Chapter 17.100 — DENSITY BONUS PROVISIONS — El Monte Zoning Code

17.100.010 - Purpose.

modified

Section 65915 of the California Government Code (i.e. State Density Bonus Law ) requires each local government to adopt an ordinance that specifies how the jurisdiction will comply with and effectuate applicable state law requirements. This chapter is intended to satisfy this requirement. Pursuant to state law, this chapter shall be interpreted liberally in favor of producing the maximum number of total housing units. Any ambiguities in this chapter shall be interpreted to be consistent with State Density Bonus Law.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

17.100.020 - Applicability. ¶

modified

The provisions of this chapter apply only to multiple-family residential and mixed-use development project's consisting of five (5) or more dwelling units, not including units granted as a density bonus, unless specifically stated otherwise. The definitions found in State Density Bonus Law shall apply to the terms contained in this chapter.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

17.100.030 - General procedures. ¶

modified

The rules and procedures for applications, records, investigations applicable to applications for a density bonus, incentives, concessions or waivers shall be as follows:

A.

Application. Applications for a density bonus (with or without concessions or waivers) shall require the approval of a director level zoning clearance.

B.

Affordability Agreement. Before the issuance of a building permit for any dwelling unit in a development for which density bonus units have been awarded or incentives or concessions have been received, the applicant shall enter into a written agreement with the city to guarantee the continued affordability of all lower income and restricted occupancy density bonus units as required by Section 65915 of the California Government Code. The agreement shall specify the number and type of reserved units and the length of time for which they must be reserved. The agreement shall run with the land, be binding upon successor(s)-in-interest, be recorded in the County Recorder's Office, and be approved as to form by the City Attorney.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

17.100.040 - Minimum qualifications for a density bonus. ¶

modified

Table 17.100-1 outlines the types of housing development projects that may be eligible for a density bonus if it proposes setting aside units for the targeted populations outlined in Table 17.100-1:

Table 17.100-1 Eligibility Requirements

Eligible Housing Type	Basic Eligibility Requirements
Very low-income units	At least 5% of the base units of a housing development project for rental or for-sale projects will be for very low-income households.
Lower-income units	At least 10% of the base units of a housing development project for rental or for-sale projects will be for lower income households (which may also include very low-income households).
Moderate-income units	At least 10% of the base units in a common interest development, as defned in Section 4100 of the California Civil Code, provided all units will be for-sale for moderate income households.
100% afordable housing	At least 80% of the total units of a housing development project for rental or for-sale projects will be for very low- or lower-income households and the remaining 20% will be for very low, lower or moderate-income households.
Childcare facility	Construction of a childcare facility on or adjacent to the housing development project, which shall remain operative for at least as long as density bonus units are to remain afordable. Children who attend the childcare facility, children of very low-, low-, or moderate-income households must be at least equal the percentage of dwelling units required for those types of households in the project.
Condominium conversion	At least 33% of the total units will be set aside for lower- or moderate- income households, or at least 15% of the total units will be set aside for lower-income households.
Senior citizen housing development	A senior citizen housing development with 35 or more total units, 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 California Civil Code. No afordable housing is required.
Shared housing building	Eligibility is calculated the same as for very low-income, lower-income, moderate-income or 100% afordable housing in this Table, except that a "shared housing unit" consists of a room not within another dwelling unit that includes a bathroom, sink, refrigerator, and microwave.
Student housing development	At least 20% of the base units will be dedicated to lower-income students with rents calculated for a single-room occupancy unit type. One rental bed and its pro rata share of the common area is considered a unit. Priority for the afordable units must be provided for lower-income students experiencing homelessness. The owner must enter into agreement with university or college to rent all units to students.
Transitional foster youth, disabled veterans or homeless persons	At least 10% of the base units will be dedicated to foster youth, as defned in Section 66025.9 of the California Education Code, disabled veterans, as defned in Section 18541, or homeless persons, as defned in the Federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.).
Eligible Housing Type	Basic Eligibility Requirements
---	---
Donation of land	The applicant donates and transfers land on or before the date of approval of the fnal subdivision map, parcel map or residential development application. In addition, the transferred land shall comply with all the following: •The land will be sufcient to permit construction of very low-income households in an amount equal to at least 10% of the total number of residential units of the proposed housing development project. •The land is at least 1 acre in size or able to permit at least 40 units. •The land has the appropriate general plan designation and zoning to accommodate the number of units. •The land shall be within the city and ¼-mile of the project site.
Combining housing types	Except for land donation, the density bonus must be selected from only one of the categories listed and shown in this Table. For example, a project can include senior citizen housing units for lower-income households, however the applicant must choose whether to claim the density bonus for senior citizen housing or lower-income units.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

17.100.050 - Density bonus rules. ¶

new

A.

