§ 155.344 DENSITY BONUS.

The purpose of this section is to allow for density bonuses and additional incentives, consistent with Cal. Gov’t Code §§ 65915 et seq. and the General Plan Housing Element, and to promote the production of affordable, specialized, and senior housing. The density bonus ordinance codified in this chapter is intended to comply with State Density Bonus Law, Cal. Gov’t Code §§ 65915 et

seq .

(Ord. 902-C.S., passed 8-18-20; Am. Ord. 951-C.S., passed 10-17-23)

The definitions found in State Density Bonus Law apply to the terms contained in this subsection. (Ord. 902-C.S., passed 8-18-20)

(A) A housing development as defined in State Density Bonus Law is eligible for a density bonus and other regulatory incentives that are provided by State Density Bonus Law when the applicant seeks and agrees to provide low, very-low, senior or moderate-income housing units or units intended to serve transitional foster youth, disabled veterans, homeless persons, and lower income students in the threshold amounts specified in State Density Bonus Law.

(Ord. 902-C.S., passed 8-18-20)

(A) All applications. All applications for a density bonus, developer incentive, waiver or modification of development standards must include the following reasonable documentation:

(1) Density bonus.

(a) A summary table showing the maximum number of dwelling units permitted by the zoning and general plan excluding any density bonus units, the proposed affordable units by income level, the proposed bonus percentage, the number of density bonus units proposed, the total number of dwelling units proposed on the site, and the resulting density in units per acre.

(b) A site plan, drawn to scale, showing the number and location of all proposed units, designating the location of proposed affordable units and density bonus units.

(c) The zoning and general plan designations and assessor's parcel number(s) of the housing development site.

(d) A description of all dwelling units existing on the site in the five-year period preceding the date of submittal of the application and identification of any units rented during the five-year period. If dwelling units on the site are currently rented, income and household size of all residents of currently occupied units, if known. If any dwelling units on the site were rented in the five-year period but are not currently rented, the income and household size of residents occupying dwelling units when the site contained the maximum number of dwelling units, if known.

(e) A description of any recorded covenant, ordinance, or law applicable to the site that restricted rents to levels affordable to very-low or lower-income households in the five-year period preceding the date of submittal of the application.

(2) Concession or incentive. For each concession or incentive requested:

• (a) The existing development standard and the requested development standard or regulatory incentive.

(b) Except where mixed-use zoning is proposed as a concession or incentive, documentation to show any requested incentive will result in identifiable and actual cost reductions to provide for affordable housing costs or rents.

(c) If approval of mixed-use zoning is proposed, documentation that nonresidential land uses will reduce the cost of the housing development, that the nonresidential land uses are compatible with the housing development and the existing or planned development in the area where the proposed housing development will be located, and that mixed-use zoning will provide for affordable housing costs or rents.

• (3) Waiver. For each waiver requested:

• (a) The existing development standard and the requested development standard.

(b) Documentation that the development standard for which a waiver is requested will have the effect of physically precluding the construction of a development at the densities or with the concessions or incentives permitted by Cal. Gov’t Code § 65915.

(4) Parking reduction. A table showing parking required by the zoning regulations, parking proposed under Cal. Gov’t Code

• § 65915(p), and reasonable documentation that the project is eligible for the requested parking reduction.

• (5) Child care facility. Documentation that all requirements included in Cal. Gov’t Code § 65915(h) can be met.

• (6) Condominium conversion. Documentation that all requirements included in Cal. Gov’t Code § 65915.5 can be met.

• (7) Commercial development bonus. Documentation that all requirements included in Cal. Gov’t Code § 65915.7 can be met.

• (8) Land donation. Documentation of the location of the land to be dedicated, proof of site control, and reasonable documentation that each of the requirements included in Cal. Gov’t Code § 65915(g) can be met.

(B) Timeline for application processing. Applications made pursuant to this section will be processed pursuant to Cal. Gov’t Code §§ 65950 et seq.

