with the provisions of Government Code Section 65915(v)(1) if reasonable documentation is provided demonstrating that the housing development is eligible for the additional density bonus under that subsection.

(b) The City shall grant an additional density bonus for rental or for-sale housing development that meets the requirements of subsection 9-6.1303(a) as calculated in Table 2.

Table 2: Additional Density Bonus

(Ord. No. 874, § 1, eff. 10-16-2025)

(a) Applicant request and City approval.

(1) An applicant for a density bonus in compliance with this chapter may submit to the City a proposal for the specific incentives or concessions that the applicant requests in compliance with this section and may request a meeting with the City Manager or designee. The applicant may file a request either before filing a final application for City approval of a proposed project or concurrently with a final application for project approval. A preliminary application submitted shall include any incentives, concessions, waivers, or parking reductions requested pursuant to this section.

(2) The City Manager or designee shall grant an incentive or concession request that complies with this section unless the City Manager or designee makes either of the following findings in writing, based upon substantial evidence:

a. The incentive or concession is not required to provide for affordable housing costs or for rents for the targeted units to be set (Unit cost requirements); or

b. The incentive or concession would have a specific adverse impact upon public health and safety or the physical environment, or on any real property 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.

(b) Waiver of standards preventing the use of bonuses, incentives, or concessions. An applicant may submit to the City a proposal for the waiver or reduction of development and zoning standards that would otherwise inhibit the utilization of a density bonus on a specific site, including minimum parcel size, side setbacks, and placement of public works improvements. The applicant shall show that a waiver or modification of development standards is necessary to make the housing units economically feasible.

(c) Number of incentives. The applicant shall receive the following number of incentives or concessions:

(1) One incentive or concession. One incentive or concession for a project that includes at least ten (10) percent of the total units for lower-income households, at least five (5) percent for very low-income households, or at least ten (10) percent for persons and families of moderate income in a common interest development.

(2) Two (2) incentives or concessions. Two (2) incentives or concessions for a project that includes at least twenty (17) percent of the total units for lower-income households, at least ten (10) percent for very low-income households, or at least twenty (20) percent for persons and families of moderate income in a common interest development.

(3) Three (3) incentives or concessions. Three (3) incentives or concessions for a project that includes at least twenty-four (24) percent of the total units for lower-income households, at least fifteen (15) percent for very low-income households, or at least thirty (30) percent for persons and families of moderate income in a common interest development.

(4) Four (4) incentives or concessions. Four (4) incentives or concessions for a project that includes at least sixteen (16) percent for very low-income households, or at least forty-five (45) percent for moderate-income households, persons, and families of moderate income in a common interest development.

(5) Five (5) incentives or concessions. Five (5) incentives or concessions for projects where one hundred (100) percent of the total units, exclusive of a manager's unit or units, are for lower-income households except that up to twenty (20) percent of the total units in the development may be for moderate-income households. If the project is located within one-half mile of a major transit stop, the applicant shall also receive a height increase of up to three (3) additional stories, or thirty-three (33) feet.

(6) One incentive or concession. One incentive or concession for projects that include at least twenty (20) percent of the total units for lower income students in a student housing development.

(e) Type of incentives. For the purposes of this chapter, concession or incentive means any of the following:

(1) A reduction in the site development standards of this Development Code (e.g., site coverage limitations, setbacks, reduced parcel sizes, and/or parking requirements (Parking requirements in density bonus projects), or a modification of architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission in compliance with Health and Safety Code, that would otherwise be required, that results in identifiable, financially sufficient, and actual cost reductions. The applicant shall provide a brief explanation of the waiver or reduction requested and evidence that the development standard for which the waiver or reduction is requested will have the effect of physically precluding the construction of the project with the density bonus incentives requested;

(2) Approval of mixed-use land uses not otherwise allowed by this Development Code in conjunction with the housing development, if nonresidential land uses will reduce the cost of the housing development, and the nonresidential land uses are compatible with the housing project 8 and the existing or planned development in the area where the project will be located;

(3) Other regulatory incentives proposed by the applicant or the City that will result in identifiable, financially sufficient, and actual cost reductions; and/or

(4) In its sole and absolute discretion, a direct financial contribution granted by the Council, including writing down land costs, subsidizing the cost of construction, or participating in the cost of infrastructure.

(e) Reduced Parking ratios. An eligible project shall be entitled to the parking ratio incentives as set forth in Government Code Section 65915(p).(f)Effect of incentive or concession. The granting of a concession or incentive shall not be interpreted, in and of itself, to require a General Plan amendment, Zoning Map amendment, or other discretionary approval.

(f) Requests for waivers or reductions. If the applicant is requesting a waiver or reduction of any development standards, the applicant shall provide a brief explanation of the waiver or reduction requested and evidence that the development standard for which the waiver or reduction is requested will have the effect of physically precluding the construction of the project with the density bonus incentives requested.

(g) Request for parking reduction. If a housing development is eligible for a density bonus pursuant to State Density Bonus Law, the applicant may request an on-site vehicular parking ratio specified in Government Code Section 65915(p). An applicant may request this parking reduction in addition to the incentives and waivers permitted by Government Code Sections 65915(p)(2) and 65915(p)(3). The application shall include a table showing parking ratios required by the Coalinga Municipal Code, parking proposed under State Density Bonus Law, Government Code Section 65915(p) (or other statute) under which the project qualifies for the parking reduction, and reasonable documentation that the project is eligible for the requested parking reduction.