For purposes of calculating the amount of the density bonus pursuant to this section, an applicant who requests a density bonus shall elect whether the bonus shall be awarded on the basis of Section 17.100.040 of this chapter.

B.

For purposes of this chapter, "base density" or "base units" is the maximum allowable gross residential density permitted under this title and the Land Use Element of the general plan or any specific plan applicable to the proposed development, as of the date of application submittal by the applicant to the city. If the underlying zoning district is inconsistent with the base density allowed under the Land Use Element of the general plan, the greater shall prevail.

C.

For the purposes of this chapter, "density bonus" or "density bonus units" means a density increase over the base density, or, if elected by the applicant, a lesser percentage of density increase, including, but not limited to, no increase in density. The amount of density increase to which the applicant is entitled shall vary depending on the percentage of base density units that are designated as affordable housing.

D.

For purposes of this chapter, "total units" or "total dwelling units" means the "base units" and "density bonus" units awarded pursuant to this chapter or any local law granting a greater density.

E.

The total number of affordable units shall be exclusive of a manager's unit(s).

F.

All density calculations resulting in fractional units shall be rounded up to the next whole number.

G.

The granting of a density bonus shall not require, or be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

17.100.060 - Density Bonus Allowances. ¶

new

A.

Basic Affordable Housing. Housing development projects that meet or exceed the eligible requirements outlined in Table 17.100-1 and provide the minimum required percentage of affordable housing in Table 17.100-2 may be entitled to a density bonus as calculated below:

Table 17.100-2—Density Bonus Percentage (based on Area Median Income or AMI)

% of Units	Very Low Income % Density Bonus (up to 50% of AMI)	Lower Income % Density Bonus (50 to 80% of AMI)	Moderate Income % Density Bonus (80 to 120% AMI)
5	20	No bonus	No bonus
6	22.5	No bonus	No bonus
7	25	No bonus	No bonus
8	27.5	No bonus	No bonus
9	30	No bonus	No bonus
10	32.5	20	5
11	35	21.5	6
12	38.75	23	7
13	42.5	24.5	8
14	46.25	26	9
15	50	27.5	10
16	50	29	11
17	50	30.5	12
18	50	32	13
19	50	33.5	14
20	50	35	15
21	50	38.75	16
22	50	42.5	17
% of Units	Very Low Income % Density Bonus (up to 50% of AMI)	Lower Income % Density Bonus (50 to 80% of AMI)	Moderate Income % Density Bonus (80 to 120% AMI)
---	---	---	---
23	50	46.25	18
24	50	50	19
25	50	50	20
26	50	50	21
27	50	50	22
28	50	50	23
29	50	50	24
30	50	50	25
31	50	50	26
32	50	50	27
33	50	50	28
34	50	50	29
35	50	50	30
36	50	50	31
37	50	50	32
38	50	50	33
39	50	50	34
40	50	50	35
41	50	50	38.75
42	50	50	42.5
43	50	50	46.25
44	50	50	50

Density Stacking.

1.

Eligibility Requirements. The housing development project shall comply with both of the following:

a.

A minimum fifteen (15) percent of the total units are affordable to very low-income households, twenty-four (24) percent of the total units are affordable to lower-income household or forty-four (44) percent of the households are reserved for moderate income households; and

b.

A maximum fifty (50) percent of the total units are affordable to very low, lower or moderate-income households.

Housing development projects that meet or exceed the eligible requirements outlined in subsection 1. above and provide the minimum required percentage of additional affordable housing in Table 17.100-3 may be entitled to a density bonus as calculated below:

Table 17.100-3—Density Stacking (based on Area Median Income or AMI)

% of Additional Units	Very low Income Additional % Density Bonus (up to 50% AMI)	Total % Density Bonus	Moderate Income Additional % Density Bonus (80 to 120% AMI)	Total % Density Bonus
5	20	70	20	70
6	23.75	73.75	22.5	72.5
7	27.5	77.5	25	75
8	31.25	81.25	27.5	77.5
9	35	85	30	80
10	38.75	88.75	32.5	82.5
11	38.75	88.75	35	85
12	38.75	88.75	38.75	88.75
13	38.75	88.75	42.5	92.5
15	38.75	88.75	46.25	96.25
14	38.75	88.75	50	100

C.