(Ord. 902-C.S., passed 8-18-20)

(A) All calculations are rounded up for any fractional numeric value in determining the total number of units to be granted, including base density and bonus density, as well as the resulting number of affordable units needed for a given density bonus project.

(B) Projects qualifying for a density bonus under one or more income categories, or one or more types of housing (i.e., senior housing or housing intended to serve transitional foster youth, disabled veterans, homeless persons, or lower income students), must identify the categories under which the density bonus would be applied. Density bonuses from more than one category can be combined up to the maximum allowed under State Density Bonus law.

(C) Density bonus units are not included in determining the number of affordable units required to qualify a project for a density bonus.

(D) The applicant may elect to accept a lesser percentage of density bonus than the housing development is entitled to, or no density bonus, but no reduction will be permitted in the percentages of required affordable units contained in Cal. Gov’t Code § 65915(b), (c), and (f). Regardless of the number of affordable units, no project will be entitled to a density bonus of more than what is authorized under State Density Bonus Law.

(E) The number of incentives an applicant may request is provided by State Density Bonus Law. (Ord. 902-C.S., passed 8-18-20)

(A) Density bonus applications for housing developments requiring discretionary review will be reviewed and acted upon by the highest review authority designated by the Zoning Code for any of the applications (e.g., a project requiring a use permit and applying for a density bonus will have both applications decided by the Planning Commission).

(B) The Director reviews and takes action on density bonus applications for housing developments requiring only ministerial review (e.g., a density bonus application for a housing development requiring only a building permit will be decided by the Director).

(Ord. 902-C.S., passed 8-18-20)

(A) To approve a density bonus application, the review authority must make the following written findings, based upon substantial evidence, as applicable:

(1) Density bonus.

(a) The proposed development provides the affordable units or senior housing required by State Density Bonus Law to be eligible for the density bonus and any incentives, parking reduction, or waivers requested, including the replacement of units rented or formerly rented to low- and very low-income households as required by Cal. Gov’t Code § 65915(c)(3).

(b) The proposed density bonus will result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Cal. Health and Safety Code § 50052.5, or for affordable rents, as defined in Cal. Health and Safety Code § 50053; or

• (c) The proposed density bonus will not be contrary to state or federal law; and

(d) The proposed density bonus will not have a specific adverse impact on public health or safety, or the physical environment, or on any real property that is listed in the California Register of Historic Resources. For the purpose of this subsection, specific 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 for the housing development was deemed complete.

(2) Incentive. Any requested incentive will result in identifiable and actual cost reductions to provide for affordable housing costs or rents, except that, if a mixed-use development is requested, the application must instead meet all of the requirements of Cal. Gov’t Code § 65915(k)(2).

(3) Waiver. The development standard for which a waiver is requested will have the effect of physically precluding the construction of a development at the densities or with the concessions or incentives permitted by Cal. Gov’t Code § 65915.

(4) Parking reduction. The housing development is eligible for any requested parking reductions under Cal. Gov’t Code § 65915(p).

(5) Donation of land. If the density bonus is based entirely, or in part, on the donation of land, all of the requirements included in Cal. Gov’t Code § 65915(g) have been met.

(6) Child care facility. If the density bonus or incentive is based on the inclusion of a child care facility, all of the requirements included in Cal. Gov’t Code § 65915(h) have been met.

(7) Condominium conversion. If the density bonus or incentive is based on the inclusion of affordable units as part of a condominium conversion, all of the requirements included in Cal. Gov’t Code § 65915.5 have been met.

• (8) Commercial Development.

• (a) The city has approved the partnered housing agreement; and

(b) The commercial development bonus has been mutually agreed upon by the city and the commercial developer; and

(c) All of the requirements included in Cal. Gov’t Code § 65915.7 have been met.

(Ord. 902-C.S., passed 8-18-20)

If any portion of § 155.344 conflicts with State Density Bonus Law (Cal. Gov’t Code §§ 65915 et seq. ) 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.

(Ord. 951-C.S., passed 10-17-23)

ADMINISTRATIVE RESPONSIBILITIES