(h) Exceptions. Notwithstanding the provisions of this chapter, nothing in this section shall be interpreted to require the City to:

(1) Grant a density bonus, incentive, or concession, or waive or reduce development standards, if the bonus, incentive, concession, waiver, or reduction would have a specific adverse impact, as defined in Government Code Section 65589.5(d)(2), upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

(2) Grant a density bonus, incentive, or concession, or waive or reduce development standards, if the bonus, incentive, concession, waiver, or reduction would have an adverse impact on any real property that is listed in the California Register of Historical Resources.

(Ord. No. 874, § 1, eff. 10-16-2025)

(a) Agreement required. An applicant requesting a density bonus shall agree to enter into a density bonus agreement (referred to as the "agreement") with the City in the City's standard form of agreement.

(b) The agreement shall establish specific compliance standards and remedies available to the City upon failure by the applicant to comply with State Density Bonus Law, this section or the affordable housing agreement. The agreement shall be recorded at the applicant's cost as a restriction running with the land on the parcel or parcels on which the target units will be constructed.

(c) The terms of a draft density bonus agreement (the "agreement") shall be reviewed, revised as appropriate, and approved by the Director and the City Attorney.

(d) Agreement provisions.

(1) Project information. The agreement shall include at least the following information about the project:

a. The total number of units approved for the housing development, including the number of designated dwelling units;

b. A description of the household income group to be accommodated by the housing development, and the standards and methodology for determining the corresponding affordable rent or affordable sales price and housing cost consistent with HUD guidelines;

c. The marketing plan for the affordable units;

d. The location, unit sizes (square feet), and number of bedrooms of the designated dwelling units;

e. Tenure of the use restrictions for designated dwelling units of the time periods required (Continued availability);

f. A schedule for completion and occupancy of the designated dwelling units;

g. A description of the additional incentives and concessions being provided by the City;

h. A description of the remedies for breach of the agreement by the owners, developers, and/or successors-in-interest of the project; and

i. Other provisions to ensure successful implementation and compliance with this chapter.

(2) Minimum requirements. The agreement shall provide, at minimum, that:

a. The developer shall give the City the continuing right-of-first-refusal to lease or purchase any or all of the designated dwelling units at the appraised value;

b. The deeds to the designated dwelling units shall contain a covenant stating that the developer or successors-in-interest shall not assign, lease, rent, sell, sublet, or otherwise transfer any interests for designated units without the written approval of the City;

c. When providing the written approval, the City shall confirm that the price (rent or sale) of the designated dwelling unit is consistent with the limits established for low and very low-income households, as published by HUD;

d. The City shall have the authority to enter into other agreements with the developer, or purchasers of the designated dwelling units, to ensure that the required dwelling units are continuously occupied by eligible households;

e. Applicable deed restrictions, in a form satisfactory to the City Attorney, shall contain provisions for the enforcement of owner or developer compliance. Any default or failure to comply may result in foreclosure, specific performance, or withdrawal of the certificate of occupancy;

f. In any action taken to enforce compliance with the deed restrictions, the City Attorney shall, if compliance is ordered by a court of competent jurisdiction, take all action that may be allowed by law to recover all of the City's costs of action including legal services; and

g. Compliance with the agreement will be monitored and enforced in compliance with the measures included in the agreement.

(3) Senior Housing Developments Only.

a. The applicant shall enter into a restrictive covenant with the City in a form approved by the Director and the City Attorney, to be executed by the City Manager, to require that the housing development be operated as "housing for older persons" consistent with state and federal fair housing laws and as set forth in Government Code Sections 65915(c)(1)(A) and (c)(2).

b. The executed agreement shall be recorded against the housing development prior to final or parcel map approval, or, where a map is not being processed, prior to issuance of building permits for the housing development. The agreement shall be binding on all future owners and successors in interest.

(Ord. No. 874, § 1, eff. 10-16-2025)

(a) Affordable units shall be constructed concurrently with market rate units and shall be integrated into the project. Subsequent building permits and final inspections or certificates of occupancy shall be issued concurrently for the market rate units and for any affordable units that qualified the project for a density bonus, incentive, waiver, or reduction so that the affordable units comprise the required percentage of total units.

(b) Affordable units shall be of equal design and quality as the market rate units. Exteriors, including architecture and elevations, and floor plans of the affordable units shall be similar to the market rate units. Interior finishes and amenities may differ from those provided in the market rate units, but neither the workmanship nor the products may be of substandard or inferior quality as determined by the Building Official.

(c) To comply with fair housing laws, the number of bedrooms in the affordable units shall be proportional with the mix of market rate units. In mixed-income buildings, the occupants of the affordable units shall have the same access to the common entrances and areas, parking, and amenities of the project as the occupants of the market rate housing units, and the affordable units shall be located throughout the building and not isolated on one floor or to an area on a specific floor.

(d) Parking standards shall be modified as allowable under Government Code Section 65915(p) and anything beyond those standards shall be considered a request for an incentive.

(Ord. No. 874, § 1, eff. 10-16-2025)

If any portion of this section conflicts with State Density Bonus Law or other applicable State law, State law shall supersede this section. Any ambiguities in this section shall be interpreted to be consistent with State Density Bonus Law. Statutory references in this section include successor provisions.

(Ord. No. 874, § 1, eff. 10-16-2025)