Map and Donations of Land. Housing development projects that meet or exceed the eligible requirements outlined in Table 17.100-1 and this subsection and provide the minimum required percentage of affordable housing in Table 17.100-4 may be entitled to a density bonus as calculated.

1.

Any increase pursuant to this subsection shall be in addition to any increase in density outlined in Tables 17.100-1 and 17.100-2, up to a maximum combined density increase of thirty-five (35) percent. Nothing in this chapter shall be construed to enlarge or diminish the authority of the city to require a developer to donate land as a condition of development.

Table 17.100-4—Maps and Donations of Land

% Very Low Income Units	% Density Bonus		% Lower Income Units	% Density Bonus
10	15		21	26
11	16		22	27
12	17		23	28
13	18		24	29
14	19		25	30
15	20		26	31
16	21		27	32
17	22		28	33
% Very Low Income Units	% Density Bonus		% Lower Income Units	% Density Bonus
---	---	---	---	---
18	23		29	34
19	24		30	35
20	25		—	—

2.

3.

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, not later than the date of approval of the final subdivision map, parcel map, or residential development application, except that the local government may subject the proposed development to subsequent design review to the extent authorized by Section 65583.2, Subdivision (i) of the California Government Code if the design is not reviewed by the city before the time of transfer.

4.

A proposed source of funding for the very low-income units shall be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application.

5.

The transferred land shall be served by adequate public facilities and infrastructure.

6.

The transferred land is transferred to the city or to a housing developer approved by the city.

D.

Other Types of Bonuses. Housing development projects that meet or exceed the eligible requirements outlined in Table 17.100-1 may be entitled to a density bonus and other allowances as outlined in Table 17.100-5:

Table 17.100-5—Eligibility Requirements

Eligible Housing Type	Density Bonus and Other Allowances
100% afordable housing project	If the project is located within one-half mile of a Major Transit Stop (MTS)1or in a Very Low Vehicle Travel Area2: •The project shall have no maximum density. •The project may exceed the maximum height by up to 3 stories or 33 feet.
	In all other instances, the density bonus shall be 80% of the number of units for very low- or lower-income households.
Childcare facility	Additional square feet of residential space that is equal to or greater than the amount of square feet in the childcare facility. Notwithstanding, the city shall not be required to provide a density bonus if it fnds, based upon substantial evidence, that the city has adequate childcare facilities.
Eligible Housing Type	Density Bonus and Other Allowances
---	---
Condominium conversion	25% of the total apartments to be provided in existing structure(s) proposed for conversion.
Senior citizen housing development	20% of the number of senior units.
Shared housing building	Bonus is calculated the same as for very low-income, lower- income or moderate-income in Table 17.100-2 and for the same as for 100% afordable housing in this Table, except that a "unit" for bonus purposes means one shared housing unit and its pro rata share of common area facilities.
Student housing development	35% of the student housing units.
Transitional foster youth, disabled veterans or homeless persons	20% of the total number of units for transitional foster youth, disabled veterans or homeless persons.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

17.100.070 - Concessions and incentives. ¶

modified

A.

For purposes of this chapter, a concession or incentive means any of the following:

1.

A revision in the development standards of this title that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the California Health and Safety Code. This includes, but is not limited to, a reduction in setbacks and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable and actual cost reductions, to provide for affordable housing costs, as defined in Section 50052.5 of the California Health and Safety Code, or for rents for the targeted units to be set as specified in Sections 17.100.100 and 17.100.110 of this chapter;

2.

Approval of mixed-use development in conjunction with the housing development project if commercial, office, industrial, or other land uses will reduce the cost of the project and if the commercial, office, industrial, or other land uses are compatible with the project and the existing or planned development in the area where the project will be located; or

3.

Other regulatory incentives or concessions proposed by the developer or the city that result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Section 50052.5 of the California Health and Safety Code, or for rents for the targeted units to be set as specified in Sections 17.100.100 and 17.100.110 of this chapter.

B.

An applicant for a density bonus, pursuant to Section 17.100.040 of this chapter, may submit to the city a proposal for the specific incentives or concessions that the applicant requests pursuant to this section, and may request a meeting with the city. The city shall grant the concession or incentive requested by the applicant unless the city makes a written finding, based upon substantial evidence, of any of the following:

1.

The concession or incentive does not result in identifiable and actual cost reductions, consistent with subsection A. above, to provide for affordable housing costs, as defined in Section 50052.5 of the California Health and Safety Code, or for rents for the targeted units to be set as specified in Sections 17.100.100 and 17.100.110 of this chapter;

2.

The concession or incentive would have a specific, adverse impact, as defined in Section 65589.5, Paragraph (2) of Subdivision (d) of the California Health and Safety Code 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 lower income and moderate income households; or

3.

The concession or incentive would be contrary to federal or state law.

C.

The applicant of an eligible housing development project shall receive the number of incentives or concessions as shown in Table 17.100-6.

Table 17.100-6—Number of Incentives or Concessions (based on total units)

Number of Incentives/Concessions	Very Low Income Percentage	Lower Income Percentage	Moderate Income Percentage
1	5%	10%	10%
2	10%	17%	20%
3	15%	24%	30%
4	16%	—	45%
5	At least 80% of the total units of a housing development project for rental or for-sale will be for very low- or lower-income households and the remaining 20% will be for very low, lower or moderate-income households.
Childcare facility	One additional concession or waiver, provided it contributes signifcantly to the economic feasibility of the childcare facility. Notwithstanding, the city shall not be required to provide an additional concession or waiver if it fnds, based upon substantial evidence, that the city has adequate childcare facilities.

D.

The applicant may initiate judicial proceedings if the city refuses to grant a requested density bonus, incentive, or concession. If a court finds that the refusal to grant a requested density bonus, incentive, or concession is in violation of the State Density Bonus Law, the court shall award the plaintiff reasonable attorney's fees and costs of suit. Nothing in this section shall be interpreted to require the city to grant an incentive or concession that has a specific, adverse impact, as defined in Section 65589.5, Paragraph (2) of Subdivision (d) of the California Government Code, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. Nothing in this subdivision shall be interpreted to require the city 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.

E.

This section shall not limit or require the provision of direct financial incentives for the housing development project, including the provision of publicly owned land by the city, or the waiver of fees or dedication requirements.

F.

The city bears the burden of proof for the denial of a requested concession or incentive.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

17.100.080 - Waivers or reductions of development standards. ¶

modified

A.

In no case may the city apply any development standard that will have the effect of physically precluding a development from meeting the criteria of Section 17.100.040 of this chapter at the densities or with the concessions or incentives permitted by this chapter. Subject to subdivision D below, an applicant may submit a proposal for the waiver or reduction of development standards that will have the effect of physically precluding the construction of a development meeting the criteria of Section 17.100.040 of this chapter at the densities or with the concessions or incentives permitted under this chapter and may request a meeting with the city.

B.

If a court finds that the refusal to grant a waiver or reduction of development standards is in violation of the State Density Bonus Law, the court shall award the plaintiff reasonable attorney's fees and costs of suit. Nothing in this subdivision shall be interpreted to require a city to waive or reduce development standards if the waiver or reduction would have a specific, adverse impact, as defined in Section 65589.5, Paragraph (2) of Subdivision (d) of the California Government Code, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. Nothing in this section shall be interpreted to require the city to waive or reduce development standards that would have an adverse impact on any real property that is listed in the California Register of Historical Resources, or to grant any waiver or reduction that would be contrary to federal or state law.

C.

A proposal for the waiver or reduction of development standards pursuant to this section shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to Section 17.100.070 of this chapter.

D.

A housing development project located within one-half mile of an MTS that receives a waiver from any maximum controls on density pursuant to Table 17.100-5 (under one hundred (100) percent affordable housing project) shall not be eligible for, and shall not receive, a waiver or reduction of development standards pursuant to this subsection, other than as expressly provided in Table 17.100-5 (under one hundred (100) percent affordable housing project) and 17.100.070.C. of this chapter.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

17.100.090 - Parking reductions. ¶

modified

A.

Upon the request of the developer, the city shall not require a vehicular parking ratio, inclusive of handicapped and guest parking, greater than as shown in Table 17.100-7:

Table 17.100-7—Parking Reductions

	Level 1 Afordable Project	Level 2 Afordable Project	Level 3 Afordable Project
Minimum qualifcations and afordability levels	Comply with Table 17.100-1 of this chapter	1) Rental or for sale projects with at least 20% of the base units are for lower income units or 11% very low-income units; or 2) For-sale projects with at least 40% of the base units are for moderate units	Rental projects with 100% of the total units are for lower or very low-income units
Other qualifcations	None	Unobstructed access within 0.5 miles of an MTS	1) Unobstructed access within 0.5 miles of an MTS; 2) Senior citizen or special needs housing development that has paratransit service or unobstructed access within 0.5 mile of a fxed bus route that operates 8 times/day; or 3) Supportive housing for people with disabilities
Required onsite parking:
Studio or 1 bedroom	1.0 spaces per unit	0.5 spaces per unit	None
2 or 3 bedrooms	1.5Spaces per unit
4 or more bedrooms	2.5spaces per unit

1.

The affordability levels shall be as provided in Section 50052.5 of the California Health and Safety Code.

2.

The affordability levels shall be exclusive of the manager's unit(s).

3.

For purposes of this subsection, a housing development project shall have unobstructed access to a major transit stop if a resident is able to access the MTS without encountering natural or constructed impediments. Per Section 65915, Subdivision (p) (2)(B) of the California Government Code, "Natural or constructed impediments" includes, but is not limited to, freeways, rivers,

mountains, and bodies of water, but does not include residential structures, shopping centers, parking lots, or rails used for transit.

B.

If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this section, a development may provide onsite parking through tandem parking or uncovered parking, but not through on street parking.

C.

This section shall apply to a development that meets the requirements of Sections 17.100.040, 17.100.100 and 17.100.110 of this chapter, but only at the request of the applicant. An applicant may request parking incentives or concessions beyond those provided in this subdivision pursuant to Section 17.100.070 of this chapter.

D.

This section does not preclude the city from reducing or eliminating a parking requirement for housing development projects of any type in any location.

E.

Notwithstanding subsection A. above, if the city or an independent consultant has conducted an area wide or jurisdiction wide parking study in the last seven (7) years, then the city may impose a higher vehicular parking ratio not to exceed the ratio described in Table 17.100-7, based upon substantial evidence found in the parking study, that includes, but is not limited to, an analysis of parking availability, differing levels of transit access, walkability access to transit services, the potential for shared parking, the effect of parking requirements on the cost of market-rate and subsidized developments, and the lower rates of car ownership for lower income and very low income individuals, including seniors and special needs individuals. The city shall pay the costs of any new study. The city shall make findings, based on a parking study completed in conformity with this subsection, supporting the need for the higher parking ratio.

F.

A request pursuant to this section shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to Section 17.100.070 this chapter.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

17.100.100 - Continued affordability; setting of affordable rent.

modified

An applicant shall agree to, and the city shall ensure, the continued affordability of all very low and lower income rental units that qualified the applicant for the award of the density bonus for at least fifty-five (55) years from the issuance of the final certificate of occupancy by the Building and Safety Division or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program.

A.

Except as set forth in subsection B. below, rents for the lower income density bonus units shall be set at an affordable rent, as defined in Section 50053 of the California Health and Safety Code.

For housing development projects meeting the criteria of Table 17.100-1 (under one hundred (100) percent affordable housing project), rents for all units in the development, including both base density and density bonus units, shall be as follows:

1.

The rent for at least twenty (20) percent of the units in the development shall be set at an affordable rent, as defined in Section 50053 of the California Health and Safety Code.

2.

The rent for the remaining units shall be set at an amount consistent with the maximum rent levels for a housing development project that receives an allocation of federal or state lower income housing tax credits from the California Tax Credit Allocation Committee.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

17.100.110 - Initial Occupancy of for-sale units; equity sharing. ¶

modified

A.

The applicant shall agree to, and the city and shall ensure that, the initial occupant of all for-sale units that qualified the applicant for the award of the density bonus are persons and families of very low, lower, or moderate income, as required, and that the units are offered at an affordable housing cost, as that cost is defined in Section 50052.5 of the California Health and Safety Code.

B.

The city shall enforce an equity sharing agreement, unless it is in conflict with the requirements of another public funding source or law. The following apply to the equity sharing agreement:

1.

Upon resale, the seller of the unit shall retain the value of any improvements, the down-payment, and the seller's proportionate share of appreciation. The local government shall recapture any initial subsidy, as defined in subsection B.2. below, and its proportionate share of appreciation, as defined in subsection B.3. below, which amount shall be used within five (5) years for any of the purposes described in Section 33334.2, Subdivision (e) of the California Health and Safety Code that promote home ownership.

2.

For purposes of Sections 17.100.100 and 17.100.110 of this chapter, the city's initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the moderate income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value.

3.

For purposes of Sections 17.100.100 and 17.100.110 of this chapter, the city's proportionate share of appreciation shall be equal to the ratio of the city's initial subsidy to the fair market value of the home at the time of initial sale.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

17.100.120 - Replacement of pre-existing affordable units.

modified

A.

An applicant shall be ineligible for a density bonus or any other incentives or concessions under this chapter if the housing development is proposed on any property that includes a parcel or parcels on which rental dwelling units are or, if the dwelling units have been vacated or demolished in the five (5) 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 lower or very low income; subject to any other form of rent or price control through a public entity's valid exercise of its police power; or occupied by lower or very low income households, unless the proposed housing development replaces those units, and either of the following applies:

1.

The proposed housing development, inclusive of the units replaced pursuant to this section, contains affordable units at the percentages set forth in Section 17.100.040 of this chapter; or

2.

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

B.

For the purposes of this section, "replace" shall mean any of the following:

1.

If dwelling units described in subsection A. above are occupied on the date of application, the proposed housing development shall provide at least the same number of 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 or lower income category as those households in occupancy.

2.

For unoccupied dwelling units described in subsection A. above in a development with occupied units on the date of application, the proposed housing development shall provide 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 or lower income category as the last household in occupancy.

3.

If dwelling units described in subsection A. above have been vacated or demolished within the five (5) year period preceding on the date of application, the proposed housing development shall provide at least the same number of units of equivalent size as existed at the highpoint of those units in the five (5) 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.

C.

When income categories of current or former occupants described in subsection B. above are not known, the income level of replacement units shall be determined as follows:

1.

For occupied units, if the income category of the household in occupancy is not known, it shall be rebuttably presumed that lower income renter households occupied these units in the same proportion of lower income renter households to all renter household within the city, as determined by the most recent available data from the United States Department of Housing and Urban Development's Comprehensive Housing Affordability Strategy database.

2.

For unoccupied units on a property with occupied units, if the income category of the last household in occupancy is no known, it shall be rebuttably presumed that lower income renter households occupied these units in the same proportion of lower income renter households to all renter households within the city, as determined by the most recently available data from the United States Department of Housing and Urban Development's Comprehensive Housing Affordability Strategy database.

3.

For units that have been vacated or demolished within the past five (5) years, if the incomes of the persons and families in occupancy at the highpoint as set forth in subsection B.3. above is not known, it shall be rebuttably presumed that lower income and very low income renter households occupied these units in the same proportion of lower-income and very low income renter households to all renter households within the city, as determined by the most recently available data from the United States Department of Housing and Urban Development's Comprehensive Housing Affordability Strategy database.

D.

All replacement calculations resulting in fractional units shall be rounded up to the next whole number.

E.

If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least fifty-five (55) years. If the proposed development is for-sale units, the units replaced shall be subject to Section 17.100.110 of this chapter.

F.

Notwithstanding subsection B. above, any dwelling unit described in subsection A. above, that is or was, within the five (5) year period preceding the application, subject to a form of rent or price control through the city's valid exercise of its police power and that is or was occupied by persons or families above lower income, the city may, at its discretion, do either of the following:

1.

Require that the replacement units be made available at affordable rent or affordable housing cost to, and occupied by, lower income persons or families. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least fifty-five (55) years. If the proposed development is for-sale units, the units replaced shall be subject to subsection F.2. below.

2.

Require that the units be replaced in compliance with any applicable city rent or price control ordinance, provided that each unit described in subsection A. above. Unless otherwise required by any city rent or price control ordinance, these units shall not be subject to a recorded affordability restriction.

G.

For purposes of this section, "equivalent size" means that the replacement units contain at least the same total number of bedrooms as the units being replaced.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

17.100.130 - Time periods. ¶

new

A.

The density bonus with or without concessions or waivers shall be valid for two (2) years after the effective date of approval by the Community Development Director.

B.

If the applicant has proceeded in good faith toward the implementation of the density bonus with or without concessions or waivers, then the applicant may request a twelve-month extension of the permit. The applicant shall submit the request prior to the expiration date. The extension shall be considered by the Community Development Director within thirty (30) days of the request. No additional extensions shall be permitted.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

17.100.140 - Appeals. ¶

new

Community Development Director decisions regarding this chapter are appealable to the Planning Commission and ultimately, the City Council. Refer to Section 17.10.100 (General Regulations—Ability to Appeal) of this title for additional information.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)